CITY AND COUNTY OF SWANSEA
NOTICE OF MEETING
You are invited to attend a Meeting of the DEVELOPMENT MANAGEMENT AND CONTROL COMMITTEE
At: Council Chamber, Civic Centre, Swansea.
On: Thursday, 7 March, 2013
Time: 5.00 pm
AGENDA
Page No.
1. Apologies for Absence.
2. To Receive Declarations of Personal and Prejudicial Interests 1 from Members.
3. To approve as a correct record the Minutes of the Meetings held on:- a) Development Management & Control Committee held on 10 January 2 - 5 2013. b) Special Development Management & Control Committee held on 7 6 - 10 February 2013.
4. Swansea Bay Tidal Lagoon Briefing Report. (For Information) 11 - 16
5. Planning Application 2012/1473 Field 2255, Weobley Castle Farm, 17 - 26 Llanrhidian. (Referral from Area 2 Development Control Committee held on 22 January 2013)
6. Planning Application 2012/1506 Field 1627 Phillistone Farm, 27 - 37 Llanmadoc. (Referral from Area 2 Development Control Committee held on 22 January 2013)
7. Planning Application No 2012/1505 Little Bryn Gwyn Farm, 38 - 64 Cilibion. (Referral from Area 2 Development Control Committee held on 22 January 2013)
8. To receive the Minutes of the Rights of Way & Commons Sub Committee held on 5 December 2012. (For Information) http://www.swansea.gov.uk/index.cfm?articleid=52360
Patrick Arran Head of Legal, Democratic Services & Procurement 28 February 2013 Contact: Democratic Services - 636824
ACCESS TO INFORMATION LOCAL GOVERNMENT ACT 1972 (SECTION 100) (AS AMENDED)
(NOTE: The documents and files used in the preparation of this Schedule of Planning Applications are identified in the ‘Background Information’ Section of each report. The Application files will be available in the committee room for half an hour before the start of the meeting, to enable Members to inspect the contents).
Agenda Item 2 Disclosures of Personal Interest from Members
To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.
NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.
1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.
2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)
3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).
4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.
5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -
- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature
D:\moderngov\Data\AgendaItemDocs\9\0\0\AI00003009\$w4u5kewh.docPage 1 Agenda Item 3a
CITY AND COUNTY OF SWANSEA
MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT AND CONTROL COMMITTEE
HELD AT THE CIVIC CENTRE, SWANSEA ON THURSDAY 10 JANUARY 2013 AT 5.00 P.M.
PRESENT: Councillor R Francis-Davies (Chair) presided
Councillor(s): Councillor(s): Councillor(s):
J C Bayliss J E C Harris G Owens P M Black T J Hennegan C L Philpott N S Bradley C A Holley J A Raynor U C Clay P R Hood-Williams T H Rees A C S Colburn Y V Jardine I M Richard D W Cole S M Jones R V Smith A M Cook A S Lewis R J Stanton S E Crouch R D Lewis G J Tanner J P Curtice P Lloyd M Theaker N J Davies K E Marsh D W W Thomas P Downing P M Matthews M Thomas C R Doyle P M Meara G D Walker V M Evans H M Morris L V Walton W Evans B G Owen T M White F N Gordon
40. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors W J F Davies, A M Day, E W Fitzgerald, J A Hale, B Hopkins, D H Hopkins, D H James, L James, A J Jones, J W Jones, M H Jones, E T Kirchner, C E Lloyd, J Newbury, D Phillips, J C Richards, P Sangha, P B Smith, D G Sullivan, C Thomas, C M R W D Thomas, L G Thomas and L J Tyler-Lloyd.
41. DISCLOSURES OF PERSONAL AND PREJUDICIAL INTERESTS
In accordance with the Code of Conduct adopted by the City and County of Swansea, no interests were declared.
42. MINUTES
RESOLVED that the Minutes of the meeting of the Development Management and Control Committee held on 25 October 2012 be accepted as a correct record.
Page 2 Minutes of the Meeting of the Development Management and Control Committee (10.01.2013) Cont’d
43. PLANNING APPLICATION NO. 2012/1376 - VARIOUS BANKS AT THE RIVER TAWE, SWANSEA VALE NORTH AND SWANSEA ENTERPRISE PARK, SWANSEA
The Head of Economic Regeneration and Planning submitted a report to determine the application for the construction of the Lower Swansea Valley Flood Risk Management Project along the banks of the River Tawe. The project involved the realignment of the existing Swansea Vale North Embankment and creation of a wetland habitat, raising the height of existing embankments, constructing new flood defence walls, flood gate installation, the replacement of Beaufort Road Bridge with a new pedestrian/cycle bridge and protection works to the ordinary water course at the rear of Cwrt Llwyn Fedwen together with associate works, landscaping and cycle way/footpath reinstatement.
The application was reported directly to the Development Management and Control Committee in accordance with the Council’s Constitution as an application of strategic importance. The application had also been reported as a departure from the adopted Unitary Development Plan where approval was being recommended.
The Unitary Development Plan allocates the site of the works for green space protection, riverside walk and employment. Notwithstanding this, the protection works were considered both necessary and appropriate.
A visual presentation was given to Members.
(NOTE: a verbal update report was given that there were no highway objections subject to the highway works being undertaken under the appropriate highway agreements.)
RESOLVED that the application be approved subject to the conditions set out in the report attached as Appendix D.
44. PLANNING APPLICATION 2012/1376 - GOWER HOLIDAY VILLAGE, MONKSLAND, REYNOLDSTON, SWANSEA (REFERRAL FROM AREA 2 DEVELOPMENT CONTROL COMMITTEE HELD ON 4 DECEMBER 2012)
The Head of Economic Regeneration and Planning submitted a report to determine the application for the temporary use of field 64 for touring units from 1 June to 31 August 2013, 1 June to 31 August 2014 and 1 June to 31 August 2015.
Page 3 Minutes of the Meeting of the Development Management and Control Committee (10.01.2013) Cont’d
The application had been reported to the Area 2 Development Control Committee on 4 December 2012 with the recommendation that planning permission be granted, subject to conditions as the proposal was an acceptable departure from the provisions of the Development Plan and the Committee resolved to accept the recommendation.
A plan showing the location of the application site was attached at Appendix A and a copy of the report to the Area 2 Development Control Committee on 4 December 2012 was attached at Appendix B to the report.
A visual presentation was given to Members.
(NOTE a verbal update report was provided confirming that there was no objection from Dwr Cymru/Welsh Water.)
RESOLVED that the application be approved as a departure from the Development Plan subject to the conditions set out in Appendix B.
45. CONSULTATION BY WELSH GOVERNMENT ON PROPOSED CHANGES TO NON DOMESTIC PERMITTED DEVELOPMENT RIGHTS
The Head of Economic Regeneration and Planning submitted a report to respond to the Welsh Government’s Consultation Document - “Proposed Changes to Non Domestic Permitted Development Rights”.
It was outlined that the Welsh Government had issued a consultation paper on proposed amendments to the Permitted Development Rights for non domestic properties (i.e. industrial and warehouses, schools, colleges, universities and hospitals, offices, shops and financial services).
In line with other initiatives intended to simplify the development process in the interests of efficiency and economic stimulation, the General Development Order had been reviewed in both England and Wales. Proposals to amend the Order in respect of householder development were consulted on by the Welsh Government last year and were due to come into force in Spring 2013. The proposals now being consulted on sought similarly to streamline the planning permission requirements for non residential properties.
The suggested responses of the Authority to the consultation were set out in Appendix A of the report.
Page 4 Minutes of the Meeting of the Development Management and Control Committee (10.01.2013) Cont’d
RESOLVED:
(1) the responses set out in Appendix A be forwarded to the Welsh Government;
(2) the Welsh Government be requested to consider the inclusion of Permitted Development Rights for non domestic properties regarding micro-generation.
46. MINUTES
The Minutes of the Rights of Way and Commons Sub-Committee meeting held on 10 October 2012 were reported for information.
The meeting ended at 6.23 p.m.
CHAIR
S: Development Management and Control Committee - 10 January 2013 (JEP/EJF) 18 January 2013
Page 5 Agenda Item 3b
CITY AND COUNTY OF SWANSEA
MINUTES OF THE SPECIAL DEVELOPMENT MANAGEMENT AND CONTROL COMMITTEE
HELD AT THE COUNCIL CHAMBER, CIVIC CENTRE, SWANSEA ON THURSDAY 7 FEBRUARY 2012 AT 5.00 P.M.
PRESENT: Councillor P Lloyd (Vice-Chairman) presided
Councillor(s): Councillor(s): Councillor(s):
J C Bayliss T J Hennegan D Phillips N S Bradley P R Hood-Williams C L Philpott J E Burtonshaw B Hopkins J A Raynor M C Child D H Hopkins T H Rees U C Clay L James I M Richard A C S Colburn Y V Jardine J C Richards D W Cole A J Jones N M Ronconi-Woollard A M Cook J W Jones P Sangha S E Crouch M H Jones P B Smith J P Curtice S M Jones R V Smith N J Davies E T Kirchner R C Stewart W J F Davies A S Lewis D G Sullivan P Downing D J Lewis G J Tanner C R Doyle R D Lewis M Theaker V M Evans K E Marsh C Thomas W Evans P M Matthews C M R W D Thomas E W Fitzgerald P M Meara L J Tyler-Lloyd F M Gordon H M Morris G D Walker J A Hale B G Owen L V Walton J E C Harris G Owens T M White
47. APOLOGIES
Apologies for absence were received from Councillors PM Black, AM Day, R Francis Davies, CA Holley, DH James, J Newbury, RJ Stanton and LG Thomas.
48. DECLARATIONS OF INTEREST
In accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea, the following interests were declared:
Councillor J E Burtonshaw - Personal - Planning Application No.2012/1221(Minute No 49) – Chair of Gower AONB Group.
Page 6 Minutes of the Special Development Management and Control Committee (07.02.2013) Cont’d
Councillor J C Bayliss - Personal - Planning Application No. 2012/1221(Minute No 49) - Board Member of SSMC.
Councillor N S Bradley - Personal - Planning Application No. 2012/1221 (Minute No 49) - Board Member of SSMC.
Councillor P Downing - Personal - Planning Application No. 2012/1221 (Minute No 49) - Member of Pontarddulais Community Council.
Councillor E W Fitzgerald - Personal - Planning Application No. 2012/1221 (Minute No 49) - Member of Penllergaer Community Council.
Councillor J E C Harris – Personal - Planning Application No. 2012/1221 (Minute No 49) - Member of Pontarddulais Community Council.
Councillor P Hood-Williams - Personal - Planning Application No. 2012/1221 (Minute No 49) - Chair of Swansea Local Access Forum.
Councillor L James - Personal - Planning Application No. 2012/1221 (Minute No 49) - Member of Gower Society
Councillor S M Jones - Personal - Planning Application No. 2012/1221 (Minute No 49) - Member of Mawr Walking Club.
Councillor G Owens - Personal - Planning Application No. 2012/1221 (Minute No 49) - Employed by company which sells energy for EON, a competitor of RWE and Member/Director of Clyne Golf Club which leases land off the owner of the application site.
Councillor J A Raynor - Personal - Planning Application No. 2012/1221(Minute No 49) - Ospreys Season Ticket Holder
Councillor I M Richard - Prejudicial - Planning Application No. 2012/1221(Minute No 49) - and left during discussion
Councillor J C Richards - Personal - Planning Application No. 2012/1221(Minute No 49) - Board Member of SSMC.
Councillor D G Sullivan - Personal and Prejudicial - Planning Application No. 2012/1221(Minute No 49) - Member of Llangyfelach Community Council.
Page 7 Minutes of the Special Development Management and Control Committee (07.02.2013) Cont’d
49. PLANNING APPLICATION: 2012/1221 - N POWER RENEWABLES LTD FOR THE INSTALLATION OF 16 WIND TURBINES ON LAND AT MYNYDD Y GWAIR, SWANSEA
The Head of Economic Regeneration and Planning indicated that this application was reported directly to Committee for decision in accordance with the Council’s Constitution as it was deemed to be of strategic significance.
He reported that Members of the Committee had undertaken a site visit to the application site and its surrounding area on Monday 4 February 2013.
A detailed power point presentation was given by Officers outlining the background to the application site, its previous planning history, the application details, location, layout, consultation undertaken, size of proposed turbines, access road requirements, abnormal land routes, proximity to similar development at Betws Mountain, etc.
Officers then advised members of the material planning considerations and outlined the decision and advice of the Planning Inspector following the public enquiry relating to the previous application on the site.
An update report was distributed to Members which outlined late representations from Mawr Community Council and Mawr Development Trust, two late letters of objection and three letters of support. The update report also amended some typographical errors in the report.
A comprehensive set of seventeen colour plans identifying the site layout, photo montages, areas of peat bog, traffic routes etc were also distributed in support of the officers presentation.
Mr G Morgan on behalf of SOCME (objectors) addressed the Committee and gave a Powerpoint presentation in support of his speech.
Mrs G Elias, Mr H Jones and Mr A Hore on behalf of RWE Npower Renewables (applicant) addressed the Committee.
(NOTE: Committee adjourned at 6.55pm for a ten minute comfort break.)
Page 8 Minutes of the Special Development Management and Control Committee (07.02.2013) Cont’d
Members discussed and debated the application at considerable length and raised concerns, asked technical questions and sought clarification from the Officers on a wide range of issues associated with the proposal including the suitability of the site, cumulative impact of proposals on local area, potential access and traffic implications/disruption of the development, visual effect on landscape, visual amenity, residential amenity, effect on peat bog, water supply, water run off and potential flooding, ecology, wildlife, and impact on recreational activities such as walking and riding. The implications of refusing the application and potential for appeal process and costs were also discussed. Officers responded accordingly.
RESOLVED that the application be approved, subject to the legal agreement and conditions as set out in the report and the additional conditions detailed below:
Condition
A local liaison group should be established within two months prior to the commencement of the development, whose composition and terms of reference shall be submitted to and approved by the Local Planning Authority.
Additional Section 106 Planning Obligation Clause
An obligation to ensure social benefit clauses are included in contracts and/or development agreements to promote initiatives that will allow local supply chains to benefit and local people to be employed and/or trained as an integral part of the development process.
(NOTE: Councillors J C Bayliss and G Owens wished it to be recorded that they voted for the recommendation.)
50. SWANSEA VALE FLOOD PREVENTION SCHEME - ENABLING WORKS
The Head of Economic Regeneration and Planning presented a report which outlined a breach of planning control arising from the proposed relocation of the unauthorised but tolerated gypsy traveller encampment on land at Mill Stream Way.
The relevant planning history, policy background, consultation undertaken and planning background along with the details of the proposals and the issues related to them along with the potential financial implications to the Authority were outlined.
Page 9 Minutes of the Special Development Management and Control Committee (07.02.2013) Cont’d
RESOLVED that:
(1) no enforcement action be taken against the unauthorised gypsy and traveller encampment at Mill Stream Way and that the situation is monitored by the Head of Economic Regeneration and Planning and the Corporate Director (Environment) and that a further report be brought to this Committee in the light of the Council providing a permanent facility elsewhere in due course;
(2) the Council implements a set of Flood Emergency Measures for the site as required by the Environment Agency.
The meeting ended at 8.58 p.m.
CHAIR
S: Special Development Management and Control Committee - 7 February 2013 (GB) 8 February 2013
Page 10 Agenda Item 4
Report of the Head of Economic Regeneration & Planning
Development Management and Control Committee - 7 March 2013
SWANSEA BAY TIDAL LAGOON BRIEFING REPORT
The purpose of this report is to formally introduce the proposed tidal lagoon scheme to Members prior to a presentation by Tidal Lagoon Swansea Bay Ltd to this Committee.
The report also seeks to advise Members of the determination process for such an application and the role of the City & County of Swansea in that process.
Report Author: Richard Jones
Finance Officer: N/A
Legal Officer: Rod Jones
FOR INFORMATION
1.0 Introduction
1.1 Tidal Lagoon Swansea Bay Ltd intends to submit an application in September/October 2013 to the Planning Inspectorate, to develop a tidal lagoon with associated development within Swansea Bay.
1.2 The purpose of this report is to formally introduce the proposed scheme to Members prior to a presentation by Tidal Lagoon Swansea Bay Ltd to this Committee. There will be opportunity following the presentation for Members to raise questions with Tidal Lagoon Swansea Bay Ltd. This is a fact finding process only. Members will note the Process for dealing with this major infrastructure project which is set out in detail in Paragraph 3 of this report. There is no scope at this stage for members to consider the merits of the proposal or to make any decisions which will form part of the Process as described in Paragraph 3 of the report.
2.0 The Proposed Scheme
2.1 Tidal Lagoon Swansea Bay Ltd propose to design, construct and operate a tidal lagoon for the purpose of generating renewable energy. This will be achieved by harnessing the power of the high tidal range in Swansea Bay (where the maximum Spring tidal range reaches over 10m). The broadly circular structure would be located/link into the operational Port of Swansea approximately at the eastern and western extent of the Queens Dock. A location plan for the project is provided as Appendix A.
Page 11
2.2 It is stated that the lagoon would be designed with an installed tidal power capacity of 250 MW, capable of 16 hours of generation every day and thereby providing reliable, predictable electricity generation for 107,000 homes. It would comprise an impounding “breakwater or seawall” of approximately 9.5km in length. This would impound a tidally driven area of water approximately 9.3km2.
2.3 The landward face of the seawall to the lagoon would be set such that the top 3m will be visible at Mean High Water Springs (MHWS), and approximately 12m wall height will be visible at Mean Low Water Springs (MLWS). Both figures are subject to final designs incorporating Health & Safety requirements that permit public access to the wall.
2.4 Turbines would be set in a single turbine caisson section at one of the deepest points along the wall. The turbine housings would be located on the seaward side of the seawall at around 5-7m below Lowest Astronomical Tide (LAT). The housing would comprise reinforced concrete caissons, which would be built in a line approximately 400m long with a width of approximately 30m. Within these, a series of hydro turbines would generate electricity as water flows both into and out of the lagoon with the rise and fall of the tide. The area within the lagoon will remain subject to the full, natural tidal range, though delayed in time from the tidal cycle experienced outside the lagoon walls.
2.5 It is currently anticipated that the electricity generated by the turbines offshore will be stepped-up to 132 kV prior to being exported by cable to the shore and then onwards to a suitable grid connection point. This step-up is required to minimise energy losses during transmission. At present the preferred route option would be adjacent to Fabian Way and across to Baglan substation.
2.6 Associated with the lagoon it is explained as being necessary to have operation and control facilities to manage the generating station. At this stage it is anticipated that the primary facility will be housed onshore, close to the landfall of the eastern seawall, with smaller control facilities housed at a location at or near the turbine caissons. The onshore facility would house permanent control staff.
2.7 It is advised that restricted access measures at both landfall points of lagoon seawalls will be included in the design. The onshore building would also control the access points to the lagoon seawalls, particularly for use during adverse weather conditions.
2.8 It is also proposed that there will be visitors’ facilities. The exact details of these will be determined during the Environmental Impact Assessment process but at present it anticipated that this could include:
• Watersports and activities facilities – potentially incorporating a clubhouse, toilets/changing facilities, café, boat or equipment storage units, additional slipways - one inside and one outside the lagoon; • Cycle hire points for public equipment use; • Parking provision, public transport pick-up/drop-off and landscaped circulation space suitable for 70-100k visitors per year; and • Safe, secure visitor access between the two seawall landfall points so a complete circuit can be made.Page 12 2.9 It is also proposed to have a visitor centre building offshore, located near and integrated with the turbine housing area approximately 5km out along the lagoon wall. The exact appearance and facilities within this building are still to be determined but they are stated as likely to include:
• Architecturally significant design/appearance, with the objective of creating an iconic building; • Lobby; • Café/restaurant/toilets; • Permanent renewable energy exhibition space(s); • Interactive physical exhibitions for education and interest; • Multi-use exhibition/function space; and • Navigational lighting as required.
3.0 The Process
3.1 The Planning Act 2008 (as amended by the Localism Act 2011) made significant changes to the planning system for major infrastructure projects such as this. The proposed Swansea Bay Tidal Lagoon is an offshore generating station of more than 100MW and as such it is classified under the 2008 Act as a Nationally Significant Infrastructure Project (NSIP). An application must therefore be made to the Planning Inspectorate for permission under a development consent order (DCO) from the Secretary of State for Energy and Climate Change.
3.2 Section 33 of the Planning Act 2008 dispenses with the need for separate planning permission and consents under Section 36 or 37 of the Electricity Act 1989 and the Town and Country Planning Act (TCPA) 1990. However, the proposal lies within Welsh territorial waters and therefore a marine license is required for construction and dredging from the Welsh Government Marine Consents Unit.
3.3 The DCO will provide for the generating station itself plus its component parts. These include the offshore and most onshore aspects of the project, including the integral electrical grid connection works, which will form part of the application for development. Onshore elements of the project which are not categorised as ‘associated development’ will be applied for under the Town and Country Planning Act 1990 to the relevant local authority, in this case the City and County of Swansea.
3.4 The process begins when the Planning Inspectorate is informed by a developer that they intend to submit an application for a DCO in the future. This was carried out in October 2012 and the project has been added to the Programme of Projects on the National Infrastructure Planning portal.
3.5 Before submitting the application to the Planning Inspectorate, Tidal Lagoon Swansea Bay Ltd has a statutory obligation under Section 42 of the 2008 Act to carry out pre-application consultation on their proposals. Groups that must be consulted include local authorities, a set list of public and regulatory bodies and those with an interest in the land affected by the project. In addition, Section 47 (duty to consult the local community) requires the applicant to prepare a statement (with input from the local authorities) setting out how it proposes to consult with people living in the vicinity of the development, and then to conduct the consultation in accordance with that statement. The statement is known as a StatementPage of13 Community Consultation (SoCC).
3.6 To this end, the Authority is currently in receipt of a draft consultation strategy for the proposed tidal lagoon, which includes a draft SoCC. This is an informal submission and Tidal Lagoon Swansea Bay Ltd has requested comments back on the draft documents within 28 days – by Monday 18 March. It is intended to formally submit the draft SoCC and Consultation Strategy to CCS on the 1st April 2013. CCS has a statutory 28 days to respond.
3.7 Tidal Lagoon Swansea Bay Ltd anticipates responding to the comments from CCS and publishing the final SoCC in early May 2013. The formal consultation period of preferred options based on Preliminary Environmental Information will also commence in May 2013 and public consultation events are programmed to take place during June and July 2013. It is anticipated that the deadline for receipt of representation will be the end of July 2013. The developer must demonstrate to the Planning Inspectorate how they have taken account of any feedback that has been provided by the local community, the local authority and statutory consultees.
3.8 The streamlined process for examining applications within a timetable strictly defined in law means that it is not normally possible for significant changes to be made to a proposal after it has been submitted to the Planning Inspectorate. Therefore, the best time to influence a proposal is before it is finalised, at the pre-application stage by taking part in the developer’s consultation. Accordingly a report will be presented to Members during the summer which appraises the impact of the proposal on the City and County of Swansea, based upon the Preliminary Environmental Information provided. In turn the report will recommend a response to Tidal Lagoon Swansea Bay Ltd to the formal consultation.
3.9 It is currently envisaged that Tidal Lagoon Swansea Bay Ltd will make their application to the Planning Inspectorate in September/October 2013. Once an application is submitted to the Planning Inspectorate, the Inspector appointed has 28 days to decide whether or not to accept it for examination. The Planning Inspectorate will make this decision by considering a number of factors, including whether the right environmental issues have been identified and if the developer’s public consultation has been adequate.
3.10 In terms of environmental issues, the application falls within the scope of the Environmental Impact Assessment Directive, meaning that an ‘Environmental Statement’ will be produced to support the consents application submission. An Environmental Statement sets out an assessment of a project’s likely significant environmental effects, along with any proposed mitigation. The Authority has been consulted by the Planning Inspectorate on the scope of the Environmental Statement.
3.11 If the application is accepted for examination the process moves onto the pre- examination stage. This stage of the process has no fixed timetable but normally takes approximately 3 months. At pre-examination stage, everyone who has registered to put their case in respect of the proposal will be invited to attend a Preliminary Meeting chaired by the Inspector appointed to examine the application.
Page 14 The purpose of the Preliminary Meeting is to give interested parties the opportunity to make representations to the Planning Inspectorate about how the application should be examined. The Preliminary Meeting will concern itself only with the procedure for examining the application, including, setting the timetable for making more detailed written representations.
3.11 The Planning Inspectorate has six months to carry out the examination. During this stage the City & County of Swansea will be invited to submit a Local Impact Report (LIR). The Inspector must have regard to the LIR in determining the application. Accordingly a further report will be presented to Members which appraises the impact of the proposal on the City and County of Swansea, based upon the Environmental Statement. The report will also recommend a LIR for submission to the Planning Inspectorate.
3.12 The Planning Inspectorate must prepare a report on the application to the Secretary of State, including a recommendation, within 3 months of the six month examination period. The Secretary of State then has a further 3 months to make the decision on whether to grant or refuse development consent. Once a decision has been issued by the Secretary of State, there is a six week period in which the decision may be challenged in the High Court. This process of legal challenge is known as Judicial Review.
4.0 Financial Implications
4.1 There are no financial implications associated with this report.
5.0 Legal Implications
5.1 The details of the process required by the relevant legislation in dealing with a Nationally Significant Infrastructure Project are set out in Paragraph 3 of the report.
5.2 This report and the presentation are an introduction to the likely proposals and an opportunity to obtain information. The Committee is not at this stage in a position to make decisions on those parts of the process in which the Council is able to make decisions. Members are reminded that the Ombudsman regards pre determination as a breach of the Code of Conduct.
FOR INFORMATION
Background Papers: The Planning Act 2008
Appendices: Appendix A – Site Plan.
Page 15 eppendix2e Page 16
gity282gounty2of2wnse Agenda Item 5
Report of the Head of Economic Regeneration & Planning
Development Management & Control Committee - 7 March 2013
Referral of Planning Application Ref: 2012/1473 From Area 2 Development Control Committee on 22 January 2013
WEOBLEY CASTLE FARM, LLANRHIDIAN, GOWER SWANSEA USE OF FIELD FOR TEMPORARY FOLK CAMP FOR A MAXIMUM OF 40 UNITS FROM 20TH JULY 2013 TO 16TH AUGUST 2013 (INCLUSIVE)
Purpose: To determine the application for the use of field for temporary folk camp for a maximum of 40 units from 20th July 2013 to 16th August 2013 (inclusive) Policy Framework: National and Local Planning Policies
Reason for Decision: Statutory responsibility of the Local Planning Authority
Consultation: Statutory consultations in accordance with planning regulations as set out in the planning application report contained in Appendix B
Recommendation(s): Refusal as set out in the report at Appendix B
Report Author: Ryan Thomas
Finance Officer: Not applicable
Legal Officer: Not applicable
1.0 Background
1.1 This application was reported to the Area 2 Development Control Committee on 22nd January 2013, with the recommendation that planning permission be refused for the following reasons:
1. The proposal would have a detrimental impact upon the visual amenities and the character and appearance of the area detracting from the natural beauty of this part of the AONB. The application therefore fails to accord with the requirements of Policies EC22, EV22 and EV26 of the Unitary Development Plan 2008.
2. Approval of this application would set an undesirable precedent for developments of a similar nature, the cumulative effect of which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB.
Page 17 1.2 A plan showing the location of the application site is attached as Appendix A and a copy of my report is attached at Appendix B.
1.3 Committee did not accept my recommendation but resolved to refer the application to Development Management and Control Committee for decision with a recommendation that planning permission is granted because the unique nature of the use and the associated economic and social benefits of the proposal are considered to outweigh the temporary visual impact of the proposal upon the character and appearance of the Gower AONB.
2.0 Planning Policy Issues
2.1 The overriding planning consideration and thrust of National Planning Guidance and Unitary Development Plan Policy is to conserve and enhance the character, appearance and natural beauty of the Gower AONB and ensure that new tourism and recreation development is consistent with this primary objective.
2.2 Whilst it is acknowledged that caravan rallies for a similar number of units and more have been taking place at Weobley Castle Farm for many years, these have been sited exclusively on fields 8753 and 7754. The current application, however, seeks planning permission for the use of a new field (2555) for camping purposes that is isolated from the main complex at Weobly Castle and located on the brow of a hill which would make the proposed units and associated marquee highly visible in the wider landscape.
2.3 The applicant has been advised to change the venue of the Folk Camp to one of the other previously used and permitted fields at Weobley Castle which are considered to be in less obtrusive locations. However, the applicant has been advised by the land owners that these fields are not available for the proposed dates.
2.4 The economic justification for the proposed development is acknowledged, however, in this instance the short term economic gains to the local economy would not, it is considered, justify the visual impact of the scheme at such a sensitive location within the Gower AONB.
3.0 Financial Implications
3.1 There are no financial implications associated with this report.
4.0 Legal Implications
4.1 There are no legal implications associated with this report.
5.0 Recommendation
5.1 It is recommended that:
(i) The application be refused for the reasons contained in my report to the Area 2 Development Control Committee on the 22nd January 2013.
Page 18
(ii) If however Committee resolves to approve the application in accordance with the recommendation of the Development Control Committee, it is recommended that planning permission is granted subject to the conditions set out in Appendix C.
BACKGROUND PAPERS
Local Government Act 1972 (Section 100) (As Amended)
The following documents were used in the preparation of this report: Application file, together with the files and documents referred to in the background information section of the appended Development Control committee report.
Appendices: Appendix A – Location Plan Appendix B – Committee Report Appendix C - Conditions
Contact Officer: Ryan Thomas Extension No.: 5733 Date of Production: 21st February 2013 Document Name: Weobly Castle Farm
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ITEM APPLICATION NO. 2012/1473 WARD: Gower Area 2
Location: Field 2255 Weobley Castle Farm Llanrhidian Swansea SA3 1HB Proposal: Use of field for temporary folk camp for a maximum of 40 units from 20th July 2013 to 16th August 2013 (inclusive) Applicant: Folk Camp Society Ltd
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EC22 Control of camping and touring caravans on farms and storage of touring caravans. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
None
RESPONSE TO CONSULTATIONS
The application was advertised on site. No response.
Highways Observations – No highway objection
APPLICANT’S STATEMENT
The field to be used has a hard track from the entrance along the top edge of the field. This will enable access from delivery and collection vehicles without causing damage to the infrastructure. The size of the field will enable sufficient spacing of the units to minimise the visual impact of the event. The field to be used has two water supplies which are essential for the operation of the event. The standard practice of Folk camps Society
Page 21 is to move its main summer camps to different locations within England and Wales each year.
ADDITIONAL STATEMENT
Re: Application 2012/1473 Folk Camps Society Field 2255, Weobley Castle Farm, Llanrhidian, Gower, SA3 1HB
The Folk Camps Society began in 1961 and was registered as an educational charity in 1968. Its primary object is “to preserve, for the benefit of the public, English (and other) folk music, dance and song, to make them known and to encourage the practice of them”. As its name implies, the Society achieves its object predominantly, but not solely, by organizing camps at which folk music and dance is the focus. Our members are very loyal and committed and the fourth generation of some original camper families are now attending camps. We often have three generations of a family at a camp.
We organize about 15 camps per year, mostly in the summer months and mostly family camps, ranging in length from a weekend to four weeks. All our camps are member-only pre-booked camps and we cap the number of places available at any camp. We do not accept anyone who has not pre-booked and paid.
At a marquee camp, life centres on a 2-pole traditional marquee where campers cook and eat communally and join in dance, song and instrument workshops. Every evening there is a social dance which includes a song and instrument session. We use acoustic, not amplified, instruments but we have a small PA-system with 3 microphones one for the caller and two to augment the band volume. The PA is switched off at 11 pm. We do not sell or supply alcoholic drinks but campers are welcome to provide their own.
We would like to hold a 4-week marquee camp on the Gower from 20 July to 16 August 2013. The number of campers is capped at 120 per week. Each week will have on average 40 individual booking groups which can have as many as perhaps 7 members but will average 3. To ensure sufficient older campers to carry out the daily tasks at the camp (cooking, washing dishes, preparing vegetables, marquee tidying & cleaning, rubbish recycling, toilet cleaning etc.) we control bookings to ensure that 60% of the campers are over 16. In practice, 50% of the campers are generally over 21. 80% of campers will use tents with the other 20% using caravans or campervans. This means that we will have about 8 caravans per week. The minimum booking period is one week and most groups will book for one or two weeks.
Based on last year’s figures we estimate that, over 4 weeks, the camp will bring almost £60,000 directly into the immediate local economy. The camp itself will spend £25,000 as follows:
Butchery, dairy, bakery, greengrocery £8,000 Grocery, cleaning materials, utensils £7,500 Bottled gas £1,700 Sewage & waste disposal, recycling £3,800 Field & equipment hire £2,500 Miscellaneous £1,500
We make a practice of sourcing all our requirements from local suppliers. The only two items for which we use non-local suppliers are the marquee and the toilets.
Page 22 We think it is a conservative estimate that individual spending will amount to £10 per camper per day. Again, we assume that most of this will be spent in the immediate local area. This will cover the usual tourist purchases such as petrol, parking, entrance charges to local attractions, ice-creams, sweets, newspapers, spending in pubs and cafés, wine and beer, maps, books, beachwear, beach equipment etc. etc. This comes to £33,600 over the 4 weeks, giving a total local spend of £58,600.
On the Thursday evening of each week it is our custom to welcome local people to join in with our dancing and singing. One man from whom we had hired a field came on each Thursday with a different song every time and danced every dance! Every year we receive an excellent reference from the landowner and most say that they would be very happy to host us again whenever we wanted.
We are very conscientious campers and take our responsibilities seriously. We recycle as much as we can, making an agreement with the local council where possible. Our activities are not significantly noisy but we respect the peace of any neighbours we may have. We take pride in leaving a field completely litter-free.
Apparently, the concern of the planning officer is the visual impact of our camp, in particular the marquee. Certainly the tents which 80% of the campers will use are generally of a conventional, lightweight kind, not particularly high and made in subdued colours. Our members seem to have very few trailer tents, frame tents or large tents. It is quite unlikely that we will have more than 8 caravans in any week and the caravans favoured by our members tend to be on the small side.
The type of marquee we always use is the traditional two pole marquee which we think has a lot of visual character. It is a pleasing-looking structure, the sort you would find set up on the green for the village fete. We have been investigating various ways to mitigate the visual impact of the marquee, including talking to the Army about camouflage netting and we are also in discussions with our marquee supplier.
The planning officer did suggest that we might approach the landowner about two other of his fields which have been granted planning permission for camping. We did so but unfortunately we cannot use them. One will have 700 salt-marsh sheep driven over it several times during the period of our camp because of tidal considerations. The other is used for casual letting to touring caravans and it is not permitted to mix fixed camps with touring caravans. In any event, for various reasons, mainly security, we require exclusive use.
APPRAISAL
This application is called to Committee for decision at the request of Councillor Richard Lewis as it lies within the AONB and to consider various queries from residents.
Temporary planning permission is sought for the use of field 2555, Weobley Castle Farm, Llanrhidian for a temporary folk camp for 40 units from 20th July to 16th August 2013 (inclusive). The Folk Camp is held each year in a different location around the UK and as such is a one-off event for this year. The proposal also includes the erection of a large marquee and portaloos within the field to support the event. The units will be a mixture of tents, caravans and motor homes.
The main issue for consideration in this instance is the impact of the proposal on the character and appearance of the area, having regard to the City and County of Swansea
Page 23 Unitary Development Plan (November 2008). It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.
The primary objective of the AONB designation continues to be the conservation and enhancement of the natural beauty of the surrounding countryside. National planning policy clearly states that AONBs and National Parks are of equal status in terms of landscape and scenic beauty and must be afforded the highest status of protection from inappropriate development.
Policy EC22 states that permissions for camping and up to 5 touring caravans on farms for temporary periods and camping/caravan rallies will be conditioned to minimize significant impacts on the environment, road network and utilities.
Policy EV26 states that within the Gower AONB, the primary objective is the conservation and enhancement of the areas natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted.
Policy EV22 states that the countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural, environment and agricultural recreation value through the control of development and practical management and improvement measures.
Furthermore, it has to be acknowledged that the overriding planning consideration and general thrust of development plan policy is aimed at protecting the character, appearance and natural beauty of the Gower AONB and ensuring that new tourism and recreation development is consistent with this primary objective.
Whilst it is acknowledged that caravan rallies for the same number of units and more have been taking place at Weobley Castle Farm for many years, these have been sited on fields 8753 and 5 caravans sited on field 7754, the current application for a new field no. 2555. Whilst the number of units and the time scale for the camp is in principle not considered unacceptable, the field proposed is not. The field is sited a distance away from Weobley Castle itself and on the brow of a hill which would makes the units and marquee highly visible in the wider landscape.
The applicant has been advised to change the venue of the Folk Camp to one of the other previously used and permitted fields at Weobley Castle which are considered to be in less obtrusive locations. However, the applicant has been advised by the land owners that these fields are not available for the proposed dates.
The economic justification for the proposed development submitted in the applicant’s supporting statement is acknowledged, however, in this instance the short term economic gains to the local economy would not, it is considered, in this instance justify the visual impact of the scheme at such a sensitive location within the Gower AONB.
The Head of Transportation and Engineering raises no highway objection.
In conclusion therefore whilst the number of units and duration of the rally is not in itself unacceptable, and would have no unacceptable highway safety implications, the visual impact of the units and associated paraphernalia is considered to have an unacceptable impact upon the character and appearance of the Gower AONB such that a recommendation of refusal is considered warranted in this instance. The proposal is
Page 24 therefore considered to be contrary to the overall requirements of Policies EC22, EV22 and EV26 of the Unitary Development Plan 2008.
RECOMMENDATION
REFUSE, for the following reasons:
1 The proposal would have a detrimental impact upon the visual amenities and the character and appearance of the area detracting from the natural beauty of this part of the AONB. The application therefore fails to accord with the requirements of Policies EC22, EV22 and EV26 of the Unitary Development Plan 2008.
2 Approval of this application would set an undesirable precedent for developments of a similar nature, the cumulative effect of which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EC22, EV22, EV26
PLANS
Site location plan received 9th November 2012
Page 25 APPENDIX C
This permission is granted for the following dates only 20th July 2013 to 16th August 2013 (inclusive) and is without prejudice to any application that may be received in the future either from the applicants or in respect of this site.
Reason: In order that the Local Planning Authority may review the situation and in order to achieve a satisfactory form and pattern of development in accordance with the intentions of the Article 4 Direction.
Page 26 Agenda Item 6
Report of the Head of Economic Regeneration & Planning
Development Management & Control Committee – 7 March 2013
Referral of Planning Application Ref: 2012/1506 From Area 2 Development Control Committee on 22 January 2013
FIELD 1627, PHILLISTONE FARM, LLANMADOC, SWANSEA CHANGE OF USE FROM AGRICULTURAL LAND TO CAMP SITE FOR 5 TOURING CARAVANS
Purpose: To determine the application for the change of use from agricultural land to camp site for 5 touring caravans
Policy Framework: National and Local Planning Policies
Reason for Decision: Statutory responsibility of the Local Planning Authority
Consultation: Statutory consultations in accordance with planning regulations as set out in the planning application report contained in Appendix B
Recommendation(s): Refused as set out in the report
Report Author: Ryan Thomas
Finance Officer: Not applicable
Legal Officer: Not applicable
1.0 Background
1.1 This application was reported to the Area 2 Development Control Committee on 22nd January 2013, with the recommendation that planning permission be refused for the following reasons:
1. The proposal will lead to additional traffic movements by additional touring caravans which cannot be satisfactorily accommodated on the sub- standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety and contrary to the provision of Policies EC17, EC22, EV22 and EV26 of the Unitary Development Plan 2008.
2. The proposed development would represent a form of development at this sensitive location within the open countryside, which would have a seriously detrimental impact on the character, appearance and natural beauty of the Gower AONB. The proposal therefore fails to accord with Policies EC17, EC22, EV22 and EV26 of the Unitary Development Plan 2008.
Page 27 3. Approval of this application would set an undesirable precedent for developments of a similar nature, the cumulative effect of which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB.
1.2 A plan showing the location of the application site is attached as Appendix A and a copy of my report is attached as Appendix B.
1.3 Committee did not accept my recommendation but resolved to refer the application to Development Management and Control Committee for decision with a recommendation that planning permission is granted because the proposal is considered to be in keeping with UDP Policy which seeks to encourage small scale developments of this nature on farms.
2.0 Planning Policy Issues
2.1 The overriding planning consideration and thrust of National Planning Guidance and Unitary Development Plan Policy is to conserve and enhance the character, appearance and natural beauty of the Gower AONB and ensure that new tourism and recreation development is consistent with this primary objective. In this respect Policies EV22 and EV26 of the Unitary Development Plan seek to protect the landscape of the Gower AONB for its own sake and to preserve it for future generations, with particular emphasis on preserving its natural beauty.
2.2 Policy EC22 states that planning permissions for up to 5 touring caravans on farms for temporary periods will be conditioned to minimise significant impacts on the environment, road network and utilities.
2.3 Taking into account the surrounding existing established camping park at Llanmadoc Camping Site, Whitford Bay Caravan Park and the 5 caravan site at Orchard Park Farm the cumulative impact of another field being used as a touring caravan site, would, it is considered, represent a further harmful visual intrusion into the countryside and be detrimental to the visual amenities and rural character of the landscape by virtue of its sensitive location.
2.4 Whilst the area would not be highly visible from the adjacent highway, it would be visible from wider views. In addition, the proposal does not add anything different to the tourism portfolio of the area and has not been justified as part of a farm diversification scheme. Furthermore, if permitted the proposal would, it is considered, also set an undesirable precedent for further development of a similar nature at this and other surrounding locations.
2.5 In addition following the receipt of advice from the Head of Transportation and Engineering it is considered that the proposal will lead to additional traffic movements by touring caravans which cannot be satisfactorily accommodated on the sub-standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.
3.0 Financial Implications
3.1 There are no financial implications associated with this report.
Page 28 4.0 Legal Implications
4.1 There are no legal implications associated with this report.
5.0 Recommendation
5.1 It is recommended that:
(i) The application be refused for the reasons contained in my report to the Area 2 Development Control Committee on the 22nd January 2013.
(ii) If however Committee resolves to approve the application in accordance with the recommendation of the Development Control Committee, it is recommended that planning permission is granted subject to the conditions set out in Appendix C.
BACKGROUND PAPERS
Local Government Act 1972 (Section 100) (As Amended)
The following documents were used in the preparation of this report: Application file, together with the files and documents referred to in the background information section of the appended Development Control committee report.
Appendices: Appendix A – Location Plan Appendix B – Committee Report Appendix C – Conditions
Contact Officer: Ryan Thomas Extension No.: 5733 Date of Production: 21st February 2013 Document Name: Phillistone Farm
Page 29 x
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Page 30 ©2grown2gopyright2nd2dtse2right2PHIP
yrdnne2urvey2IHHHPQSHW wnseD2eQ2Ihi APPENDIX B
ITEM APPLICATION NO. 2012/1506 WARD: Gower Area 2
Location: Field 1627 Phillistone Farm Llanmadoc Swansea SA3 1DE Proposal: Change of use from agricultural land to camp site for 5 touring caravans Applicant: Mr Robert Robinson
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EC22 Control of camping and touring caravans on farms and storage of touring caravans. (City & County of Swansea Unitary Development Plan 2008)
Policy EC17 Proposals for tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing pattern of development and/or their surroundings in terms of the nature of the proposal concerned will be permitted provided they comply with a specified list of criteria including standard of design, effect on landscape and nature conservation, effect of visitor pressure on sensitive locations, provide acceptable and safe access, would not cause a loss of best agricultural land. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 2001/1832 First floor side extension Decision: Grant Permission Conditional Decision Date: 07/01/2002
Page 31 98/0629 EXTENSION TO EXISTING HAY SHEDS (APPLICATION FOR THE PRIOR APPROVAL OF THE LOCAL PLANNING AUTHORITY) Decision: *HPANREQ - PRIOR APPROVAL NOT REQUIRED Decision Date: 22/05/1998
80/0735/03 SITING OF TOURING CARAVANS FOR 28 DAYS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/06/1980
RESPONSE TO CONSULTATIONS
The application was advertised on site. ONE LETTER OF OBJECTION has been received, which is summarised as follows:
1. The access along the lane is poor leading to congestion problems. 2. There is already an existing caravan site on the lane nearby which is underused. 3. No need for additional provision which will impact negatively upon the scenery on this side of Llanmadoc Hill.
The Gower Society - Comments as follows:
1. We are concerned that other applications such as this have ended up with the site being occupied by seasonal static caravans (the same 5 vans all of the year). This does nothing to meet the demand that existing for small genuine pitches on Gower. 2. It is our experience that sites such as this should be applied for under the rules imposed by the Caravan Club; this ensures that numbers, length of stay and length of season are rigidly controlled by the Club. This is in the best interests of tourists and Gower. 3. There is already a large static site opposite, an existing Caravan Club CL very close by and another caravan site at Lagadranta. There is also a camp site adjacent to Lagadranta. 4. The site is elevated and will be conspicuous in the landscape. 5. We ask that the site be screened and the same conditions applied as the Caravan Club imposes on its CL sites. We understand that the Caravan Club have lost at least three sited in the last couple of years and are actively looking for sites to replace these.
If you consider this for approval it is essential that landscape screening and strict conditions are imposed preventing static seasonal pitches from being created.
Llanmadoc, Llangennith and Cheriton Community Council – No objection.
Highway Observations - This proposal is to provide 5 touring caravans on the site. Consent has been granted previously on adjacent sites for touring caravan use.
Access to the site is through Llanmadoc where the roads are relatively narrow and clearly conflict between vehicles and vehicles and pedestrians can occur. Many sites within Gower provide caravan and camping facilities and access is predominantly along narrow country roads. Many of the caravan sites are allocated for static caravan use and therefore towed caravans are limited, generally to a few sites with better access and in smaller numbers. The consented touring caravan sites are also mostly allocated on an annual basis. Objections have previously been received from residents in the area who
Page 32 raise concerns that touring caravans using a local site (Lagadranta Farm 2008/0211 refers) have caused congestion when navigating the narrow lanes leading to the site. Clearly any additional touring caravans therefore have the potential to increase the instances of conflict leading to congestion, inconvenience and danger to other road users.
These factors were considered at an Inquiry into the mixed use, including touring caravans and campervans, at Greenways in Oxwich. The Inspector concluded that the narrow roads leading to the site were unsuitable to accommodate an increase in use by touring caravans (and campervans). The road leading to this site shares many of the characteristics found on the access road to Greenways, in that the road is narrow in places and winding with limited passing places that would allow a towed caravan to pass another. The road is also relatively long, being approximately 1 Km from Llanmadoc to the site. Two further caravan sites are located in the area run by the Caravan Club.
On balance, whilst recognising the applicant's wish to diversify and taking into consideration the relatively recent Greenways appeal decision together with past local objections raised regarding safety concerns, I consider that allowing touring caravans on this site should be avoided for highway safety reasons and in the interests of consistency, notwithstanding the smaller number of units proposed in this case.
Refusal is recommended on the grounds that the proposal will lead to additional traffic movements by touring caravans which cannot be satisfactorily accommodated on the sub- standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact upon the AONB.
Full planning permission is sought by the owner of Phillistone Farm, Llanmadoc for the change of use of Field 1627, to the north of the farm complex, for the siting of 5 touring caravans during the holiday season. No specific months are applied for but it is recognised that the holiday season for other similar sites are from Good Friday or 1st April (whichever is the earlier) to 31st October in any year.
An agricultural questionnaire submitted in support of the application indicates that the applicant is the freehold owner of approximately 6.5ha (16 acres) mainly for the production of hay for sale to local farmers with sheep on tack in season.
The main issues for consideration in this instance are the impact of the proposal on the character and appearance of the area and highway safety having regard to prevailing Unitary Development Plan policies. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.
Within the Gower AONB the primary objective of this designation is the preservation of the natural beauty of the area. This is further underlined by National planning policy guidance, Planning Policy Wales 2002, which emphasises that development control decisions affecting the AONB should respect this primary objective and favour the conservation of natural beauty and protect the character and appearance of the AONB from inappropriate development.
Page 33 In line with this guidance, the following policies of the extant Swansea Unitary Development Plan apply. Policies EV1 and EV2 seek to ensure high quality development that protects the natural heritage of the area and Policies EV22 and EV26 of the Unitary Development Plan primarily seek to protect the landscape of the Gower AONB for its own sake and to preserve it for future generations, with particular emphasis on preserving its natural beauty.
Policy EC17 of the Unitary Development Plan 2008 refers to rural tourism and ensures that new tourism and recreation development is consistent with the primary objective of preserving the AONB. It states that tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing pattern of development and/or their surroundings in terms of the nature of the proposal concerned will be permitted provided they:-
i. are in keeping with the scale and character of the surrounding area ii. do not have significant adverse effects on landscape or nature conservation interests iii. do not create a significantly harmful level of visitor pressure at sensitive locations iv. can provide safe access for a variety of modes of transport without harming the character of adjacent lanes v. and when located on a farm would not lead to the loss of the best and most versatile agricultural land.
Policy EC22 states that planning permissions for up to 5 touring caravans on farms for temporary periods will be conditioned to minimise significant impacts on the environment, road network and utilities.
Taking into account the surrounding existing established camping park at Llanmadoc Camping Site, Whitford Bay Caravan Park and the 5 caravan site at Orchard Park Farm the cumulative impact of another field being used as a touring caravan site, would, it is considered, represent a further harmful visual intrusion into the countryside and be detrimental to the visual amenities and rural character of the landscape by virtue of its sensitive location. Whilst the area would not be highly visible from the adjacent highway, it would be visible from wider views. In addition, the proposal does not add anything different to the tourism portfolio of the area and has not been justified as part of a farm diversification scheme. Furthermore, if permitted the proposal would, it is considered, set an undesirable precedent for further development of a similar nature at this and other surrounding locations.
An Enforcement appeal for Greenway Leisure Park in March 2009 was dismissed where the Inspector concluded that the narrow roads leading to the site were unsuitable to accommodate an increase in use by touring caravans (and campervans). The road leading to Phillistone Farm shares many of the characteristics found on the access road to Greenways, in that the road is narrow in places and winding with limited passing places that would allow a towed caravan to pass another. The Head of Transportation and Engineering has therefore recommended refusal of the scheme on grounds that the proposal will lead to additional traffic movements by touring caravans which cannot be satisfactorily accommodated on the sub-standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.
It should also be noted that a planning application for an additional 15 touring caravans at Lagadranta Farm – 2008/0211 refers, which is sited to the east of the application site and shares the same access lane was refused in August 2008 for the following reasons:
Page 34
1. The proposed development would represent an unjustified form of development at this sensitive location within the open countryside, which would have a seriously detrimental impact on the character, appearance and natural beauty of the Gower AONB. The proposal therefore fails to accord with Policies EC21, EV22 and EV26 of the Unitary Development Plan 2008.
2. The proposal will lead to additional traffic movements by additional touring caravans which cannot be satisfactorily accommodated on the sub-standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety and contrary to the provision of Policies EC21, EV22 and EV26 of the Unitary Development Plan 2008. 3. Approval of this application would set an undesirable precedent for developments of a similar nature, the cumulative effect of which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB.
Whilst it is acknowledged that the amount of caravans for this application is lesser than the 15 applied for at Lagadranta Farm, the cumulative impact of additional caravans on this narrow and restricted road raises the same highway concerns.
With regards to the objections letters received, which refer mainly to the visual impact of the proposal together with highway safety concerns, these issued have been addressed above in the main body of the report.
In conclusion therefore, and having regard to all material considerations, the proposal constitutes a form of development at this sensitive location within the open countryside, which would have a detrimental impact on the character, appearance and natural beauty of this part of the Gower AONB, together with an adverse impact upon highway safety. It is considered that there are no material considerations which would outweigh the provisions of the Development Plan and that approval of this application could establish an undesirable precedent for applications of a similar nature the cumulative effect of which would be a serious erosion in the character, appearance and natural beauty of the Gower AONB. Refusal is therefore recommended.
RECOMMENDATION:
REFUSE, for the following reasons:
1 The proposal will lead to additional traffic movements by additional touring caravans which cannot be satisfactorily accommodated on the sub-standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety and contrary to the provision of Policies EC17, EC22, EV22 and EV26 of the Unitary Development Plan 2008.
2 The proposed development would represent a form of development at this sensitive location within the open countryside, which would have a seriously detrimental impact on the character, appearance and natural beauty of the Gower AONB. The proposal therefore fails to accord with Policies EC17, EC22, EV22 and EV26 of the Unitary Development Plan 2008.
3 Approval of this application would set an undesirable precedent for developments
Page 35 of a similar nature, the cumulative effect of which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV22, EV26, EC22
PLANS
Site location plan received 27th November 2012
Page 36 APPENDIX C
Condition 01 - This permission relates to the siting of a maximum of 5 touring caravans from Good Friday or 1st April (whichever is the earlier) to the 31st October during the 2013 and 2014 Season(s).
Reason: To enable the Local Planning Authority to review the situation at the end of that period.
Condition 02 – The land owners shall maintain a daily record of caravans sited on this land, such records to be open for inspection by the Local Planning Authority at any time and maintained as a permanent record for such purpose.
Reason - To ensure the proper monitoring of the use.
Page 37 Agenda Item 7
Report of the Head of Economic Regeneration & Planning
Development Management & Control Committee - 7 March 2013
Referral of Planning Application Ref: 2012/1505 From Area 2 Development Control Committee on 22 January 2013
LITTLE BRYN GWYN FARM, CILLIBION, NR LLANRHIDIAN, GOWER SWANSEA NEW RESIDENTIAL CENTRE, TRAINING CENTRE OUTSIDE TOILET/SHOWER, DE-KIT & WASTE RECYCLING BUILDING, ERECTION OF FOUR BARNS/OUTBUILDINGS, REPLACEMENT TIMBER BRIDGE, TWO POLYTUNNELS, CAR PARKING AREA AND PROVISION OF FOOTPATHS AND TURNING AREA
Purpose: To determine the application for a new residential centre, training centre outside toilet/shower, de-kit & waste recycling building, erection of four barns/outbuildings, replacement timber bridge, two polytunnels, car parking area and provision of footpaths and turning area. Policy Framework: National and Local Planning Policies
Reason for Decision: Statutory responsibility of the Local Planning Authority
Consultation: Statutory consultations in accordance with planning regulations as set out in the planning application report contained in Appendix B
Recommendation(s): Approve as set out in the report at Appendix B
Report Author: Ryan Thomas
Finance Officer: Not applicable
Legal Officer: Not applicable
1.0 Background
1.1 This application was reported to Area 2 Development Control Committee on the 22nd January 2013, with the recommendation that planning permission should be granted, subject to conditions, as the proposal was an acceptable departure from the provisions of the Development Plan, and the Committee resolved to accept the recommendation.
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1.2 A plan showing the location of the application site is attached at Appendix A, and a copy of my report to the Area 2 Development Control Committee on the 4th December 2012 attached at Appendix B.
1.3 The report was updated to include comments from Dwr Cymru/Welsh Water who raised no objections to the proposal, to amend the wording of Conditions 2 and 3, and to add an additional condition to require the submission and agreement of details for the surfacing of proposed walkway spine, turning circle, access track and car parking area.
2.0 Planning Policy Issues
2.1 With regard the acceptability, in principle, of this form of development at this location, it is acknowledged that the proposal would result in the introduction of a mixed use residential/educational/agricultural venture at a site which is located in the heart of the Gower AONB and wider countryside where development is strictly controlled and where Policies EV20 and EV26 seek to conserve and enhance the character and appearance of the area.
2.2 Policy EC13 restricts development which would result in the loss of the best and most versatile agricultural land. In this instance, however, the land is relatively poor (Grade 4 and Grade 5) and the proposal will involve its drainage, cultivation and improvement and result in the introduction of an agricultural/educational centre which would, in principle, represent a compatible use which would complement the agricultural character of the area. As such the proposal is considered to broadly comply with the provisions of Policy EC13 of the Swansea UDP.
2.3 Given that the site has been used as a residential centre for a number of years, the principle of a replacement residential centre within the curtilage of the existing building is also considered acceptable in principle. Furthermore the introduction of agricultural buildings to serve the holding would also be supported in policy terms as are other uses within the curtilage of the centre.
2.4 Notwithstanding this, whilst there are certain elements of the scheme which are regarded as acceptable in principle cumulatively, there are no specific policies within the Unitary Development Plan which would fully justify the proposal in clear policy terms.
2.5 Policy EV21 of the Swansea UDP, however, supports non residential development which is beneficial to the rural economy or rural employment, or meets an overriding social or economic needs of the local community. In this respect the proposed scheme clearly has significant social and economic benefits and would look to employ approximately 20 people, offer a modern sustainable tourist destination, educational training for disadvantaged children and continue sustainable farming methods. Capital investment will initially be grant funding with £500,000 secured from the Big Lottery Fund and an additional £200,000 from other grant funding to be spent during Phase 1 (2013-2016). This will involve the installation of the sewerage treatment plant, access tracks and car park, upgrade electricity supply, construction of training centre and agricultural equipment barn (Barn 9), toilet/shower block (2) and barn for utilities, equipment and workshop (3), commence agricultural training programmes and construct polytunnels. Page 39 Phase 2 will run between 2017 and 2020 and result in an additional £2,000,000 being spent constructing the residential centre, barns 15 and 16 and adventure playground. It is envisaged that the annual income from the centre would be between £500k and £700k, with profits being re-invested in the centre.
2.6 The centre will be run in combination with the Valley Kids and Down to Earth Project. The proposal will involve a mixed venture which will provide Community Development Work, Play Work, Youth Work, Residential experiences, arts work, promoting healthy living and community support. The venture would specialise in Social Inclusion through practical sustainability and personal development. The centre will work with a wide range of groups across South Wales including both disadvantaged adults and children, local schools, tourists and professionals and as such will clearly provide a social benefit to the locality and the wider area.
2.7 In addition it should be acknowledged that there has been a material change in planning circumstances since the adoption of the Swansea Unitary Development Plan 2008 under the recently adopted Planning Policy Wales 2012 which under paragraph 7.2.2 recognises that there will be exceptions where economic benefits will outweigh social and environmental considerations.
2.8 The proposals are regarded as acceptable in all other respects and would, for the reasons detailed in my report to Area 2 Committee on 22nd January 2013 (attached as Appendix B), conserve the character and appearance of the Gower AONB and wider countryside of which it forms a part. In view of the above considerations, therefore, and the clear social and economic benefits which would accrue from the proposal it is considered that the development represents an acceptable Departure from the Provisions of the Development Plan.
3.0 Financial Implications
3.1 There are no financial implications associated with this report.
4.0 Legal Implications
4.1 There are no legal implications associated with this report.
5.0 Recommendation
5.1 It is recommended that:
(i) The application is approved as a Departure from the Development Plan subject to the conditions set out in Appendix B as amended below:.
Amend Condition 2 as follows: No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site, including the retention and enhancement of the existing perimeter boundary hedges. The landscaping scheme shall….”
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Amend Condition 3 as follows: Notwithstanding the submitted plans samples of external finishes, including the colour of the lime render, shall be submitted to and approved in writing….
Add Condition 16: Notwithstanding the submitted plans details for the surfacing of the walkway spine, turning circle, access track and car parking area shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be completed and maintained in accordance with the approval details unless otherwise agreed in writing by the local planning Authority. Reason: To protect the character and appearance of the Gower AONB
BACKGROUND PAPERS
Local Government Act 1972 (Section 100) (As Amended)
The following documents were used in the preparation of this report: Application file, together with the files and documents referred to in the background information section of the appended Development Control committee report.
Appendices: Appendix A – Location Plan Appendix B – Committee Report
Contact Officer: Ryan Thomas Extension No.: 5733 Date of Production: 21st February 2013 Document Name: Little Bryn Gwyn Farm
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ITEM APPLICATION NO. 2012/1505 WARD:
Location: Little Bryn Gwyn Farm Cillibion Nr Llanrhidian Gower Swansea SA3 1EB Proposal: New residential centre, training centre outside toilet/shower, de-kit & waste recycling building, erection of four barns/outbuildings, replacement timber bridge, two polytunnels car parking area & provision of footpaths and turning area. Applicant:
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV40 Development proposals will not be permitted that would cause or result in significant harm to health, local amenity, natural heritage, the historic environment or landscape character because of significant levels of air, noise or light pollution. (City & County of Swansea Unitary Development Plan 2008)
Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EV21 In the countryside non-residential development will only be permitted where it can be demonstrated that it is beneficial for the rural economy, or it meets overriding social or economic local needs, or it is appropriate
Page 43 development associated with farm diversification, sustainable tourism or nature conservation, or it provides an acceptable economic use for brown field land or existing buildings, or it is essential for communications, other utility services, minerals or renewable energy generation. (City & County of Swansea Unitary Development Plan 2008)
Policy EC17 Proposals for tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing pattern of development and/or their surroundings in terms of the nature of the proposal concerned will be permitted provided they comply with a specified list of criteria including standard of design, effect on landscape and nature conservation, effect of visitor pressure on sensitive locations, provide acceptable and safe access, would not cause a loss of best agricultural land. (City & County of Swansea Unitary Development Plan 2008)
Policy EC13 Development that would result in the loss of the best and most versatile agricultural land will not normally be permitted. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 79/1792/03 ALTERATIONS AND ADDITIONS TO HOME Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 31/01/1980
78/0546/03 NEW STEEL FIRE ESCAPE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/06/1978
76/1559/03 NEW TOILET ACCOMMODATION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 24/02/1977
74/0867/03 SITING OF CARAVAN Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 28/11/1974
76/0047/03 TWO CARAVANS ON SITE TO SERVE AS OVERNIGHT ACCOMMODATION FOR OCCASIONAL VICITORS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/04/1976
2006/0890 One freestanding non-illuminated lectern style information panel Decision: Grant Advertisement Consent (C) Decision Date: 13/06/2006
RESPONSE TO CONSULTATIONS
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Neighbours: The application was advertised on site in the form of a site notice and in the press as a departure from the provisions of the development plan. No letters of response were received.
Dwr Cymru/Welsh Water: No objection.
The Gower Society: The Gower Society has examined this application and visited the site with the applicant in order to assess its impact on the AONB. We have the following comments to make:
1. This is a large and expensive development in the core of the AONB. 2. If it were not by a charity with a commendable purpose, we might be taking a different stance on this development. 3. This existing property on the site is partly concealed by a belt of trees; it is imperative that these both remain and indeed added to in order to screen the additional buildings that are to be erected. It would also provide invaluable wind protection for the site. No hedge-laying should take place on this boundary. 4. We must ask the question what will happen if the charity were to cease to exist? What will happen to the site? In our opinion (if permission were to be granted) the site should always be used for educational purposes. It should never be allowed to be developed as a purely commercial interest. 5. We are concerned about the viability of the site due to its extreme wetness. It would appear that considerable drainage will have to be carried out in order to manage the land and construct the buildings as are proposed. Two of our members (a chartered Civil Engineer and a Chartered Surveyor) looked at the site with the applicant and expressed this view to him. 6. If the CCS were minded to approve this application, we ask that consideration be given to imposing strict conditions relating to any future use of the property. If in the event of the charity ‘folding’ or selling the site, that the land be returned as near as is possible to its original state.
We ask that you consider the above points that we have raised when making your assessment of this application. We do have reservations but if completed it could prove to be an admirable project.
Edwina Hart AM: I have been contacted by Mark McKenna of the Down to Earth Project regarding this planning application. Down to Earth is a not for profit education organisation which specialises in working with disadvantaged groups through the outdoors. I am informed that the buildings will be exemplar zero carbon, sustainable buildings designed to be heated from the sun and all to be built by the disadvantaged groups on accredited programmes.
I am aware that this is a large development within the AONB and may cause some issues, but it is a very worthwhile project which I am happy to endorse. It may be that if there are obstacles to overcome in the planning process because of the position of the site within the AONB then the LPA might consider attaching suitable conditions in order to mitigate matters.
Countryside Council for Wales: CCW has no objection in principle, but details about the proposal still need confirming in writing before consent is issued. In discharging its functions under section 130 of the Environmental Protection Act 1990, the Countryside Council for Wales champions the environment and landscapes of Wales and its coastal
Page 45 waters as sources of natural and cultural riches, as a foundation for economic and social activity, as a place for leisure and learning opportunities. We aim to make the environment a valued part of everyone’s life in Wales.
Gower Commons SAC / Cefn Bryn SSSI
We note that the site is adjacent to the Gower Commons Special Area of Conservation (SAC) and the Cefn Bryn Common Site of Special Scientific interest.
European Protected Species (Bats)
We welcome the submission of the bat survey report and note that maternity roosts of soprano pipistrelles and brown long-eared species of bats were recorded from the main building/house. The survey report referred to is: ‘Little Bryngwyn, Cillibion, Gower: Bat Survey August-September 2012’ dated October 2012 by Rob Colley Associates. We note under the current proposals that this building is earmarked for demolition and is to be replaced with the construction of several new buildings.
As you are aware, all British bats and their roosts are protected by The Conservation of Habitats and Species Regulations 2010 (amended) and the Wildlife and Countryside Act 1981 (as amended). Where a European Protected Species is present and its protection is likely to be contravened, development may only proceed under a licence issued by the Welsh Assembly Government (WAG), where the three requirements set out in the legislation have been satisfied. One of these states that the action authorised will ‘not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status (FCS) in their natural range.’
These requirements are translated into planning policy through Planning Policy Wales (PPW) February 2011, sections 5.5.11 and 5.5.12, and Technical Advice Note (TAN) 5, Nature Conservation and Planning September 2009. The planning authority should take them into account when considering development proposals where a European protected species is present.
CCW advice on European Protected Species
We note and welcome the submission of a mitigation/method statement, entitled: ‘Little Bryngwyn, Cillibion, Gower: Bat Roost Mitigation/Method Statement’ dated October 2012 by Rob Colley Associates which outlines the mitigation to be provided. We are aware, however, that this is proposed as a multi-year project and, therefore, exact timings of the phasing of the development are not possible at this stage. We note, however, that the demolition/replacement of the existing building which contains the bat roost is provisionally scheduled for years four/five of the project and, alternative/compensatory roost opportunities at three new builds, are to be provided during years one to four of the project. We advise therefore that prior to determination and in order for your Authority to be able to determine the impact of the proposals on the favourable conservation status of bats at this site, further detailed information on the mitigation to be provided, is required. We advise, therefore, that information is sought from the applicant, to include:
Revised architectural drawings (notably 224.14 and 224.15), annotated with the mitigation to be provided. This will need to include the location, number and size of any bat access points; the location, dimensions and cubic volume of any loft voids to be given over to bats. The annotated architectural drawings need to refer back to the Bat Roost
Page 46 Mitigation/Method Statement and likewise the Bat Roost Mitigation/Method Statement should refer to the annotated architectural drawings (224.14 and 224.15).
If appropriate, a vegetation planting scheme, to facilitate uptake of the new roosts via dark vegetated flight corridors.
A site lighting plan illustrating that bat access points will not be illuminated by the proposals.
On receipt of the information requested above, we will be happy to review our position.
Gower AONB / Landscape
As the proposal is within Gower Area of Outstanding Natural Beauty (AONB), we remind you of your Authority’s duty under Section 85 of the Countryside and Rights of Way Act 2000 which requires public bodies to have regard to the purposes of conserving and enhancing the natural beauty of the AONB. The statutory purposes of Areas of Outstanding Natural Beauty are conservation and enhancement of natural beauty. CCW is pleased to note that the ‘Little Bryngwyn: Design and Access Statement for Planning Permission’ by Down to Earth makes reference to your authority’s AONB Design Guidance
We also recommend that supplementary planning guidance entitled; ‘Lighting Scheme Guidance for Gower AONB’ should be considered and that you consult your AONB Team with regard to the proposal.
Drainage/Sewerage
CCW note from the Little Bryngwyn: Design and Access Statement for Planning Permission’ by Down to Earth, that sewage treatment is proposed to be via an on-site ecological treatment plant. We recommend that the Environment Agency (EA) is consulted with regard to this proposal, which needs to ensure that there is no potential for nutrient enrichment or run-off that could affect the adjacent SAC and SSSI.
Please note, we have not considered possible effects on all species and habitats listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan and other local interests. To comply with your authority’s duty under section 40 of the NERC act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority’s internal ecological adviser and/or nature conservation organizations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership’s web site has guidance for assessing proposals that have implications for section 42 habitats and species (.
To conclude, details still need to be confirmed in writing. CCW would object to the issuing of consent for this proposal in the meantime.
Environment Agency: We wish to make the following comments:
1. Biodiversity
Page 47 We note that in support of the proposed development an Ecological Assessment, dated September 2012, has been undertaken. We note that the assessment refers to a number of watercourses within the site boundary, however, the submitted site plans only identify two watercourses. It is imperative that all watercourses that may be affected by the development are accurately identified and protected during all phases of the development.
We acknowledge that your Authority are minded to approve the application therefore we would offer no objection to the proposals subject to the inclusion of conditions.
2. Source Protection Zone/Surface Water Drainage
As your Authority may be aware the proposed site is located within the Parkmill Source Protection Zone 1 (SPZ1) where we carefully monitor development proposals of all types. We designate SPZs to identify the catchment areas of sources of potable water, that is high quality water supplies usable for human consumption, and show where they may be at particular risk from polluting activities on or below the land surface. As set out in the EA Groundwater Protection: Principles and Practice 2012 document, which is available on their website at where infiltration SUDS are proposed for anything other than clean roof drainage in a SPZ1 we will require a risk assessment to demonstrate that pollution of groundwater would not occur. As such, to ensure that a satisfactory form of surface water drainage is implemented we would request conditions are included within any permission granted.
3. Foul Drainage
From our records foul sewage from the existing property is currently disposed of via a septic tank which discharges to land. However, the applicant has applied for and been granted a variation on their permit which now allows for a discharge to an adjacent stream from a package treatment plant. As the site is located within a SPZ1 for potable water and as no connection to the public sewerage network is feasible, this method of disposal preferable. The variation takes affect from the 1st March 2013 and should provide betterment in relation to the existing system. As such we would offer no objection to the proposed method of foul sewage disposal.
4. Pollution Prevention and Waste Management
As highlighted above there are a number of watercourses within the vicinity of the site and as such we would expect appropriate pollution control measures to be implemented during both the construction and operational phases of the development to ensure the integrity of controlled waters (surface and groundwaters). We would therefore request that a condition is included within any permission granted.
It is also noted from the application details that the surface water from part of the site is being discharged directly to the watercourse. It is recommended that good agricultural practices are followed to ensure that water is not drained from dirty area of the farm. The EA would refer the applicant to the Code of Good Agricultural Practice which is available through the following link:
Hhtp://wales.gov.uk/topics/environmentcountryside/farmingandcountryside/farming/codes ofgoodagripractice/;jsessionid=DB3D4CAC20B7C90624AAC5FC7295EAc6?lang=en And Best Farming Practices: Profiting from a good environment, which is available from
Page 48 If there will be any storage of oils, fuels or chemicals as part of the development conditions would be applicable.
5. Water Resources
The developer should also be made aware that under the terms of the Water Resources Act 1991, an impounding License may be required from the Environment Agency for the impounding of any watercourse, ditch or stream (e.g by dam, weir etc). This should be considered if the developer intends to alter or divert any existing watercourse during the construction phases. The developer should also be aware that they may need to apply for a license if they intend to alter any existing impoundments. For additional information in this regard we would recommend that the developer contact out National Permitting Team on 08708506506.
Highways: Proposals are for a new residential / training centre, the erection of 4 barns / outbuildings, two polytunnels, car parking and provison of footpaths. Little Bryngwyn is a 6 acre small holding with an existing residential centre and bunkhouse which is in need of upgrading. The intention is to redevelop the entire site, including demolishing the existing building and replacing it with a residential centre, agricultural outbuildings and an agricultural training centre for the training and enjoyment of disadvantaged young people. The site is screened from the main highway and is accessed via an established private track which affords excellent visibility onto the adopted highway. A total of 10 parking spaces has been proposed in addition to agricultural trailer parking facilities. It is expected that residents will be arriving by minibus in the main. Parking provision has been based on the requirements for Higher Education Establishments and this is adequate for the number of visitors and staff members. There are no highway objections.
APPRAISAL
This application is reported to Committee as a Departure from the provisions of the Development Plan and at the request of Councillor Richard Lewis due to its sensitive location within the Gower AONB.
Description
Full planning permission is sought for a new residential centre, training centre, outside toilet/shower, de-kit and waste recycling building, erection of four barns/outbuildings, two polytunnels, replacement timber bridge, formulation of parking area and provision of footpaths and turning area at Little Bryn Gwyn Farm, Cilibion, Gower, Swansea. The site is set within approximately 6 acres, situated within both the countryside and Gower AONB and is clearly rural in character.
The Centre will be run as a partnership between Down to Earth Project and Valley Kids. The redevelopment will provide a residential education centre and working farm in order to provide learning opportunities for disadvantaged people in South Wales. They will have the opportunity to acquire skills in sustainable farming, sustainable building, personal development, heritage skills and outdoor pursuits. The aim is to provide a zero carbon development.
Background
The site from at least 1970 was historically used by Barnardo’s charity as a residential centre for disadvantaged children up until Valley Kids purchased the property in 2004.
Page 49 Since 2001 Valley Kids have used the building to provide residential experiences for young people and provide respite holidays for families facing challenging circumstances.
Valley Kids is a charitable and voluntary community development organisation established in 1977 and currently providing a wide range of opportunities for disadvantaged children and adults in the Rhondda Valleys and South Wales.
The Down to Earth Project is a not for profit social enterprise which is based on Gower. It specialises in social inclusion through practical sustainability and personal development.
The proposed centre will offer a residential centre experience for learning about traditional land management skills and wider use of the outdoors for disadvantaged groups. Additionally activities and experiences will be offered to fee paying groups including tourists and professionals.
The proposed centre will offer the following activities:
Agricultural and land management skills:
• Rare breed animal husbandry. • Organic farming/horticulture. • Hedgelaying and dry stone walling. • Cleft oak fencing and low impact paths. • Woodland management. • Sustainable energy and waste management.
Food from the Centre – processing and cooking:
• Butchery of animals from centre. • Preserving produce from centre (meat/fruit/vegetables). • Cooking and baking centre produce. • Providing food for the kitchen at centre.
Traditional and sustainable building:
• Cob (earthen) construction. • Timber frame construction. • Clay and lime rendering. • Straw bale building. • Green woodwork.
Adventure activities on Gower:
• Tree climbing. • Rock climbing and abseiling. • Hill and coastal path walks (with heritage focus). • Kayaking and coracling. • Surfing. • Coasteering.
Page 50 The Centre will offer National Qualification Framework (NQF) recognised accreditation through the Agored Cymru (part of National Open College Network (NOCN) Approved Centre Status. Participants will gain a wide range of accreditations.
The Centre would provide the following groups with training and use of the residential facility:
• Adults from social services – with mental health and/or physical disabilities. • Adults from ABMU (NHS) – with mental health issues. • Adults from independent charities/trust – drug/alcohol support groups, mental health groups, asylum seeker/refugee groups. • Young people excluded from school – Pupil Referral Units, alternative curriculum programmes. • Young offenders. • Young people from Social Services – Young carers, young people in care. • Minority groups – Black Minority and ethnic, women only programmes.
The Centre also hopes to develop work with:
• Primary and secondary schools. • Professional training – dissemination of good practice and application to other educational settings. • Corporate groups – team building days. • Members of the public – tourists, day users. • Volunteers – from across Swansea.
The submission has a 10 year plan for the redevelopment of the site and the new buildings will be staggered to ensure the ongoing use of the site and to enable the participants to be actively involved in building the site. The proposal will involve 3 phases of development beginning in 2013 and completion sometime in 2022.
Summary of Proposed Buildings
The development will involve the building of the following structures:
1. Replacement Residential Centre: The existing building is a non-descript two storey building which has been unsympathetically extended over time and is of no particular architectural merit. The development will involve its replacement with a modern two storey building providing a reception/office, wet/disabled room, large dining/lounge/games room, kitchen and two accessible bedrooms at ground floor and staff room, two one bed bedrooms, four 3 bed bedrooms and 4 two bed bedrooms at 1st floor.
2. Toilet/Shower Block: The shower/toilet block will be sited to the south of the residential centre and will provide showering facilities for groups when doing outdoor activities. The building will measure 8m in length, 4.5m width and a ridge height of 4.1m. The building will incorporate timber cladding and a turf roof.
3. Barn for utilities, equipment and workshop: This building will provide accommodating for the biomass boiler, borehole treatment plant, laundry drying room, woodwork workshop and storing equipment. The building will incorporate a solar panelled roof and involve rainwater harvesting. The building will be constructed from timber boards and shakes woodshake roof. Page 51
4. Car Park: The parking area to the front of the existing building will be formulised providing parking for up to 8 cars and 2 mini buses. The surface will be constructed from permeable materials.
5. De-kit and waste recycling building – This building will be used for taking on and off wet weather clothing, whilst also providing drying space and room to contain recycling and waste storage. The building is elongated and will incorporate a mono- pitched roof measuring a maximum of 4.65m high, 9.6m in length and 2.81m in width.
6. Sensory Garden Area – This is within the curilage of the existing residence and based on the information provided would not require planning consent.
7. Animal Grazing Area – No planning permission required.
8. Training Centre – This building is a large semi-circular single storey construction which is of contemporary design. The building will be constructed from rammed earth or straw bale and lime rendered wall and a turf/sedum roof. The building will provide a decked area, office, kitchen, store, toilets, cloak room and large circular teaching space.
9. Barn for agricultural equipment – This building will be used to store resources and equipment for agricultural training. The building will incorporate timber clad walls, timber windows and the roof from turf and wood shakes. The building will also maximise its position for solar gain by incorporating solar panels. The building would measure 15m in length, 7m in width and a maximum height of 6.3m.
10. Sewage treatment plant, turning circle and agricultural trailer store – This turning area will be available for use for transporting livestock to the abattoir, access for sewage treatment plant vehicles etc. It will be constructed from crushed cockle shells and will involve no engineering operations to create.
11. Horticulture and polytunnels – The polytunnels will be sited to the southwestern part of the site and will be adjacent to the existing hedgerow which is to be retained. The polytunnels are minimal in size and will have a footprint of approximately 10m in length by 3.5m in width and incorporate a curved roof and maximum ridge height of 2.2m. The food grown will be used in the residential centre.
12. Footpaths – The footpaths will be constructed from crushed cockle shells and will involve no engineering operations. The paths will are vital in order to navigate the site as the enterprise will have no agricultural machinery and involve sustainable, organic farming.
13. Pond and watercourse – The creation of the ponds will involve no engineering operations and will help drain the site whilst also creating a habitat and a water source for animals.
14. Timber bridges – One of the timber bridges will replace an existing structure and the others passages over the created ponds.
Page 52 15. Barn – Barn 15 is identical in size and scale to barn No 9. This building will be used to store animal feed and house animals. The building will incorporate timber clad walls, timber windows and the roof from turf and wood shakes. The building will also maximise its position for solar gain by incorporating solar panels. The building would measure 15m in length, 7m in width and a maximum height of 6.3m.
16. Barn - Barn 16 is identical in size and scale to barn No 3 although it does not incorporate a bat loft. This building will be used to store animal feed and house animals. The building will incorporate timber clad walls, timber windows and the roof from turf and wood shakes. The building will also maximise its position for solar gain by incorporating solar panels. The building would measure 12m in length, 6m in width and a maximum height of 5.3m.
Main Issues
The main issues for consideration during the determination of this application relates to the principle of these forms of development at this rural location, the visual impact of the proposals upon the character and appearance of the area and the wider Gower AONB, the social and economic benefits of the proposal, the impact upon highway safety and the ecology of the site, having regard for the provisions of the Swansea Unitary Development Plan and Planning Policy Wales 2012. It is not considered that the Human Rights Act raise any additional issues.
It should be noted that the site is relatively isolated and there are no immediate neighbouring properties and as such the proposal will raise no issues relating to impact upon residential amenities.
Principle of Development
The proposal would result in the introduction of a mixed use residential/educational/agricultural venture at a site which is located in the heart of the Gower AONB and wider countryside. The proposal would result in the introduction of sporadic development within the countryside and as such the proposed development has been advertised as a departure from the provisions of the Swansea Unitary Development Plan as the scheme will result in the introduction of a form of development in the countryside which does not strictly accord with the provisions of the Swansea Unitary Development Plan (2008).
Whilst the existing residential centre is clearly a brownfield site within the countryside, the majority of the site is clearly agricultural. Policy EC13 restricts development which would result in the loss of the best most versatile agricultural land. This policy also states that development adjacent to agricultural land should be compatible with the continued beneficial use of the agricultural land and where necessary be sited, designed and landscaped to minimise any detrimental effect upon its efficiency and upkeep. The agricultural land is classified as Grade 4 and Grade 5 and as such is not classified as the most versatile land. Furthermore the proposal will involve the drainage and cultivation of the existing poor land and result in the introduction of an agricultural/educational centre which would in principle complement the character and appearance of the area and is compatible with the agricultural land. As such the proposal is considered to broadly comply with the provisions of Policy EC13 of the Swansea UDP.
Notwithstanding this there are certain elements of the scheme which are considered acceptable in principle, however cumulatively there are no policies within the Development
Page 53 Plan which would fully justify the proposal in clear policy terms. Given the site has been used as a residential centre for a number of years, the principle of a replacement residential centre within the curtilage of the existing building would be considered acceptable in principle. Furthermore the introduction of agricultural buildings to serve the holding would also be supported in policy terms and other uses within curtilage of the dwelling. The policy issues arise, however, where development is proposed in the adjoining agricultural fields without clear justification.
Policy EV21 of the Swansea UDP supports non residential development which is beneficial to the rural economy or rural employment, or meets an overriding social or economic needs of the local community and as such careful consideration needs to be given to the benefits of allowing such a scheme and the resultant impact of the proposal upon the visual amenities of the area and wider Gower AONB. As such the proposal has been advertised as a Departure from the provisions of the Development Plan and the principle issue to determine, therefore, is whether the economic and social benefits associated with the proposal outweigh the environmental harm of development in the countryside of the Gower AONB and whether the application can be viewed as an acceptable departure from the provisions of the Swansea Unitary Development Plan 2008.
Economic and Social Benefits
The proposed scheme clearly has economic benefits and to summarise would look to employ approximately 20 people, offer a modern sustainable tourist destination, educational training for disadvantaged children and continue sustainable farming methods. Capital investment will initially be grant funding with £500,000 secured from the Big Lottery Fund and an additional £200,000 from other grant funding to be spent during Phase 1 (2013-2016). This will involve the installation of the sewerage treatment plant, access tracks and car park, upgrade electricity supply, construction of training centre and agricultural equipment barn (Barn 9), toilet/shower block (2) and barn for utilities, equipment and workshop (3), commence agricultural training programmes and construct polytunnels. Phase 2 will run between 2017 and 2020 and result in an additional £2,000,000 being spent constructing the residential centre, barns 15 and 16 and adventure playground. It is envisaged that the annual income from the centre would be between £500k and £700k, with profits being re-invested in the centre.
The centre will be run in combination with Valley Kids and Down to Earth Project. The proposal will involve a mixed venture which will provide Community Development Work, Play Work, Youth Work, Residential experiences, arts work, promoting healthy living and community support. The venture would specialise in Social Inclusion through practical sustainability and personal development. The centre will work with a wide range of groups across South Wales including both disadvantaged adults and children, local schools, tourists and professionals and as such will clearly provide a social benefit to the locality and the wider area.
It should be acknowledged that there has been a material change in planning circumstances since the adoption of the Swansea Unitary Development Plan 2008 under the recently adopted Planning Policy Wales 2012 which under paragraph 7.2.2 recognises that there will be exceptions where economic benefits will outweigh social and environmental considerations. The proposal clearly has economic and social benefits which could warrant the approval of this application, however the site is within the Gower AONB where the primary objective is the conservation of its natural beauty. Therefore it is imperative that the proposed developments have an acceptable impact upon the visual
Page 54 amenities of the area and conserve or enhance the character and appearance of the wider Gower AONB. These are individually assessed in the next section of the report:-
Residential Centre
The residential centre would replace an existing centre with a larger, modern contemporary building which will also incorporate the centres reception area and staff accommodation. The building is oval in shape and incorporates an asymmetrical roof. The replacement building would require the removal of a semi-mature hedgerow and as such would straddle outside the existing curtilage of the residential centre. The building will be constructed from rammed earth and lime-washed straw bale walls with a wildflower roof. The rear elevation incorporates large areas of glazing to maximise solar gain and some timber cladding. The building is positioned in order to maximise solar gain and will be a highly sustainable form of development. The building will incorporate a similar height as the existing building and will only be visible from long distance views from Cefn Bryn and from views from the south. The centre would not be visible from the north and west due to existing extensive landscaping which will be conditioned to be retained.
The residential centre will provide a valuable addition to the Gower AONB providing a valuable appropriate use to help serve the rural economy and will help provide a valuable social need for the wider locality. A condition would, however, be necessary to ensure the residential centre is used as such and in connection with the proposed venture.
Toilet/Shower Club (2)
The toilet shower block will be sited in the south-western part of the site and will be screened from views from the east and south by the existing boundary hedges and the north by the proposed Barn 3. There may be long distance views from the west, however this could be mitigated against by ensuring the western hedgerows of the site are encouraged to mature. The building is minimal in size and will be constructed from timber cladding with a turf roof. The facility will be used by the centre when residents are participating in outdoor activities. Therefore whilst it is acknowledged the toilet block and shower will be sited in an agricultural field, its use is compatible with the overall offer and will not result in the loss of quality agricultural land.
Barn for utilities, equipment and workshop (3)
Barn 3 will be sited to the immediate north of the toilet block and will be screened from the south by the toilet/shower block and the east by the existing hedge row. Similar to the toilet block, a condition requiring the western hedgerows to mature would mitigate views from the western direction. The barn incorporates a monopitched roof, with solar panels on the southern elevation in order to maximise solar gain. The barn will also incorporate a bat roost in the western pine end. The barn will be constructed from timber boards for the walls and a shakes and woodshake roof. The building will house the biomass boiler house, borehole treatment plant, laundry/drying room, woodwork workshop and storage for outdoor activities. Therefore whilst it is acknowledged that the building will be sited in an agricultural field outside the curtilage of the existing residential building, its use is considered compatible with the overall offer and will not result in the loss of quality agricultural land.
Car Parking Area (4)
Page 55 The parking area is currently situated to the front of the existing building. The proposal would involve the creation of a formal parking area, providing parking for 2 mini buses and 8 cars. The proposal would involve no tarmac or concrete and will create a permeable surface made out of reclaimed materials. Notwithstanding this the parking area is situated in an inconspicuous location and will be screened from the wider landscape by the existing planting. As such this element of the scheme is also considered to have an acceptable impact upon the wider countryside and Gower AONB.
De-kit and waste recycling building (5)
This building will be sited to the immediate north and within the curtilage of the residential centre and will be screened from the wider landscape by the existing boundary treatment. This building is situated within the curtilage of the existing residential centre and will replace an existing outbuilding. This building will be constructed from timber boarding for the walls and wild flower/cedar shingles for the roof. The building will incorporate a mono- pitched roof and provide the waste recycling area and storage for outdoor activities. This building is considered acceptable in principle and would have an acceptable impact upon the visual amenities of the area and the wider Gower AONB, in compliance with the provisions of the Development Plan.
Sensory Garden and Adventure Playground (6)
This element of the scheme is sited within the curtilage of the existing residence and as such would be acceptable in principle. Limited information has been provided in this respect and as such additional information would be required via condition.
Training Centre (8)
The training centre is semi-circular in design and will introduce a contemporary styled single storey building which will be sited to the immediate east of the residential centre. The training centre would be sited in an agricultural field, however its agricultural training element is considered a use which complements the land use and the agricultural character and appearance of the area which will provide an important social and community use into this rural area. The design will incorporate a minimal height and be constructed from lime rendered cob/straw walls and a turf/sedum roof which combine to help mitigate the visual impact of the building on the wider landscape and wider Gower AONB. The dense landscaping to the north and south of the site will help reduce the visual impact of the building from these directions and the building will only be prominently visible when viewed from within the site. Furthermore the training centre would be sited relatively close to the training centre and Barn 9. The building incorporates significant glazing to the south which helps maximise solar gain. As such the building is considered to have a practical use which relates to its agricultural setting and will have an acceptable impact upon the visual amenities of the area and the wider Gower AONB.
Agricultural Barn (9)
Barn 9 will provide an area to keep resources and equipment for agricultural training courses. The building will incorporate a pitch roof and be constructed from a combination of turf on the north side and wood shakes on the southside with large solar panels in order to maximise solar gain. The design and materials proposed for its construction will ensure the building will complement its rural setting in visual terms. The roofspace will incorporate space for a bat roost and this will be conditioned accordingly.
Page 56 Barn 9 will be sited to the immediate north of the training centre and be screened from the north, south and west by the existing dense foliage and will only be visible from the east from within the site itself. Therefore the visual impact on the character and appearance of the Gower AONB will be minimal.
Turning Circle and pathways (10 and 12)
The turning circle and pathways will be constructed from crushed cockle shells and result in no engineering operations. The pathways will provide links through the site to barns 15 and 16 without the need for machinery to operate. The turning circle will enable vehicles to turn in a safe manor whilst also providing access to the abattoir. These elements of the scheme will not be visible from wider vantage points and will only be visible from within the site. As such the resultant impact on the wider AONB will be minimal.
Horticulture and Polytunnels (11)
The polytunnels would be sited in the south western part of the site on the opposite side of the hedge to the outside toilet and shower block (2) and utility barn (3) and as such would be screened from the west by these buildings. The structures are minimal in size and would not appear prominent from the wider public vantage points and furthermore they are agricultural structures which one would expect to see within a countryside location such as this. Therefore these structures are considered acceptable in principle and will furthermore provide the residential centre with a source of food, in order to achieve its goal of a high level of sustainability.
Timber Bridges (14)
A replacement timber bridge and two additional timber bridges are proposed in order to cross the existing water course. These structures will be minimal in size and as such they would not be visible from the wider countryside or Gower AONB. Additional information would be required in this respect and this will form part of a condition.
Barns for animal housing and feed (15 and 16)
The rationale behind the proposed centre is to provide a highly sustainable form of development which maximises solar gain for passive heating, light and solar technologies. This has led to the requirement to sporadically space buildings through the site. This is also required due to the low impact farming which will take place at the centre, without the need for heavy machinery. Therefore barns 15 and 16 are required to be sited in the eastern extremities of the site in order to provide animal housing and feed stores. The buildings are minimal in size and will be constructed from timber windows and doors, timber boards and shakes and some turf for the roof with timber cladding for the walls. The buildings are agricultural in appearance and will be screened from the wider landscape by the existing foliage from the north and east and the buildings will only be visible from within the site from the western and southern directions. As such these elements of the scheme are considered to have an acceptable impact upon the character and appearance of the Gower AONB and wider Countryside.
Ecology
The site is situated within close proximity to the Gower Commons SAC and the Cefn Bryn Common SSSI. Therefore it is imperative that all watercourses which serve this special area of biodiversity are identified and the implications of the proposed development
Page 57 properly addressed. Following consideration with the Environment Agency there is no objection to the determination of this application, however additional information would be required prior to the commencement of work on site which will be ensured via condition.
Given the sheer number of watercourses within the locality appropriate pollution control measures should also be implemented during both the construction and operational phases of the development to ensure the integrity of the surface and groundwaters. Therefore a Method Statement detailing all necessary pollution prevention measures for the construction phases is required via condition.
The site is also located within the Parkmill Source Protection Zone 1 (SPZ 1) where the Environment Agency carefully monitor development proposals of all types. SPZs are identified by the EA in order to identify the catchment areas of sources of potable water that is high quality and usable for human consumption and identify where they may be at particular risk from polluting activities on or below the land surface. As such to ensure that a satisfactory form of surface water drainage is implemented a condition is recommended requiring the submission of a scheme of surface water drainage works and a risk assessment demonstrating that the development will not cause the deterioration of water quality in the area.
The Environment Agency have also suggested conditions relating to the storage of oils, fuels or chemicals and standard informatives informing the applicant of their duties relating to the disposal of waste materials and the Water Resources Act.
In terms of the landscaping, a condition is recommended requiring the retention of the existing boundary treatment where possible, which will ensure the long term biodiversity of the site and wider area and visual amenities of the wider area.
The Countryside Council for Wales (CCW) were consulted on the planning application and given the existing residence is a recognised bat roost they raised concerns relating to the level of information provided in respect of the impact of the proposed redevelopment upon European Protected Species. Subsequently the applicant submitted revised plans drawing out the mitigation provided within their ecological statement and indicating the measures being adopted on the application plans. In light of this additional information, CCW have requested further detailed information, however, further consideration was given to the revised plans and mitigation by the Councils Ecologist who has no objection subject to conditions. On the basis of the information provided it is considered that a condition requiring a bat license requiring the applicant to follow the mitigation outlined in the Bat Roost Mitigation Statement dated January 2013 should be attached to any approval. Subject to this there is no objection to the positive determination of this application from an ecological perspective.
The development is adjacent to the Gower Commons SAC, the features of these are sensitive to any increase in pollution levels. In fulfilment of the duties laid out in the Conservation of Habitats and Species Regulations 2010 consideration has been given to the protection of the features of the Gower Commons SAC part of which is adjacent to the development site. The features of the SAC can be damaged by increased levels of water born nutrients. The sewage treatment system will not cause any significant affect to the SAC features and the applicant has recently received a permit from the Environment Agency to discharge to an adjacent stream from a package treatment plant. This method of drainage has been agreed by the EA and as such there is no objection to the foul sewage disposal and as such the proposal from an ecological perspective will have an acceptable impact upon the Gower Commons SAC.
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Currently no information has been provided with regard lighting for the site. As such in order to ensure the future control of any subsequent lighting a condition is recommended in this respect in order to ensure the peace and tranquillity of the Gower AONB is maintained and also in the interest of the ecology of the site. As such the proposal is considered to comply with Policy EV40 of the Swansea UDP and the Supplementary Planning Guidance document entitled ‘Lighting Scheme Guidance for Gower Area of Outstanding Natural Beauty’.
Drainage
Having consulted both Dwr Cymru/Welsh Water and the Environment Agency there are no objections to the proposed foul drainage. Foul sewage from the existing dwelling is currently disposed of via a septic tank which discharges to land. The applicant however, recently received a permit from the Environment Agency to discharge to an adjacent stream from a package treatment plant. This method of drainage has been agreed by the EA and as such there is no objection to the foul sewage disposal.
Sustainability
The proposed centre will look to achieve a high level of sustainability and will look to maximise its solar gain with the careful siting of the buildings throughout the site. The centre will look to produce as much produce as possible to serve in the dining room and locally source as much material as possible. The centre will incorporate a biomass boiler and will where possible use natural and local waste timber. The scheme will adopt rainwater harvesting and recycle as much waste as possible which is commendable.
The site is in excess of 1ha and as such in compliance with Planning Policy Wales 2012 and TAN 22 the proposal is required to meet the Building Research Establishment Environmental Assessment Method (BREEAM) ‘Very Good’ standard and achieve the mandatory credits for ‘Excellent’ under issue Ene1 - Reduction of CO Emissions. The only 2 buildings which are capable of being assessed under BREEAM are the residential and training centres and this has been clarified in the supporting Design and Access Statement and will be conditioned accordingly. As such the proposal will obtain a high degree of sustainability.
Highways
Having consulted the Head of Transportation and Engineering it is acknowledged that the site is screened from the main highway and is accessed via an established private track which affords excellent visibility onto the adopted highway. A total of 10 parking spaces have been proposed in addition to agricultural trailer parking facilities. It is expected that residents will be arriving by minibus in the main. Parking provision has been based on the requirements for Higher Education Establishments and this is adequate for the number of visitors and staff members. There are no highway objections.
Conclusion
In conclusion, whilst it is acknowledged that there are no clear policies which fundamentally support the proposal, the scheme clearly has wider economic and social benefits which subject to conditions restricting its use would on balance, it is considered, outweigh any potential visual harm to the character and appearance of the Gower AONB. Furthermore the agricultural, tourism and educational aspects of the scheme are
Page 59 considered to complement the wider agricultural community and will provide a valuable addition to what Gower has to offer. Furthermore whilst the grouping of agricultural buildings is normally considered preferable, it is considered that in this instance the commitment for a high level of sustainability coupled with the lower intensive methods of farming which will take place warrants the siting of the buildings in this sporadic nature in the site in order to maximise solar gain and also meet the requirements of the low intensive sustainable farming methods which will take place. In addition to this the buildings are considered to be of a high standard and their design, siting and matierals will ensure they will not appear prominent or domineering when viewed from wider public vantage points and the Gower AONB and as such the scheme is considered to respect the fundamental principles of Policies EV1, EV2, EV21, EV22, EV40 EV26 and EC17 of the Swansea Unitary Development Plan and Planning Policy Wales 2012 and the Supplementary Planning Guidance document entitled ‘Lighting Scheme Guidance for Gower Area of Outstanding Natural Beauty’. As such it is considered that this application should be approved as an acceptable Departure from the Provisions of the Swansea Unitary Development Plan.
RECOMMENDATION
That the application be REFERRED TO THE DEVELOPMENT MANAGEMENT & CONTROL COMMITTEE as a Departure from the provisions of the Development Plan with a recommendation that it be APPROVED subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
2 No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site. The landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within fine years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.
3 Samples of all external finishes shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.
4 No external lighting shall be erected to serve the development hereby approved unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of visual amenity.
5 The training and residential centre permitted shall be constructed to meet the Building Research Establishment Environmental Assessment Method (BREEAM) ‘Very Good’ standard and achieve the mandatory credits for ‘Excellent’ under
Page 60 issue Ene1 - Reduction of CO2 Emissions unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of sustainability.
6 No development shall take place until a detailed scheme for the protection and management of any watercourse/pond within/bordering the site is submitted to and agreed in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the Local Planning Authority. The scheme shall include:
- plans showing each watercourse within/bordering the site - plans showing the extent and layout of an appropriate buffer zone along the length of each watercourse. Please note that any buffer zone proposed shall be free from built development including lighting and formal landscaping. - details of footpaths, fencing, crossing points. - details of any proposed ponds including contours - details demonstrating how any watercourse, buffer zone and pond will be protected during development and managed/maintained over the longer term including adequate financial provision and named body responsible for management plus production of detailed management plan - details of any proposed planting scheme (for example, native species, local provenance) Reason: In the interest of protecting the watercourse and ponds and ensure vitality of the ecology of the site.
7 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved by the Local Planning Planning. The agreed scheme shall be implemented prior to the construction of any permeable surfaces draining to this system, unless otherwise agreed in writing by the Local Planning Authority. Reason: To reduce the risk of pollution to controlled waters and to prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.
8 No development approved by this permission shall be commenced until a risk assessment demonstrating that the proposed surface water drainage scheme will not cause deterioration in water quality has been submitted to and approved in writing by the Local Planning Authority. Reason: To protect controlled waters and prevent any deterioration in Water Framework Directive Classification.
9 No development approved by this permission shall be commenced until a Method Statement detailing all necessary pollution prevention methods for the construction phase of the development is submitted to and approved in writing by the Local Planning Authority. Reason: To prevent pollution and the deterioration in the Water Framework Directive classification.
Page 61 10 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound capacity of interconnected tanks plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. Reason: To prevent pollution of the water environment.
11 The site shall be used for a training centre and residential centre only and for no other purpose (including any other purpose in Classes D1 and C2) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification). Reason: In the interest of the character and appearance of the Gower AONB.
12 Notwithstanding the approved plans, prior to the commencement of work on site further information in respect of the timber bridges and adventure playground shall be submitted to and agreed in writing by the Local Planning Authority. Reason: In the interest of visual amenity.
13 No development shall begin until details of a 'Design Stage' assessment and related certification have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out entirely in accordance with the approved assessment and certification unless the Local Planning Authority shall otherwise consent in writing. Reason: In the interest of sustainability.
14 Following practical completion of the final building, no building unit shall be occupied until a 'Post Construction Stage' assessment has been carried out in relation to it, a Final Certificate has been issued for it certifying that 'very good' and credits under Ene1 has been achieved. Reason: In the interest sustainability.
15 Prior to the commencement of demolition or work on site, a "Bat Licence" shall be obtained from the Welsh Assembly Government and a copy submitted to and approved in writing by the Local Planning Authority. The mitigation measures proposed in the accompanying Bat Roost mitigation/method statement dated January 2013 should form part of the "licence to disturb" application. The approved details shall be retained as such unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the ecology of the site and ensure the protection of protected species.
INFORMATIVES
1 It is strongly advised that you contact the Environment Agency Management Team on 01792 325642 for advice and guidance on the management of construction and
Page 62 demolition waste prior to development commencing.
You should also be aware under the terms of the Water Resources Act 1991 that an impounding licence may be required from the Environment Agency for the impounding of any watercourse, ditch or stream. You should also be aware that you may need to apply for a license if you intend to alter any existing impoundments. For additional information in this regard we would recommend that the developer contact our National Permitting Team on 08708 506506
2 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1, EV2, EV3, EV22, EV26, EC17, EC13)
3 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
4 In order to ensure that the scheme being developed is appropriate and to discuss possible enhancement opportunities we would highly recommend a site meeting with the developer. For additional advice/guidance on this matter we would recommend that you contact the Environment Agency's biodiversity Officer, Mair Rees on 01792 325626.
5 The method statement must be site specific and shall identify as a minimum:-
- any sources of pollution (including silt), potential pathways for that pollution to enter any watercourses within the vicinity of the site and appropriate pollution control measures to be implemented - storage facilities for fuels, oils and chemicals - construction compounds, car parks, offices etc. - details of surface water drainage arrangements to be installedto intercept and treat contaminated surface water run-off - details of the nature, type and quantity of materials to be imported on to the site - measures for dealing with any contaminated material (demolition waste or excavated waste) - identification of any buried services, such as foul sewers, so that they are protected - details of emergency contacts, for example the Environment Agency Pollution Hotline 0800 807 060.
The Method Statement should then be efficiently communicated to all contractors and sub-contractors (for example, via toolbox talks) and any deficiencies rectified immediately.
Pollution prevention guidance is available from our website http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx
I would also refer the applicant to The Code of Good Agricultural Practice which is available through the following link
http://wales.gov.uk/topics/environmentcountryside/farming/codesofgoodpractice/;js essioni d=DB3D4CAC20B7C90624AAC5FC7295EAC6?lang=en
Page 63 and Best Farming Practices: Profiting from a good environment, which is available from
https://publications.environment- agency.gov.uk/skelton/publications/ViewPublication.aspx?id=c42126e5-1192- 4cb8-998f-f3ce7e0ac556
If any controlled waste is to be removed off site, then the site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. The Duty of Care Regulations for dealing with waste materials are applicable for any off-site movements of wastes.
PLANS
Site location plan 1:1250, site location plan 1:2500, Appendix A-existing & proposed views, 224.01-proposed site layout, 224.02-residential block ground floor, 224.03- residential block first floor, 224.04-residential centre section C.L, 224.05-residential north & south elevations, 224.06-residential east & west elevations, 224.07-existing house, 224.09-training centre plan,224.10-training centre section on C.L. 224.11- training centre proposed elevations, 224.12-de-kit entry building, 224.13 site sections, 224.16- existing bunkhouse & barn, 224.17- polytunnel (proposed), Little Bryn Gwyn Business Plan, Ecological Assessment, Little Bryn Gwyn Summary Ecological Assessment, bat survey, bat roost mitigation/method statement, topographical Survey received 4th December 2012 and 224.08 Rev B - toilet and shower block, 224.14 Rev B - proposed barns numbers 9 & 15, 224.15 Rev B - propsed barns numbers 3 & 16 dated 5th February 2013
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Councillors: John C Bayliss Andrea S Lewis Peter M Black David J Lewis Nicholas S Bradley Richard D Lewis June E Burtonshaw Clive E Lloyd Mark C Child Paul Lloyd (Vice Chair) Uta C Clay Keith E Marsh Anthony C S Colburn Penny M Matthews David W Cole Paul M Meara Ann M Cook Hazel M Morris Sybil E Crouch John Newbury Jan P Curtice Byron G Owen Nick J Davies Geraint Owens W John F Davies David Phillips A Mike Day Cheryl L Philpott Phil Downing Jennifer A Raynor C Ryland Doyle T Huw Rees V Mandy Evans Ioan M Richard William Evans J Christine Richards E Wendy Fitzgerald Neil M Ronconi-Woollard Robert Francis-Davies (Chair) Pearleen Sangha Fiona M Gordon Paulette B Smith Joe A Hale Robert V Smith Jane E C Harris R June Stanton Terry J Hennegan Rob C Stewart Chris A Holley D Gareth Sullivan Paxton R Hood-Williams Gloria J Tanner Beverly Hopkins Mitchell Theaker David H Hopkins Ceinwen Thomas Dennis H James C Miles R W D Thomas Lynda James Des W W Thomas Yvonne V Jardine Mark Thomas Andrew J Jones L Graham Thomas Jeff W Jones Linda J Tyler-Lloyd Mary H Jones Gordon D Walker Susan M Jones Lesley V Walton Erika T Kirchner T Mike White
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