CARDIFF COUNTY COUNCIL PLANNING COMMITTEE
THE REPORTS OF THE CHIEF STRATEGIC PLANNING AND ENVIRONMENT OFFICER
LIST OF DEVELOPMENT APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE ON 16TH SEPTEMBER 2009 AT 2.30PM
AREA PAGES
WEST 1 - 74
CENTRAL 75 - 256
EAST 257 - 280
9th September 2009
20871513
TO: Members of the Council
Dear Councillor
Planning Committee Wednesday 16th September 2009 at Ferrier Hall, City Hall, Cardiff (meeting starts at 2.30.p.m.)
I attach a copy of the schedule of Development Control Applications which will be considered at this meeting of the Planning Committee.
The plans relating to the applications will be available for inspection at the City Hall, during the whole of Tuesday and Wednesday morning preceding the Committee.
Unless otherwise stated in the report, Planning Committee has delegated powers to determine the applications in the schedule. Planning Committee (but not an individual member) can also refer a matter to another committee or to the Council for a resolution. However, Council cannot move an amendment to a recommendation relating to a planning application or make a recommendation relating to a planning application and can only refer a matter back to Planning Committee on one occasion, after which Planning Committee shall decide the matter.
Please now note that if any requests for site visits are acceded to by the meeting, such site visits will take place during the afternoon of Monday 5th October 2009 . If you submit a request for a site visit, you must include in your submission -
(a) a choice of at least two starting times for the site visit that you are requesting, each of which must be at least 45 minutes apart; and (b) the reasons why you believe that such a site visit is necessary.
If you fail to provide any choices of starting times for the site visit that you've requested, it will be assumed that you will be available to attend such a site visit at any time of the day, regardless of what time it starts.
The Clerk to the Council will circulate the Agenda for the meeting to the Members of the Planning Committee separately.
Yours sincerely,
Chief Strategic Planning and Environment Officer
CARDIFF LOCAL DEVELOPMENT PLAN
In May 2005 the Welsh Assembly Government agreed a request from the Council to cease work on the Cardiff Unitary Development Plan (UDP) which had reached deposit stage and proceed as soon as possible with preparation of a new Local Development Plan (LDP) under the Planning and Compulsory Purchase Act 2004.
On 28 April 2009, Cardiff Council placed the Cardiff Local Development Plan 2006-2021 on deposit for public inspection and the submission of representations. In approving the LDP for deposit on 19 March 2009, Council also resolved that “from the date of deposit, in addition to extant development plans, the deposited LDP be taken into account in development control decisions”.
Extant adopted and approved development plans for the administrative area of Cardiff will remain the statutory development plan for Cardiff until formal adoption of the new LDP. These are the City of Cardiff Local Plan (1996), the South Glamorgan (Cardiff Area) Replacement Structure Plan (1997) and the South Glamorgan (Cardiff Area) Minerals Local Plan 1997) together with the approved Mid Glamorgan County Structure Plan incorporating Proposed Alterations No. 1 (September 1989). In accordance with Assembly guidance, in determining the weight to be attached to policies and proposals in the deposited LDP the Council will have regard to:
• The degree to which later statements of national policy and the Wales Spatial Plan make the statutory Development Plan out of date and suggest a decision should be taken otherwise than in accordance with the Development Plan; • The degree to which the statutory Development Plan is out of date for any other reason; • The degree to which a relevant policy of the LDP provides guidance on the issue; • Where this is the case the cogency of the evidence upon which it is based including the degree to which it is derived from and consistent with national policy; • The implications for the legitimacy of the plan process if effect is given to the policy at this stage; • The implications for the objectives of the policy and the public interest if effect is not given to it until a later date; • The level and nature of any objections to, and representations in support of, a particular policy; • The degree of any conflict with adopted / approved plans; • Whether particular development proposals are individually so substantial, or would be so significant a cumulative effect, that to grant permission would predetermine decisions about the scale, location or phasing of new development which ought properly to be taken through the development plan; and • The extent to which plan policies accord with current Welsh Assembly Government planning policy guidance.
In respect to the weight to be attached to the deposited UDP Welsh Assembly Guidance states that a UDP that has not been adopted may remain a consideration in development control decisions until such time as the LDP is adopted, unless it is formally abandoned by the authority in favour of an emerging LDP. As the UDP has not been formally abandoned by the Council the UDP remains a material consideration in development control decisions. However the weight which can be attached to the LDP relative to the UDP is likely to increase the further it progresses to adoption.
Table 1.1: Existing Development Plans covering the Cardiff County Area
Cardiff County Area Cardiff Deposit Unitary Development The Plan was placed on deposit in Plan (to 2016) October 2003 and agreement was reached with Welsh Assembly Government in May 2005 to cease work on the plan and commence work on a new Local Development Plan.
City of Cardiff Area (part of the County of South Glamorgan until April 1996) South Glamorgan (Cardiff Area) Adopted April 1997 Replacement Structure plan 1991- 2011
City of Cardiff Local Plan (including Adopted January 1996 Waste Policies)
South Glamorgan (Cardiff Area) Adopted June 1997 Minerals Local Plan Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan Approved September 1989 incorporating Proposed Alterations No. 1 Mid Glamorgan Replacement Structure Modifications to the Plan including Plan recommendations of the EIP Panel approved by Mid Glamorgan County Council in January 1996 but not adopted in respect of the Pentyrch Community Area.
Glamorgan County Development Plan Approved March 1963 (Area No. 2)
Mid Glamorgan Minerals Local Plan for In June 1996 Cardiff County Council Limestone Quarrying resolved to approve the Plan as modified by the Inspector’s Report, for development control and other planning purposes, but the Plan was not adopted in respect of the Pentyrch Community Area.
PLANNING COMMITTEE Page No. App No. Location Description Decision Officer
1 09/00363/W 6-8 BEULAH ROAD, REMOVAL OF CONDITION 2 OF PP 07/2357/W TO PERU OAS RHIWBINA, CARDIFF, ALLOW THE MIXED SHOP/ RESTAURANT/ CF14 6LX GALLERY USE (SUI GENERIS) TO EXTEND THROUGHOUT THE GROUND FLOOR OF 6 - 8 BEULAH ROAD. VARIATION OF CONDITIONS 3 AND 4 OF PP 07/2357W: CONDITION 3 – TO EXTEND THE OPENING HOURS FROM 7:30 AM TO 11PM MONDAY TO SATURDAY (TO BE CLOSED ON SUNDAYS) CONDITION 4 – TO ALLOW OUTSIDE DINING WITHIN THE AREA TO THE REAR OF 8 BEULAH ROAD SHOWN ON DRAWING NO A-P-S- 001 19 09/00407/W 20 ERW WEN, ERECTION OF ATTACHED HOUSE STV OJJ RHIWBINA, CARDIFF, CF14 6JW 34 09/00943/W Former Forge Garage, CONSTRUCTION OF 76 BED NURSING HOME WITH 106 OJH Cowbridge Road West, ASSOCIATED CAR PARKING. Caerau, Cardiff 48 09/00978/W YSGOL GYNRADD INSTALLATION OF A DOUBLE DEMOUNTABLE STV OJH GWAELOD Y GARTH, CLASSROOM ON EXISTING SCHOOL GROUNDS MAIN ROAD, INCLUDING CONTINUOUS SERVICES GWAELOD-Y-GARTH, CARDIFF, CF15 9HJ 62 09/01197/W 1 FORDWELL, CONSTRUCTION OF BLOCK OF 7 NO. TWO BED REF PWK LLANDAFF, CARDIFF, FLATS CF5 2EU
75 08/02191/C CAMBRIAN MARINA BOATYARD AND HOTEL (INCLUDING CONFERENCE SUITE, GYM, SPA, 106 NEH ADJOINING LAND, WATKISS WAY RESTAURANTS AND BARS), RESIDENTIAL, RETAIL, OFFICE AND FOOD AND DRINK UNITS, PARKING AND SERVICE AREAS, NEW ACCESS, PUBLIC REALM AND NEW RIVER EDGE REVETMENT 115 09/00468/C 54 METAL STREET, ADAMSDOWN, PROPOSED COMMUNITY CENTRE, SCHOOL AND FIVE FLATS 106 NEH CARDIFF, CF24 0LB 130 09/00533/C 47-65 CITY ROAD, ROATH, CARDIFF, DEMOLITION OF ALL BUILDINGS. PROPOSED HOTEL - WITH REF NEH CF24 3BL RETAIL AT GROUND FLOOR LEVEL 148 09/00575/C 21-27 CITY ROAD, ROATH, CARDIFF, DEMOLITION OF OFFICES AND WORKSHOPS, AND RESIDENTIAL 106 NEH CF24 3BJ REDEVELOPMENT COMPRISING SIXTEEN 2 BED APARTMENTS AND FOUR 2 BED TOWN HOUSES, WITH LANDSCAPING/AMENITY SPACE/CAR PARKING/CYCLE SHELTER/BIN STORAGE 164 09/00877/C PROPOSED RESIDENTIAL PROPOSED CONSTRUCTION OF 20 SELF-CONTAINED FLATS (15 X 106 NEH DEVELOPMENT, ALBANY ROAD, 1 BED, 5 x 2 BED), ON-SITE PARKING, AMENITY, REFUSE STORAGE ROATH, CARDIFF, CF24 3RW AND CYCLE STORAGE FACILITIES 178 09/01084/C 36 RICHMOND ROAD, ROATH, CONTINUATION OF OFFICE USE IN THE FRONT GROUND FLOOR REF NEH CARDIFF, CF24 3AS ROOM, IN THE FIRST FLOOR TWO FRONT ROOMS AND ON THE SECOND FLOOR, AND A PROPOSED ACCESS RAMP 193 09/01093/C 206 CITY ROAD, ROATH, CARDIFF, CHANGE OF USE TO RESTAURANT REF OAG CF24 3JG 203 09/01208/C 17 WELLFIELD ROAD, ROATH, CHANGE OF USE OF GROUND AND FIRST FLOOR TO A3 CAFE REF OJF CARDIFF, CF24 3NZ WITH ALTERATIONS TO SHOPFRONT 212 09/01216/C 192 CITY ROAD, ROATH, CARDIFF, VARIATION OF CONDITION 7 OF PLANNING PERMISSION 95/491/W REF OAG CF24 3JF TO ALLOW EXTENSION OF OPENING HOURS TO MON-SAT 09:00HRS TO 00:30HRS AND SUNDAYS 09:00HRS TO MIDNIGHT 218 09/01293/C LOCOMOTIVE INN, 62-66 BROADWAY, DEMOLISH EXISTING BUILDING, CONSTRUCT 3 STOREY 106 OAG ADAMSDOWN, CARDIFF, CF24 1NH RESIDENTIAL BUILDING COMPRISING 18NO ONE BEDROOM DWELLINGS 232 09/01301/C 209 CITY ROAD, ROATH, CARDIFF, CONVERSION OF GROUND FLOOR TO RESTAURANT A3 AND NEW REF OAG CF24 3WA SHOPFRONT 244 09/01370/C THOMSON HOUSE, HAVELOCK 250 BEDROOM HOTEL - APPLICATION FOR VARIATION OF PER NEH STREET, CITY CENTRE, CARDIFF, CONDITION 1C OF PLANNING PERMISSION 06/1385C TO ALLOW CF10 1XR FOR A TWO YEAR EXTENSION TO THE TIMEFRAME WITHIN WHICH APPROVAL OF RESERVED MATTERS MUST BE APPLIED FOR
PLANNING COMMITTEE Page No. App No. Location Description Decision Officer
257 09/01232/E 826 NEWPORT PROPOSED CHANGE OF USE OF SHOP FROM PER MCH ROAD, RUMNEY, TYPE A1 TO A3 FOR USE AS FISH AND CHIP SHOP CARDIFF, CF3 4LH TAKE-AWAY & NEW SHOPFRONT. 267 09/01265/E WOODCROFT DEMOLISH EXISTING CENTRE AND 106 OTW CENTRE, ABERGELE CONSTRUCTION OF 60 BED CARE HOME AND 15 ROAD, CLOSE-CARE FLATS TROWBRIDGE, CARDIFF, CF3 1RS
PETITION
COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/00363/W APPLICATION DATE: 06/03/2009
ED: RHIWBINA
APP: TYPE: Variation of conditions
APPLICANT: Snails Delicatessen LOCATION: 6-8 BEULAH ROAD, RHIWBINA, CARDIFF, CF14 6LX PROPOSAL: REMOVAL OF CONDITION 2 OF PP 07/2357/W TO ALLOW THE MIXED SHOP/ RESTAURANT/ GALLERY USE (SUI GENERIS) TO EXTEND THROUGHOUT THE GROUND FLOOR OF 6 - 8 BEULAH ROAD. VARIATION OF CONDITIONS 3 AND 4 OF PP 07/2357W: CONDITION 3 – TO EXTEND THE OPENING HOURS FROM 7:30 AM TO 11PM MONDAY TO SATURDAY (TO BE CLOSED ON SUNDAYS) CONDITION 4 – TO ALLOW OUTSIDE DINING WITHIN THE AREA TO THE REAR OF 8 BEULAH ROAD SHOWN ON DRAWING NO A-P-S-001 ______
RECOMMENDATION 1: That planning permission be GRANTED for the change of use of ground floor to mixed shop/ restaurant/ gallery use (sui generis), approved under consent number 07/2357w dated 18th December 2007, without complying with conditions 2, 3 and 4 of planning permission 07/2357w, subject to the following replacement conditions and new conditions:
3. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 11pm and 7:30am on Monday to Saturday inclusive or at any time on Sundays. Reason: To ensure that the amenities of occupiers of other premises in the vicinity of the site are protected.
4. The external dining area to the rear of the premises, shown on drawing A-P-S-001, shall not be open to the public between 7:30pm - 7:30am Monday to Saturday or at any time on Sundays. The rest of the external area of the application site shown on the site plan numbered A-P-S-001 shall not be open to any member of the public at any time, other than to enjoy any access rights through the site. Reason: To ensure that the use of the premises does not prejudice the amenities of the neighbouring occupiers.
13. The consent relates to the application as amended by the revised plan
1 numbered A-P-S-001 attached to and forming part of this planning application. Reason: The plan amends and forms part of the application.
14. This consent relates to the application as supplemented by the information contained in the email from the agent dated 12 May 2009. For the avoidance of doubt, this confirms that the area of the external dining area shown on drawing no A-P-S-001, is for the exclusive use of customers. Reason: The information provided forms part of the application.
15. No amplified music shall be used outside the building. Reason: To ensure that the amenities of the occupiers of adjoining and nearby properties are protected.
16. The doors to the external dining area to the rear of the premises, shown on drawing A-P-S-001, shall remain closed between the hours of 7:30pm – 7.30am on Monday to Saturday and at any time on Sundays. Reason: To ensure that the use of the premises does not prejudice the amenities of the neighbouring occupiers.
RECOMMENDATION 2: That the applicant be advised that all other conditions imposed on the grant of planning permission 07/2357w remain in force and are unaffected by this application.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This is an application to remove a condition and vary two conditions attached to planning permission 07/2357w, granted 18/12/07, for the ‘change of use of ground floor to mixed use shop/ restaurant/gallery use (sui generis) at 6 – 8 Beulah Road, Rhiwbina, known as Snails Delicatessen. The following changes are proposed:
• Removal of condition 2, to allow the dining area to extend throughout the ground floor of the premises. This would have the effect of permitting tables and chairs for dining, shop produce for sale and gallery items to be positioned flexibly throughout the ground floor, providing the mixed use approved under 07/2357W is retained; • Variation of condition 3, to extend the opening hours to 7:30am to 11pm Monday to Saturday (to remain closed on Sundays); • Variation of condition 4, to allow outside dining within the area to the rear of 8 Beulah Road, shown on drawing A-P-S-001.
1.2 The original conditions are worded as follows:
Condition 2
The dining area shall only extend to the area shown on the revised ‘Floor Plan of Both Shops’ received on 06/11/07 attached to and forming part of this
2 planning application. Reason: For the avoidance of doubt as to the extent of the uses hereby approved.
Condition 3
No member of the public shall be admitted to or allowed to remain on the premises between the hours of 6pm and 9am on Monday to Thursday inclusive, between the hours of 11pm and 9am on Friday and Saturday or at any time on Sundays. Reason: To ensure that the amenities of occupiers of other premises in the vicinity of the site are protected.
Condition 4
The garden area to the rear of premises shall not be open to any member of the public at any time. Reason: To ensure for the amenities of occupiers of properties nearby.
1.3 Amended plans and an amended description were submitted to:
• Extend the proposed opening hours from 9am, as originally proposed under application 09/363w, to 7:30am to capture the breakfast trade and to provide sandwiches to takeaway to work; • Allow outside dining in the area to the rear shown on drawing no. A-P-S- 001.
1.4 The proposal has been submitted ‘to meet customer demand’ and ‘to improve viability and profitability of the business’. The application also seeks to regularise breaches of planning conditions that have occurred in the past, namely, the use of the existing outdoor dining area, an increase in floorspace occupied by tables and chairs, and late night opening on a Tuesday in 2008 for a tapas evening.
2. DESCRIPTION OF SITE
2.1 The site comprises the ground floor and rear garden of nos. 6 and 8 Beulah Road, and the garage and driveway of no 6 Beulah Road. Nos. 6 and 8 have been knocked through at ground floor to form a single unit, and there are two occupied flats above. The garden area to the rear rises across the garden to compass point SSE. Whilst the premises does not currently benefit from a license for the sale of alcohol, an application for a license to sell alcohol from noon – 10pm Monday to Saturday was submitted in October 2007 but declared to be invalid.
2.2 An outside dining area (approx 5.7m long x 4.7m wide) has been formed to the rear of no 8 Beulah, accessed via French doors. This is set down approx 1m from the surrounding garden, and is screened to the south by 2.4m high timber fencing and to the either side by 1.8m high timber fencing, and has a
3 gate. The applicants have confirmed that the outside dining area would be for the exclusive use by customers. This area has been used for outside dining but its use has now ceased, following advice from the Enforcement Team on the extent of planning permission 07/2357w.
2.3 The application site falls within Rhiwbina local centre, as defined by the Local Plan, and lies in close proximity to the busy junction of Pant Bach Road and Beulah Road. All the properties in the host frontage, and those in the opposite frontage are established commercial uses, albeit that no 4 is vacant. Whilst the local centre accommodates a mix of commercial uses, there are only two other premises for eating and drinking- an Indian restaurant (Juboraj) and a coffee/bookshop located on Heol Y Deri, with only the former being open in the evenings. There is church community hall with a large rear garden at the junction of Pant Bach Road and Beulah Road, in close proximity to the site, which is open to members of the public and used for events.
2.4 As noted previously, there are two occupied flats above the premises at first floor. Residential properties lie in close proximity to the site, outside the local centre. The rear gardens of nos. 1 and 3 Heol y Bont immediately adjoin the southern boundary of the site. There are also dwellings located further along Beulah Road to the East (beginning at nos. 16 (even) and 7 (odd)) and to the south, along Heol y Bont.
2.5 The site is separated from no 1 Heol y Bont, the nearest dwelling to the site, as follows:
• The rear wall of no 8 (accommodating the French doors to the outside dining area) and the facing rear wall of no 1 Heol Y Bont are separated by a minimum distance of approx 25.4m, at an oblique angle; • The rear wall of no 8 and the boundary of the rear garden of no 1 Heol Y Bont are separated by a minimum distance of approx 15.4m; • The rear boundary of the outside dining area and the facing wall of no 1 Heol Y Bont are separated by a minimum distance of approx 19.8m, at an oblique angle; • The rear boundary of the outside dining area and the boundary of the rear garden of no 1 Heol Y Bont are separated by a minimum distance of approx 9.8m.
2.6 Whilst the Heol Y Bont dwellings to the rear of the site fall in a residential area, there are a number of commercial and other non-residential uses located in close proximity which detract from the character of the street as an exclusively residential area. There is an Indian takeaway (chilled food) and a bank on the corner of the Heol Y Bont and Pant Bach Road junction, a Scout Hut adjacent to no 2 Heol Y Bont and, as noted above, a church community hall on the junction of Beulah Road and Pant Bach Road. The Indian takeaway operates until 10.30pm Tuesday to Sunday and the Scout Hall is also open outside of normal business hours. A plan is attached showing these uses.
4 3. SITE HISTORY
3.1 The following application is relevant, being that which this application seeks to vary:
07/2357W – Change of use of ground floor to mixed shop/restaurant/gallery use (sui generis) – approved 18/12/07, subject to conditions to control the extent of the dining room area (2), opening hours (3), refuse provision (5), sound insulation (6), noise levels (7), arrival/departure/loading/unloading times (8), fume extraction (9), amplified music (10), the entry of grease into the sewerage system(11) and use of the garage (12). The pre- commencement conditions relating to refuse storage (5), sound insulation (6) and fume extraction (9) have been fully discharged.
4. POLICY FRAMEWORK
4.1 The proposal falls within Rhiwbina local centre, as defined by policy 49 of the Local Plan. The following policies of the Local Plan are considered particularly relevant:
Policy 17 ‘Parking and Servicing Facilities’ Policy 49 ‘District and Local Centres’
4.2 The following policies of the deposit Cardiff Unitary Development Plan are considered particularly relevant:
Policy 2.24: Residential Amenity Policy 2.36: District and Local Centres Policy 2.57: Access, Circulation and Parking Requirements Policy 2.63: Contaminated and Unstable Land Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development
4.3 The following adopted Supplementary Planning Guidance (SPG) notes are particularly relevant: ‘Restaurants, Takeaways and other Food and Drink Uses’ (June 1996), ‘Waste Collection and Storage Facilities’ (adopted March 2007), ‘Access, Circulation and Parking Requirements’ (adopted June 2006).
4.4 The following paragraphs of the ‘Restaurants, Takeaways and other Food and Drink Uses’ SPG are particularly relevant:
• 3 ‘Food and drink uses are …complimentary, in principle, to the main shopping role of district and local centres, so long as they do not adversely affect the living environment of nearby residents…’; • 4.5 ‘The proximity of a proposal to residential premises is important because of the nuisance which can be caused to residents by the noise and increased activity associated with customers and their cars or taxis arriving and leaving the premises. In general, proposals are unlikely to be acceptable where residents live immediately above or next door. However, should planning permission be granted under such
5 circumstances, applicants will need to demonstrate the provision of satisfactory soundproofing between floors and walls. Any permission granted may also be subject to the provision of self-closing doors and restrictions on the playing of amplified or other music’; • 4.12 ‘If opening hours are proposed outside of normal shopping hours, these will be restricted. In district centres, this will usually be 11.30pm, however, where there are residents nearby an earlier closing restriction may be imposed’.
4.5 The following legislation and national guidance is considered particularly relevant: Planning Policy Wales (March 2002)
• 13.13.1 ‘Noise can affect people’s health and well-being and have a direct impact on wildlife and local amenity.’
Planning Guidance Wales Technical Advice Note (Wales) 11 – Noise:
• 3. Establishes the principle of the need to ‘minimise the adverse impact of noise without placing unreasonable restrictions on development or adding unduly to the costs and administrative burdens of business’. • 8 ‘Local Planning Authorities must ensure that noise generating development does not cause an unacceptable degree of disturbance. They should also bear in mind that if subsequent intensification or change of use results in greater intrusion, consideration should be given to the use of appropriate conditions.’ • 9 ‘Noise characteristics and levels can vary substantially according to their source and the type of activity involved….the character of the noise should be taken into account as well as its level.’ • 13 ‘Authorities should … take into account the fact that the background noise level in some suburban and rural areas is very low and the introduction of noise generating activities into such areas may be especially disruptive’.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Operational Manager Transportation has no objection to the amended plan and recommends that an area be set aside within the existing driveway for the parking of cycles for use by the tenants and staff (minimum 2 no).
5.2 Pollution Control has no comments to the amended plans in relation to contaminated land or air pollution. They advise that all issues relating to sound insulation and kitchen extraction have been addressed. However, they advise that they would not wish the garden area to remain open to 11pm with the rest of the premises, noting that 7.30pm would be a suitable time for it to close. They also take recommend a condition to ensure the garden area can not be used after 7.30pm as a smoking area.
5.3 Waste Management has no objection to the plans, as amended.
6 5.4 Councillors Cowan and Jones requested that the application be determined by Planning Committee and a site visit undertaken, and that consultation be undertaken on any changes to the proposal. They also comment that Snails is a very popular shop in Rhiwbina, that we need to nurture and support small businesses which will attract shoppers from the locality and further afield, but that residents living in close proximity to the rear garden have legitimate concerns about the proposed opening hours. Councillors Cowan and Jones feel that 11pm is too late for patrons to be using the outside area and feel that 7pm is an acceptable time for the outside area to close. They hope that Planning Committee can reach a compromise which will sustain local businesses and also protect local residents from any noise and disturbance late at night.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Welsh Water has no objection.
7. REPRESENTATIONS
7.1 Twenty two neighbouring occupiers have been consulted and the application advertised by means of a press and site notice. Neighbouring occupiers and all objectors were consulted on the amended plans and given 21 days to respond.
7.2 28 letters of objection have been received from the occupiers of 7 (x2), 16 (x2), 18 (x2), 26 Beulah Road and 1 (x3), 3 (x2), 5 (x3), 6, 7 (x3), 9 (x2), 11 (x2), 13, 17 Heol Y Bont, 15, 18 Pen Y Dre and 1 no. of unknown address, which raise the objections and issues set out below. There are no objections from the occupiers of the two flats above the premises.
General concerns i. the proposal represents overdevelopment and is inappropriate in a residential area and religious area, with 2 flats above; ii. Beulah Road and Heol Y Bont have an extremely low ambient noise level and quiet back gardens and the noise from the premises can already be heard; the quiet back gardens are particularly valued given that Heol y Bont is very busy with use of the scout hall and takeaway, through traffic and parking; iii. harm to residential amenity from intensification of use and increased customer numbers, leading to unacceptable noise from all aspects of the business - deliveries, kitchen preparation and cooking, patrons parking, outside dining, leaving open of patio doors and removal of waste.
Extension of dining area Harm to residential amenity iv from the extension of the dining area to the rear of the property, resulting in unacceptable noise from within the building, particularly during summer months when windows and the patio doors are open;
7 v from customers inside looking up into the bedroom and other windows of dwellings to the rear and consequent harm to privacy.
Extension of opening Hours Harm to residential amenity vi from the proposed opening times – particularly the 11pm closing time, 6 days a week, resulting in unacceptable noise and disturbance from the premises, particularly on summer evenings and particularly on young children trying to sleep, as evidenced by the ‘unacceptable noise’ from the tapas evening held in June 2008 which could be heard by local residents until 22:45; vii from noise and disturbance from patrons and staff leaving the premises late at night and cleaning activities- on the tapas evening last year disturbance was experienced in Heol Y Bont until at least midnight, with concern that this would become a nightly occurrence, exacerbating existing noise levels in Heol Y Bont from the use of the Scout Hall, which is considered enough.
Use of outside dining area Harm to residential amenity viii from customers using the garden area, for dining and smoking, leading to unacceptable noise and disturbance, particularly late into the evening and at weekends, and at levels consistently higher than that found in a residential garden area; ix the fencing that the applicant erected early 2008 does little to mitigate the noise levels; x from customers dining outside looking into surrounding gardens and up into the bedroom and bathroom windows of dwellings to the rear and consequent harm to privacy; xi the proposal would be contrary to emerging LDP Policy SD5.
Highway and access matters xii inadequate provisions for parking and concern that the proposals will lead to a greater demand for parking and parking problems, in what is already a congested and heavily parked up area, exacerbated by people visiting the Scout hut, hall and local shops, with specific concerns raised in relation to parking problems in Heol Y Bont and Beulah Road; xiii concern over the applicant’s use of their driveway to park 5 cars, contrary to their eco friendly intention; xiv concern over customer’s use of an access lane to the rear of the shops and flats, adjacent to no 16 Beulah Road, which is not a public right of way, leading to noise and disturbance.
Waste matters xv waste disposal to the rear along Heol Y Bont is inadequate, unsafe and unsightly, with overspill and litter occurring, in breach of pp. 07/2357w (objection received April 2009);
8 xvi concern that Snails have not entered into a commercial waste agreement; xvii concern that the waste store was only built in May 2009 even though it was required by condition; xvii concern over the position and unsightly design of the new bin store, which is in full view of 1 Heol y Bont; xix concern that intensification of use/extension of hours would exacerbate the waste problem, with increased generation of waste and collections and associated noise.
Other concerns xx objection to the stress caused and time taken objecting to the proposal, with many objections being similar to those raised with the initial application; xxi concern that the applicant is seeking greater leniency with each application; xxii harm arising from cooking odours and concern that a very good extraction is needed to avoid problems; xxiii concern that tables and chairs are placed on the pavement area in front of the shop, and a query as to whether they have permission to do so; xxiv harm to privacy from the applicants moving soil and raising the level of a pathway leading to in looking to a garden to the rear; xxv concern that the applicants have breached conditions attached to pp 07/2357w, demonstrating little respect for the planning process or local residents, leading to stress and resulting in residents having to seek enforcement action with consequent burden on Council resources; xxvi concern that the Council has not taken formal enforcement action; xxvii concern that the applicant has made no attempt to mitigate objections raised by local residents in relation to their previous planning application, indicating a lack of understanding of the issues and concerns; xxxviii objection to any application for an alcohol license – whether to allow ‘bring your own’ or for sale on the premises – in that this would lead to increase noise and disturbance, and fear that this would set a precedent and impact detrimentally on the community; xxix query regarding the status of the lane that connects Heol y Bont and Beulah Rd, noting that for it to retain its private status it has to be closed for one day each year otherwise it becomes a public right of way; xxx conjecture that the applicants intend to rent out the garden to no 8 as an allotment; xxxi concern that the garden is not well maintained and that earth pile up at the top of the garden will cause problems for neighbouring boundary walls and fencing; xxxii fear of precedent; xxxiii impact on property values, with a query as to whether Council tax will also be reduced and compensation provided for loss of peace and quiet;
9 xxxiv accept the benefits of the proposed customers to Snails, and acknowledgment that food and drink uses have a role to play in supporting the diversity and vibrancy of shopping centres such as Rhiwbina.
7.3 A petition of over 50 signatures (624) has been received in support of the proposal, with over half of signatories being Rhiwbina residents. Both the occupiers of the flats above 6-8 Beulah Road signed the petition.
7.4 Additionally, 14 letters of support have been received from the occupiers of 1, 3, 22 Pen Y Dre, 101 Heol y Deri, 11 Bryntirion, 6 Clas Tyn Y Cae, 10 Lon Y Dail, 40 Lon Isa, 41 and 42 Heol Iscoed (Rhiwbina), 10 St Asaph Close, Heath and 1 no of unknown address which raise the following issues:
i. Snails is a first class establishment, with responsible, ethical and hardworking owners, friendly staff, superb food made from the best quality local ingredients and this establishment needs support – particularly for longer hours and al fresco dining - if it is to survive the recession; ii. Snails caters for local people and is a focal point in village life, generating genuine community spirit; it is used by a local knitting group and a meeting point for French conversation; more places like Snails are needed in local villages serving the community; iii. Rhiwbina needs a diversity of outlets and greater flexibility; iv. Rhiwbina needs enterprises which can be used by the local community; the businesses that have recently opened (kitchen shops, flooring shops, accountants, interior designer and a dog grooming parlour) are of little use to the village; v. support for Snails’ new opening hours, particularly as it will allow local people a choice of venue for evening dining within walking distance, as the Juboraj is the only restaurant that currently serves evening meals; vi. Support for Snails, which is regarded as a great establishment and a real bonus to Rhiwbina, offers much needed unique and relaxed surroundings in the village and caters for local people, and welcomes children; vii. It is hoped that Snails will also attract customers from further afield, bringing new life into the area; viii. Snails are very involved in community events in Rhiwbina, supporting the local church, Beulah United Reformed, Rhiwbina Festival and charity events; ix. Snails needs support not unreasonable restriction; x. Any residential purchaser moving into the village would make legal enquiries which would show non-residential land use to the main highways including Beulah Road. This is the nature of the suburban mix and one of its obvious attractions and benefits; xi. Considers that parking would not be an issue as most of the custom would arrive by foot. xii. Considers that the customers of Snails, a high quality café, would not be rowdy or badly behaved when leaving the premises in the evening;
10 xiii. Concern that locals have received a letter trying to elicit objections to Snails and comments that it does not represent the views of locals at all and that there are many in favour of the proposals.
8. ANALYSIS
8.1 The main issues are as follows:
i. whether the proposal would cause unacceptable harm to the living conditions of nearby residents, as a result of noise and disturbance both from within the premises and the outside dining area, and resulting from patrons and staff leaving the premises, particularly late at night; ii. whether the proposal would cause unacceptable harm to the living conditions of nearby residents, as a result of cooking smells; iii. whether the proposal would cause unacceptable harm to the living conditions of nearby residents, assessed in terms of privacy levels; iv. the acceptability of provision for waste management; v. whether the proposal would cause unacceptable harm to highway safety and the living conditions of nearby residents, particularly in terms of its consequences for on-street parking.
I Impact on neighbouring amenity as a result of noise and disturbance 8.2 The removal of condition 2, to allow the mixed shop/restaurant/gallery use throughout the ground floor, and the extension to the opening hours, proposed though the variation of condition 3, would be acceptable taking into consideration the following:
• The premises, including the rear garden, falls within the boundary of a local centre, as defined by policy 49 of the Local Plan, where there is an established mix of commercial uses; • It would not be reasonable for residents living in flats above commercial premises in local centres or for residents living immediately adjacent to local centres to expect to enjoy the same level of amenities as those persons living in an exclusively residential area; • The proposal’s location along a busy road, in close proximity to the busy junction with Pant Bach Road, one of the main approaches to the City Centre; • There are non-residential uses outside of the local centre, along Heol Y Bont, in close proximity to the dwellings which immediately adjoin the site. As a result, this part of Heol y Bont does not have the character of an exclusively residential area and experiences a higher level of noise and disturbance from users of the nearby takeaway, Scout hut and church community hall; • The soundproofing and fume extraction details submitted in discharge of conditions attached to pp.07/2357w are acceptable and have been implemented; • There is no objection from the Pollution Control service in relation to conditions 2 and 3; • The Pollution Control service have not received any formal noise complaints;
11 • Paragraph 4.5 of the ‘Restaurants, Takeaways and other Food and Drink Uses’ SPG has not generally been upheld on appeal by Planning Inspectors; • The recommended conditions relating to opening hours (restricted to those applied for), preventing amplified music outside the building, requiring patio doors which open onto the rear dining area to be closed after 7:30pm, and restricting the hours of use of the outdoor dining area will ensure that the amenities of neighbouring occupiers are adequately protected. Additionally, conditions attached to pp. 07/2357w – preventing amplified music inside the building, controlling noise from fixed plant and equipment on this site and controlling deliveries, will continue to apply and will also protect neighbouring amenity; • The proposed opening hours will contribute to the diversity of uses, and the vitality and viability of the local centre, as noted in representations received in support of the proposal.
In making this judgement account has been taken of the representations received. Particular consideration has been taken of the proximity to residential properties in the vicinity, including the two flats above 6-8 Beulah Road and adjoining dwelling, the lower ambient noise levels in the gardens to the rear of the premises, the likely noise characteristics, the fact that most activity in the local centre would cease after normal shopping/ business hours, that resident’s sensitivity to noise levels would be particularly high in the summer months when windows and the patio doors may be left open, resident’s experience of the tapas evening, and the need to minimise the adverse impact of noise without placing unreasonable restrictions on development, stated in national guidance.
8.3 Whilst there are concerns over the impact of the use of the external dining area on noise and disturbance, it would be difficult to sustain an objection to the use of the external dining area from 7:30am to 7.30pm, taking into consideration: • The premises, including the rear garden, falls within the boundary of a local centre, as defined by policy 49 of the Local Plan, where there is an established mix of commercial uses; • It would not be reasonable for residents living in flats above commercial premises in local centres or for residents living immediately adjacent to local centres to expect to enjoy the same level of amenities as those persons living in an exclusively residential area; • that ambient noise levels in local centres are normally higher during shopping/business hours; • the size and design of the external dining area (including set down and screening levels), • the proximity of the hall whose larger garden is open to the public, the scout hut and takeaway restaurant, which also generate noise and disturbance and which is not restricted to normal shopping/working hours; • the lack of objection from the Pollution Control service to use of the external dining area up until 7.30pm and notwithstanding the representations received.
12 8.4 However and notwithstanding the above considerations, the use of the external dining area from 7:30pm to 11pm, Monday to Saturday, would have an unacceptable impact on residential amenity, in relation to noise and disturbance, for the following reasons:
• The use would extend until 11pm, six nights a week, well beyond normal shopping/business hours associated with local centres, and to hours when noise levels are normally lower and sensitivity to noise is normally higher, as residents relax after work and go to bed, with young children generally being in bed during the early evening; • The noise from the customers would be likely to vary in volume, pitch and intensity, and would not merge into background noise levels normally associated with a local centre; • Noise and disturbance would be likely to be experienced beyond 11pm, as residents and patrons leave the premises and begin their journey home; • The noise from customers would be difficult to control via other noise legislation and by means other than operating hours; • The Pollution Control service have advised that the external dining area should be closed from 7:30pm.
8.5 As a result, a condition is recommended to require that the external dining area shall not be open to the public from 7.30pm Monday to Saturday or at any time on Sundays, and that the patio doors to the rear of the premises remain closed between 7.30pm – 7.30am Monday to Saturday, and at any time on Sundays.
II Impact on neighbouring amenity as a result of cooking smells 8.6 Notwithstanding the representations received, the proposal would not have an unacceptable impact on air pollution, notably from cooking odours, taking into consideration the fact that fume extraction details submitted in discharge of conditions attached to pp.07/2357w are acceptable and have been implemented, and that there is no associated objection from the Pollution Control service.
III Impact on neighbouring amenity as a result of harm to privacy levels 8.7 Whilst noting the comments from objectors, notably that privacy would be harmed by customers inside and outside the building looking into rear windows and gardens of adjacent and nearby dwellings, there would not be any unacceptable harm to neighbouring amenity, in relation to privacy levels, taking into consideration the separation distances involved, and the size and design of the external dining area.
IV the acceptability of provision for waste management and impact on neighbouring amenity 8.8 Notwithstanding the representations received, the proposal would not be unacceptable in terms of provision for waste management, taking into consideration the fact that refuse storage details submitted in discharge of conditions attached to pp.07/2357w are acceptable and have been implemented, and that there is no associated objection from Waste Management in relation to the amended proposals.
13
V Highway safety 8.9 The proposal would be acceptable in terms of its impact on highway safety and on-street parking, taking into consideration the lack of objection from the Operational Manager Transportation. With regards the recommendation that provision be made for cycle parking, it is acknowledged that cycle parking was not required under pp. 07/2357w and that it would be difficult to demonstrate a material increase in cycle parking requirements that justified a condition requiring cycle parking in relation to the current proposal.
8.10 The following responses are made in relation to the objections received:
General concerns i. the premises and its rear garden lie within a local centre, as defined by the local plan and the proposal is considered acceptable for the reasons noted above, subject to the recommended conditions; ii. the impact on noise and disturbance is considered in section 8 above; iii. the impact on noise and disturbance is considered in section 8 above.
Extension of dining area Harm to residential amenity iv. this issue is considered in section 8 above; v. this issue is considered in section 8 above.
Extension of opening Hours Harm to residential amenity vi. this issue is considered in section 8 above; vii. this issue is considered in section 8 above.
Use of outside dining area Harm to residential amenity viii. this issue is considered in section 8 above; ix. the design of the garden area is considered acceptable in terms of residential amenity ; x. this issue is considered in section 8 above; xi. the proposal accords with local and national policy, subject to the recommended conditions for the reasons set out in section 8 above.
Highway and access matters xii. impact on highway safety and parking is considered in section 8 above; xiii. there is no objection from the Operational Manager Transportation; xiv. this is a private legal matter.
Waste matters xv. provision for waste management is considered in section 8 above; xvi. Snails have entered into a commercial waste agreement; xvii. The condition relating to refuse storage attached to pp. 07/2357w has been fully discharged; xviii. provision for waste management is considered in section 8 above; xix. provision for waste management is considered in section 8 above.
14
Other concerns xx. this point is noted, but the current proposal is considered acceptable for the reasons noted above; xxi. the applicant is certainly seeking greater flexibility but the application considered to be acceptable for the reasons noted above; xxii. this issue is considered in section 8 above; xxiii. planning permission or other agreement under part VIIA of the Highways Act has not been granted for the placement of tables and chairs on the pavement outside the premises; xxiv. the impact on the privacy of neighbours is considered acceptable for the reasons noted in section 8 above; xxv. the current application seeks to regularise the breaches of planning permission 07/2357w; xxvi. whilst the Council has not taken formal enforcement action, advice on the extent of planning permission 07/2357w has been provided and an application subsequently submitted to regularise the breaches; xxvii. previous planning application was considered acceptable subject to conditions and the current application submitted to regularise the breaches; xxviii. the position and issues relating an alcohol license is set out in section 8 above; xxix. this is a private legal matter; xxx. this is conjecture and planning permission may not be needed, depending on the nature of the proposal; xxxi. this is not a material planning consideration; xxxii. it is a well established principle of development control that each application should be determined on its own merits; xxxiii. there are not material planning considerations; xxxiv. this point is addressed in section 8 above.
8.11 In response to the representation from Cllrs Cowan and Jones, consultation on the amended plans was undertaken and that the report has been duly taken to Planning Committee with the request for a site visit noted. A condition is recommended to prevent use of the external dining area beyond 7.30pm.
8.12 The proposal has been assessed against the policy cited above and the material matters raised have been considered. In the opinion of officers it is compliant with the objectives of the policy cited and will not result in an unreasonable impact upon the living conditions of nearby residents, highway safety, and waste management, subject to the recommended conditions, including a condition to prevent the use of the outside dining area from 7.30pm onwards.
15 16 17 18 LOCAL COUNCILLORS’ OBJECTIONS
COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/00407/W APPLICATION DATE: 20/03/2009
ED: RHIWBINA
APP: TYPE: Full Planning Permission
APPLICANT: Mr Yapp LOCATION: 20 ERW WEN, RHIWBINA, CARDIFF, CF14 6JW PROPOSAL: ERECTION OF ATTACHED HOUSE ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the Local Planning Authority.
An Arboricultural Method Statement (AMS) setting out the methodology that will be used to prevent loss of or damage to trees. It shall include details of on site monitoring of tree protection that shall be carried out throughout the development.
A Tree Protection Plan in the form of a scale drawing showing the finalised layout and those tree protection methods detailed in the AMS that can be shown graphically.
The development shall subsequently be carried out in conformity with the approved proposals, and in particular no work on site shall be done other than at the stages set out in the AMS. Reason to ensure the protected trees are not affect by the development in accordance with policy 11 of the adopted City Of Cardiff Local Plan (1996) and advice contained in the adopted ‘Trees and development ‘ Supplementary Planning Guidance (March 2007). Reason: To ensure the protected trees are not affected by the development in accordance with policy 11 of the adopted City of Cardiff Local Plan (1996) and advice contained in the adopted ‘ Trees and development’ supplementary planning guidance (March 2007)
3. The parking spaces shown on approved plan numbered AYX7/7 , one for the new dwelling and two for 20 Erw Wen, shall be maintained at all times and shall not be used for any purpose other than the parking of vehicles.
19 Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway, in accordance with policy 17 of the Cardiff Local Plan and policy .57 of the deposit Cardiff Unitary Development Plan.
4. No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area, in accordance with policy 11 of the adopted City of Cardiff Local Plan (1996).
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order no windows shall be inserted in the south west elevation. Reason : To ensure that the privacy of adjoining occupiers is protected, in accordance with policy 11 of the adopted City of Cardiff Local Plan (1996) and advice contained in the Adopted Residential Design Guide Supplementary Planning Guidance.
6. A solid screen fence, of minimum height 1.8 metres shall be retained at all times along the south west boundary of the site. Reason: In order to preserve privacy of the occupiers of the adjacent property, in accordance with policy 11 of the adopted City of Cardiff Local Plan (1996) and advice contained in adopted ‘Residential Design Guide’ Supplementary Planning Guidance
RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
20 Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: The applicant be advised that no access gates should open directly over the adopted footway adjoining the site.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This full application seeks permission to erect an end of terrace, gable end, bay fronted, two bed-roomed dwelling with a rear lean–to extension and one parking space to the front.
1.2 The proposed dwelling would be set back from the traditional building line of the terrace street scene by 2.2 metres and project 2.2 metre from the rear elevation of 20 Erw Wen.
1.3 The rear garden would have an area of approximately 171m² and be divided from the existing garden of 20 Erw Wen by a 1.8 metre high fence.
1.4 The materials to be used are facing brick, slate roof and Upvc windows and fascia to match the existing terrace.
1.5 The plans also indicate that the hipped roof of 20 Erw Wen will be extended to form a gable end.
1.6 The application was withdrawn from the June planning committee to assess the flooding which occurred on the 6th June, 2009.
1.7 The agent’s response to the flooding of the 6th June is as follows:
I do not believe that a flood consequence assessment (FCA) is the solution as this normally revolves around the safety issues and with a two storey development there effectively are none. The flood itself actually barely came to the threshold of the existing house so there was no safety issue anyway. I reiterate that the ground is at high level and the problem is one of drainage capacity in these severe circumstances. This occurs from time to time in several parts of the City. I believe this issue should not prevent the development as there are no safety issues to justify a refusal. The agent also points out that the side utility room is approximately 200mm lower than the main dwelling.
2. DESCRIPTION OF SITE
2.1 The application site encloses 402m² which forms part of the garden of 20 Erw Wen and used to have a detached garage on part of its area. Access to the
21 site is from the head of the adjoining cul-de-sac. The application was reported to committee on the 12th August, 2009 and deferred for a site visit which occurred on the 7th September, 2009.
2.2 The site is bordered by protected trees running the full length on its north eastern boundary (73/A4 City of Cardiff, Rhiwbina TPO 1976). These trees are outside the ownership of the applicant and form part of a tree corridor running down the adjoining Rhydwaedlyd Brook. The plot is enclosed by a 2 metre high wall on its southern boundary, with a 1 metre high fence on its western boundary and a 2 metre high fence on its northern boundary.
2.3 The site is outside a designated flood plain, as defined by Technical Advice Note 15 (Development and Flood Risk).
2.3 The site is not located within a conservation area nor are any of the affected building listed. The adjoining Rhydwaedlyd Brook is designated as a SNCI (reference SNCI 102)
3. SITE HISTORY
3.1 08/01899/W : Small bungalow – refused – 03/10/08.
3.2 08/01103/W : Small bungalow –withdrawn – 07/08/08.
3.3 08/00356/W : Bungalow – refused – 04/04/08.
3.4 07/00356/W : Detached house – refused.
3.5 07/02382/W : Side extension – approved.
3.6 89/01467/N : Kitchen extension – approved on appeal.
4. POLICY FRAMEWORK
4.1 Sec 197 Town and Country Planning Act 1990 places a duty of the local planning authority:
(a) to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees;
4.2 Planning Policy Wales (2002).
4.3 Ministerial Planning Policy Statements: 01/2006 (Housing), 01/2008 (Planning for Good Design) and 01/2009 (Planning for Sustainable Building).
4.4 Technical Advice Notes (TAN): 10 (Tree Preservation orders), 12 (Design), 15 (Development and Flood Risk) and 18 (Transportation).
4.5 Welsh Office Circular: 35/95 ‘The Use of Conditions in Planning Permissions’.
22 4.6 South Glamorgan (Cardiff Area) Replacement structure Plan 1991-2011:
MV11 (Parking), C7 (Woodland and Hedgerows)
4.7 City of Cardiff Local Plan (1996):
8 (Nature Conservation or Geological Value), 9 (Development in areas at risk of flooding), 11 (Design and Aesthetic Quality) and 17 (Parking and Servicing).
4.8 Deposited Cardiff Unitary Development Plan (2003): 2:20 (Good Design), 2:43 (General Landscape Protection) and 2:45 (Trees, Woodland and Hedgerows).
4.9 The following policies from the Cardiff Deposit Local Development Plan (April 2009) are also of relevance:
Policy SD2 (Sustainable Drainage), SD3 (Flood Risk)
4.9 Adopted Supplementary Planning Policy Guidance:
Residential Design Guide (March 2008), Trees and Development (March 2007), Waste Collection and Storage Facilities (March 2007), Access, Circulation and Parking Requirements (June 2006) and Biodiversity (June 2006).
5. INTERNAL CONSULTEE RESPONSES
5.1 Strategic Planning Manager (Trees) states: Although the roof line of the proposed development may conflict with the lowest branch of an overhanging alder, the conflict will be very minor, and not sufficient to necessitate heavy pruning likely to destroy the health or amenity value of the tree. Branches will be able to grow either side of the pitched roof, and branches will be well above window level. Minor pruning would encourage branches to grow upwards, away from the roof.
Traditional foundation construction, and excavation to construct the car-park space fronting the extension, could cause significant harm to tree roots that may be present beneath the existing concrete slab. Consequently, it is important that foundation construction follows a methodology similar to that detailed in the letter by Jerry Ross. Consequently a condition will be required.
5.2 Operational Manager (Transportation): No objections subject to conditions to retain parking as one space for the new dwelling and two for 20 Erw Wen. The applicant should also be aware that no gates should open over the adopted highway.
5.3 Chief Highways and Waste Officer (Drainage) Raises no objection, in principal. With regards to the flooding on the 6th June, the Drainage Officer makes the following Comments: Its been confirmed that on the weekend 6
23 June 2009, Cardiff experienced a 1 in 45 year rainfall event with 78mm of rainfall recorded. Given the shear volume of rainfall in such a short period of time the local drainage systems could not cope, this includes the ordinary watercourses, public sewers and highway drains.
Surface water sewers are generally designed not to flood up to a 1 in 30 year design storm but given the age of the properties in this area it may be less. However during extremely wet weather the capacity of the surface water sewers may be inadequate, even though they have been designed for a certain storm period.
On the above weekend I believe it was an accumulation of all the drainage systems not being able to cope with the rainfall. The Rhydwaedlyd Brook was at high level meaning the surface water sewers could not discharge into the brook and the sewers not being designed to cope with the volume of run off. The surface water run off from the roofs, paved areas and highways, together with the volume of water within the brook caused the area to flood. This was not the only location around Cardiff that experienced similar flooding and for the same reasons.
The Council do not have any "flood maps" like the Environment Agency (EA) to point at local areas considered to be at flood risk. I believe this particular area is not indicated on the EA flood maps so is not considered an area at risk from flooding (EA confirmation required). However from local knowledge and recent photographs it clearly is an area that floods, again like many areas around Cardiff.
The proposed dwelling would act as an obstruction in future flooding events as it is located at a low point within the area that the flood water appeared to flow into the brook from Erw Wen, and it would obviously flood like No.20 given the ground floor levels of the property
5.4 Chief Highways and Waste Officer ( Waste) : No objections.
5.5 Chief Strategic Planning and Environment Officer ( Pollution Control) raise no objections.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Environment Agency: Raise no objections and respond to the flooding of the 6th June as follows: Having considered the email sent by the Local Authority's Engineers Department. We are satisfied that the flooding issues relate to a surface water drainage issue and would offer no objection from a flood risk perspective
7. REPRESENTATIONS
7.1 Three adjoining neighbours have been notified and objections have been received from 4 Erw Wen, 6 Erw Wen ,14 Erw Wen, 17 Erw Wen and 18 Erw Wen, who object for the following reasons:
24
• Parking – all the objectors raise this as a concern, they all state that the road is narrow and experiences on-street parking congestion which would be exacerbated by the proposal. Questions are raised over construction traffic blocking the road. • Trees – all objectors state that the applicant has removed significant numbers of trees to ensure that he can get a sufficient development area in. The objectors believe that this scheme would still adversely affect the protected trees. • Context of the street scene – all the objectors believe that the set back from the front elevation results in a form of development that is out of keeping with the traditional terraced street scene. • Privacy and outlook for future occupiers – all the objectors believe that given the trees to the north would result in the garden being in shadow resulting in neither the proposed house or the existing (20 Erw Wen) having a decent amenity in terms of outlook or useable garden. • All the objectors consider this scheme to be greedy and opportunistic which should be opposed by the Council. • The owner of 17 Erw Wen (neighbour on opposite side of the road) raises other objections on grounds that the area has flooded in the past and this development would put other properties at risk from flooding. They also believe that some of the land is under the ownership of the Council. • The owners of 18 Erw Wen (neighbouring property to the south west) raise additional objections that the rear garden of 20 Erw Wen is often waterlogged. In fact, in 1999, the nearby brook broke its banks. This raises serious concerns for these owners who are concerned of the risk of flooding. The area is currently quiet in nature. They believe this scheme would result in excessive noise form the cars and general house into their back garden. They would also point out that the rear of the application site cannot be accessed from the rear lane as this is under the ownership of the objector. • A number of properties on Erw Wen have submitted photographs, which show the level of the flooding that occurred during the weekend of the 6th June, in relation to the application site and to the street as a whole (four of these photographs have been attached) and residents raise the question that given this evidence how the planning authority could approve the proposed dwelling?
7.2 Local Councillors Cowan and Jones object to this application on the following grounds:
• Over development of the site. • The additional proposed house would spoil the uniformity of design of the houses in the street. • Additional pressure on an already exceptionally congested road. • Unneighbourly development. • Flooding
25 7.3 Representations received upon the 12th August committee report.
Number 18 Erw Wen makes the following points: Officers have misunderstood and disregarded the objection to the previous representation. Her concern is that a new building along side no 20 would reduce the escape route for water by acting as a choke; this would increase the damage to adjoining properties in the event of a flood. In her view the council has a reasonability to minimise the risk of future flood damage by stopping this development.
Number 14 Erw Wen states the following: The objector does not agree with the agents observations and states that “It is not whether or not there is a risk of the new building being at risk of flooding but rather whether the construction of the new dwelling poses additional flood risk, being planned so close to the edge of the brook and creating larger areas of hard surfaces rather than retaining an area of flood plain where surface water would have an opportunity to soak away into natural ground. Further more he does not accept that assertion by the council that it is simply an event or an act of God but it is the management of the deluge that must be in the minds of the relevant agencies”
8. ANALYSIS
Officers note the objections and considered the following to be the key issues:
8.1 Impact upon the street scene : It is noted that the proposed dwelling would be set back from the rest of the terrace. This is required to ensure that there is no conflict with the adjoining protected trees, most notably the Alder; this set- back is not considered to adversely affect the character of the area given that the site is located at the head of the cul de sac thus resulting, in visual terms, of a relatively unaltered view of the terraced street scene.
The frontage of the proposed development would be 5.5 metres. This is consistent with the frontages of the existing properties which are 5.5 metres. This design also respects the traditional form of bay window, therefore resulting in a form and design which is consistent with the area.
The use of materials are considered to accord with the character of the area and have been conditioned for samples to be approved
8.2 Parking and Highway Safety : Comments on parking are noted, with many residents concerned over additional parking on what they describe as a tight cul-de-sac. However, the Council’s Highways Engineer is satisfied that the development would not prejudice the safety of the highway and raises no objection to the proposed parking as it accords with adopted parking guidelines. The proposed parking has been conditioned to ensure compliance with the adopted guidelines.
8.3 Impact upon the amenity of adjoining properties : It is considered by officers that the proposed development would not affect the amenities of the adjoining property at 20 Erw Wen given that any shadow cast would be in the morning
26 and would fall up on the existing lean-to extension. In terms of privacy, a condition has been imposed to ensure there are no windows on the south west elevation and that a 1.8 metre high fence is retained along the whole length of the boundary. This, officers believe, would ensure that the property at 20 Erw Wen is not unreasonably affected.
To the rear boundary the properties on Lon Y Rhyd are some 30 metres window – to window, which exceeds the adopted guidelines distance of 21 metres and they are divided by an existing 2 metre boundary fence. Officers believe that this scheme would not unreasonably affect the privacy or amenity of those properties on Lon Y Rhyd.
8.4 Drainage and Flooding: Residents have raised concerns over flooding from the adjoining brook, which flooded some twenty years ago, and did so again on the 6th June. The area is not within an area designated as a flood plain, as guided by TAN 15, and both the Council’s Drainage Officer and the Environment Agency raise no objections to the scheme, even after the flooding of the 6th June, 2009. Therefore, it is considered that refusal on flooding or drainage are not sound grounds for refusal. The agent states that the existing house did not flood, officers are unable to verify that claim but if the house did flood the residents would have a point of safe refuse in the upper floors and there is no greater risk than the existing properties in the street.
8.5 Impact upon the protected trees: This has been the single most important issue the developer had to overcome in the face of previous refusals. The trees to the north of the site enjoy tree preservation orders and, as such, they have a high amenity value for the area. It is considered by officers that, subject to conditions, this scheme would not harm those protected trees given that their roots would have been guided away from the dwelling by the concrete foundations from the former detached garage.
The other major issue is the effect the trees would have on any building in close proximity to them. Whilst officers consider that there will be limited conflict between the two, some limited pruning of lower limbs may be required. The Council’s trees officer raises no objections, subject to a condition requiring a method statement of the proposed works. This principal was accepted with the approval of a two storey side extension (planning reference 07/02382/W).
8.6 Previous schemes : The objectors have rightly pointed out the previous schemes have been refused, these have all been for a bungalow form of development located towards the rear of the site, which officers considered unacceptable for a number of reason. The scheme before the Committee is considered, on balance, to be compliant with the objectives of the policies cited and will not result in an unreasonable impact upon residential amenity of the occupants and neighbours visual amenity of the area, highway safety or any other material matter, subject to the conditions recommended above.
27 8.7 Comments from objectors on the 12th August, 2009 report:
Officers note the comments from number 18 Erw Wen, however, given the professional advice of both the council’s Drainage Section and the Environment Agency, officers believe that whilst flooding has occurred, these were extreme circumstances and a single dwelling in this location would not demonstrably increase the risk to future occupiers or the wider public to such an extreme to warrant refusal.
28 29 30 31 32 33 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/943/W APPLICATION DATE: 18/06/2009
ED: CAERAU
APP: TYPE: Full Planning Permission
APPLICANT: Forge Care Homes Limited LOCATION: Former Forge Garage, Cowbridge Road West, Caerau, Cardiff PROPOSAL: CONSTRUCTION OF 76 BED NURSING HOME WITH ASSOCIATED CAR PARKING. ______
RECOMMENDATION: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 5.8 of the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans received on 17th July 2009 (drawings numbered C.04 and C.05) and 20th August 2009 (drawings numbered C.01A, C.02A and C.03A) attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. The proposed car parking and manoeuvring areas shall be laid out in accordance with the approved details before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.”
4. No development shall take place until details showing the provision of 8 no. sheltered and secure cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being brought into beneficial use and thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose.
34 Reason: To ensure that adequate provision is made for the secure parking of cycles in accordance with policy 18 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.
5. No obstruction to vision exceeding one metre in height shall be placed within the visibility splay defined on the approved plans. Reason: To ensure that the use of the proposed access does not interfere with the safety and free flow of traffic passing along the highway abutting the site, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.
6. Prior to the commencement of development a scheme of construction management shall be submitted to and approved in writing by the Local Planning Authority, to include details of construction traffic routes, site hoardings, site access and wheel washing facilities. The construction shall be managed strictly in accordance with the approved scheme. Reason: In the interests of highway safety and public amenity, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.
7. No gates shall be erected to the proposed vehicular access. Reason: To ensure that the use of the proposed access does not interfere with the safety and free flow of traffic passing along the highway abutting the site, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.
8. The existing access to the site shall not be used and shall be permanently closed before the development is brought into beneficial use in accordance with details to be submitted to and approved in writing by the Local Planning Authority before development commences. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.
9. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan.
35 10. Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external road traffic noise in excess of 63 dBA Leq 16 hour [free field] during the day [07.00 to 23.00 hours] or 57 dBA Leq 8 hour [free field] at night [23.00 to 07.00 hours] shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from :
1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to 2) a lower rate of between 10 and 17 litres per second against zero back pressure.
No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Gardens shall be designed to provide an area which is at least 50% of the garden area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field]. Reason: To ensure that the amenities of future occupiers are protected in accordance with policy 2.64 of the deposit Cardiff Unitary Development Plan.
11. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority . Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.
12. Any topsoil (natural or manufactured) or subsoil to be imported shall be assessed for chemical or other potential contaminants in accordance
36 with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.
13. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.
14. No development shall take place until details of the means of site enclosure have been submitted to and approved by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.
15. No development shall take place until a scheme for the illumination of the site has been submitted to and approved in writing by the Local Planning Authority, and the approved scheme shall be implemented before the development is brought into beneficial use and shall be thereafter maintained.
37 Reason: In the interests of crime prevention and safety, in accordance with policy 19 of the Cardiff Local Plan and policy 2.57 of the deposit Unitary Development Plan.
RECOMMENDATION 2: The developer is advised that details required by condition 8 above relate to the reinstatement of the footway over former dropped crossovers and creation of a splay at the entrance. This will require extensive footway construction prior to the commissioning of the development. Liaison with John Haines (tel 02920 785240) of Highways Operations should take place to arrange an agreement as to the specification of the works.
RECOMMENDATION 3: The applicant is advised that public transport and non-car mode information should be provided for staff and visitors to help mitigate against trip generation from the onset of beneficial use of the development.
RECOMMENDATION 4: This development falls within a radon affected area and may require full radon protective measures.
RECOMMENDATION 5: The contamination assessments and the effects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 6: To protect the amenities of occupiers of other premises in the vicinity, attention is drawn to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800 - 1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on
38 Sundays or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 7: The developer is advised that foul and surface water discharges must be drained separately from the site and that no surface water or land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system. The developer is advised that it may be possible to control surface water on the site via Sustainable Urban Drainage techniques and that the use of such techniques should be fully investigated before connection of surface water to the public sewerage system is considered. The developer is advised to contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155 to discuss this matter.
RECOMMENDATION 8: The developer may be required to contribute under sections 40 - 41 of the Water Industry Act 1991 towards the provision of new off-site and/or on-site water mains and associated infrastructure. Detailed site layout plans should be sent to New Connections Design Department, Players Industrial Estate, Clydach, Swansea SA6 5BQ.
RECOMMENDATION 9: A trunk/distribution water main crosses the application site. Under the Water Industry Act 1991, Dwr Cymru Welsh Water has rights of access to its apparatus at all times. It may be possible for the water main to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Full planning permission is sought for the erection of a 76 bed nursing home with associated car parking. Planning permission was previously granted for the erection of two 3 storey blocks containing 32 flats, one block facing towards Cowbridge Road East and one located at an angle to that block, at the rear. That development was begun but it is now proposed to link the two blocks, create a fourth storey in the roof space and to use the development as a nursing home rather than flats.
1.2 The building would be finished in red brick, buff brick, smooth render and timber cladding and would have a mansard style roof finished with blue black cement fibre slates.
2. DESCRIPTION OF SITE
2.1 The site covers approximately 0.3 hectares and lies on the southern side of Cowbridge Road West, with existing housing to the west, south and south- east and on the opposite side of the road. To the north-east is an industrial building currently occupied by a sign manufacturer.
39 3. SITE HISTORY
3.1 96/1534/R - New sales building and drive-through takeaway facility, new link canopy, new underground storage tanks etc. Refused.
3.2 04/234/R - Residential development of 18 flats in two blocks with associated car parking, bin store and amenity facilities. Granted subject to Section 106 obligation that was not resolved.
3.3 06/118/W - 32 residential flats in two blocks with associated car parking etc. Granted.
4. POLICY FRAMEWORK
4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 - 2011:
EV1 (Towards sustainable development); MV1 (Location of New Developments); MV2 (Commuted Payments); MV11 (Parking); H4 (Special Housing Provision)
4.2 Cardiff Local Plan:
11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians); Supplementary Planning Guidance - Access, Circulation and Parking Requirements (June 2006); Cardiff Residential Design Guide (March 2008); Waste Collection and Storage Facilities (March 2007)
4.3 Deposit Cardiff Unitary Development Plan:
2.20 (Good Design); 2.24 (Residential Amenity); 2.57 (Access, Circulation and Parking Requirements); 2.74 (Provision for Waste Management Facilities in Development).
4.4 National Guidance:
Planning Policy Wales (2002): 2.5.3: Local planning authorities should assess the extent to which developments are consistent with minimising the need to travel and increasing accessibility by modes other than the private car.
40 M.I.P.P.S. 01/2006 - Housing: 9.1.1: The Assembly Government will seek to ensure that new housing and residential environments are well designed, environmentally sound and make a significant contribution to promoting community regeneration and improving the quality of life. 9.2.6: Maximising the use of appropriate previously developed land for housing development can assist regeneration and relieve pressure for development on greenfield sites. 9.2.12: Higher densities should be encouraged on easily accessible sites where appropriate but these will need to be carefully designed to ensure a high quality development. Local authorities should adopt a flexible approach to car parking standards. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an area’s character and amenity. 9.3.4: Where high densities are proposed, the amenity of the scheme and surrounding property should be carefully considered.
M.I.P.P.S. 01/2008 - Planning for good design: 2.9.8: Visual appearance, scale and relationship to surroundings and context are material planning considerations.
Technical Advice Note 12 (Design): 5.11.3: The design of housing layouts and built form should respect local context and distinctiveness.
5. INTERNAL CONSULTEE RESPONSES
5.1 Chief Officer Strategic Planning and Environment (Urban Design):
The amendments are acceptable in resolving the concerns raised by the previous plans, which were that the proposal was considered to be very bulky in scale and massing in relation to the site context and particularly to the scale of development surrounding the rear of the proposal. There will be a reduced impact in relation to the properties on Cyntwell Crescent and the scheme will be more similar in scale to the current approved scheme on the site.
5.2 Chief Officer Strategic Planning and Environment (Land Use Policy):
The application site falls within an existing residential area as defined by the City of Cardiff Local Plan. Planning permission to construct 32 residential flats was granted in 2006. Whilst work has begun on the construction of the flats, due to the depressed state of the market, the applicants are seeking to extend and use the proposed building as a 78 bed nursing home. Policy 26 of the Local Plan states that community uses appropriate within a housing area are generally acceptable in principle.
41 5.3 Policy HSC 3 of the Deposit Local Development Plan recognises that a range of community uses are appropriate and necessary, in principle, within residential areas, including residential homes and permits such uses where there would be no unacceptable impact on residential amenity.
5.4 Subject to residential amenity considerations, the application raises no land use policy concerns.
5.5 Operational Manager Transportation:
No objection to the proposal subject to conditions requiring the retention of parking within the site, provision of cycle parking as per the approved drawing, retention of visibility splays within the defined area, a scheme of construction management, no gates to be erected to the vehicular access and closure of the existing access.
5.6 The developer should liaise with Highway Operations regarding the reinstatement of the footway.
5.7 The applicant is advised that public transport and non-car mode information should be provided for staff and visitors to help mitigate against trip generation from the onset of beneficial use of the development.
5.8 A Public Transport contribution should be secured for the sum of £6,240 (inclusive of the 4% statutory fee) to provide two CCTV cameras on Cowbridge Road West, to be secured through a S106 Agreement. (This figure is on the basis that £6,120 has previously been secured from the developer on this site under planning permission 06/00118/W).
5.9 Chief Officer Highways and Waste Management (Drainage):
No reply to consultation.
5.10 Chief Officer Culture, Leisure and Parks (Parks Services):
No comments to make as nursing homes are exempt from policy 31 and the requirement to provide recreational open space.
5.11 Chief Officer Strategic Planning and Environment (Pollution Control):
Standard conditions and recommendations relating to road traffic noise, construction site noise, contaminated land, imported soil and aggregates, radon gas protection, and contaminated/unstable land.
5.12 Chief Officer Highways and Waste Management (Waste):
42 Current plans showing refuse storage are acceptable.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Cardiff Bus:
No reply to consultation.
6.2 Police Architectural Liaison Officer:
Comments are confined to general building security and car park layout, which has yet to be started. We would recommend that where possible features such as doors and windows comply with new build Secure by Design Standards.
Doors All entrance doors should be constructed and fitted certified to at least PAS 24-1:1999 ‘Doors of enhanced security’. Where emergency exit doors are fitted they should be certified to EN 179:1998 Building with emergency exit (hardware)-Building Hardware- Emergency exit devices operated by lever handle or push pad- requirement and test methods.
Windows Ground floor windows or those easily accessible above ground, should be certified to BS 7950:1997 Specifications for enhanced security performance casement and tilt/turn windows for domestic applications’.
Lighting I note no lighting plan was included but access road and parking areas should be lighted to comply with BS5489 and should ensure even light patterns with avoiding creating dark shadow areas.
Bin Store The bin store is currently located to front of development far away from the kitchen area to the rear of the development where most rubbish is likely to be generated, it is suggested this be replaced with a parking area and bin store located opposite kitchen area (elevation AA and against boundary fence).
Lock up Bike Shed Suggest this is moved to corner of site at junction of boundary fences of elevations AA and BB.
Parking Parking spaces 5 and 6 furthest inside site be sacrificed to create a safe vehicle turning area. Turning area opposite main entrance be changed to create 3 additional parking spaces. This increases parking capacity on site to
43 20 spaces and if designated staff car parking is placed to rear of site, this will increase vehicle/ pedestrian traffic and natural surveillance.
Boundary fence This should be close boarded timber with no exterior climbing aids to min height of 1.8 metres to site boundaries elevations AA/BB/DD. The gap between building and perimeter boundary fence to front of DD elevation should be secured by fencing or gate to same height.
Entrance to site Differential road surface by means of surface type colour and rumble strip to differentiate between public and private space.
6.5 Welsh Water:
Foul and surface water discharges should be drained separately. No surface water shall be permitted to drain to the public sewerage system unless otherwise agreed by the local planning authority; land drainage run-off shall not be permitted to discharge, either directly or indirectly, to the public sewerage system. A scheme for the comprehensive and integrated drainage of the site must be approved before development commences. No problems are envisaged with the waste water treatment works for the treatment of domestic discharges from this site. A water supply can be made available. The site is crossed by a trunk/distribution water main, which it may be possible to divert.
6.4 Western Power Distribution:
Have provided details of the location of their apparatus.
7. REPRESENTATIONS
7.1 The application was advertised by site notice and neighbour notification. Two letters have been received from residents of Caerau Park Crescent and Cowbridge Road West, objecting to the proposals on the following grounds:
1) The building is too tall and overbearing; 2) Loss of light; 3) Loss of privacy; 4) There will be a wind tunnel between the buildings; 5) Insufficient parking provision; 6) Disturbance from building works.
44 8. ANALYSIS
8.1 Planning permission has been granted for the erection of two blocks of flats on this site in almost the same location and of the same height as the proposed nursing home. The current application differs from the approved scheme in that the design of the buildings has been changed slightly and the footprint of the block to the rear of the site has been increased in size and the rear block has been linked to the block at the front.
8.2 The difference in the design details of the current and approved buildings is not considered to be significant: for example, the elevation fronting Cowbridge Road West no longer has entrance doors but has shallow gables to the full height of the building.
8.3 The changes to the footprint of the rear block are also considered acceptable. Although the rear block has been brought closer to the dwellings on Cyntwell Crescent by around 7m, the upper floors have been set back in order to reduce the impact of the difference in scale between the proposed development and existing buildings.
8.4 With regard to the objections received:
1) The building is no taller than that which already has planning permission and it is prevented from being unduly overbearing by setting back the upper floors of the rear block; 2) It is not considered that the increase in the size of the building will result in a significant additional loss of light to neighbouring dwellings, particularly as the nearest residential properties are to the south and south east of the site; 3) The nearest dwellings will be around 23m from habitable room windows of the proposed building, which is generally accepted as an adequate distance for the maintenance of privacy; 4) It is not possible to confirm whether a “wind tunnel” would be created between the buildings; 5) The Operational Manager, Transportation, is satisfied that adequate parking arrangements are shown on the plans; 6) Building works inevitably cause disturbance but this is for a temporary period only and matters of dust, noise etc would be controllable under Environmental Protection legislation.
8.5 In conclusion, there are no objections to the principle of the proposal and it is considered that the development would be acceptable in terms of its impact on visual and residential amenity, particularly given that planning permission has recently been granted for a very similar scheme.
45 46 47 PETITIONS AND LOCAL MEMBER OBJECTION
COMMITTEE DATE: 12/08/2009
APPLICATION No. 09/978/W APPLICATION DATE: 09/06/2009
ED: PENTYRCH
APP: TYPE: Full Planning Permission
APPLICANT: Cardiff County Council LOCATION: YSGOL GYNRADD GWAELOD Y GARTH, MAIN ROAD, GWAELOD-Y-GARTH, CARDIFF, CF15 9HJ PROPOSAL: INSTALLATION OF A DOUBLE DEMOUNTABLE CLASSROOM ON EXISTING SCHOOL GROUNDS INCLUDING CONTINUOUS SERVICES ______
RECOMMENDATION: That planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. The building hereby permitted shall be removed from the site and the land restored to its former condition on or before 01JAN 2015 in accordance with a scheme of works which shall be submitted to and approved by the local planning authority prior to the commencement of development. Reason: The building proposed is of a temporary type and its long term retention could detract from the appearance of the area
3. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the Local Planning Authority. An Arboricultural Method Statement (AMS) setting out the methodology that will be used to prevent loss of or damage to trees. A Tree Protection Plan in the form of a scale drawing showing the finalised layout and those tree and landscape protection methods detailed in the AMS that can be shown graphically. The development shall subsequently be carried out in conformity with the approved proposals, and in particular no work on site shall be done other than at the stages set out in the AMS. Reason: In the interests of visual amenity, in accordance with policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan.
48 4. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, any earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking and protection methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application. Reason: To enable the Local Planning Authority to determine that the proposals will maintain and improve the amenity of the area and to monitor compliance, in accordance with policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan.
5. The landscaping shall be carried out in accordance with the approved design and implementation programme submitted in discharge of condition 4. Any trees, plants, or hedgerows which, within a period of five years from the completion of the development, die, or are removed, or become seriously damaged or diseased, shall be replaced in the current planting season or the first two months of the next planting season whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain and improve the amenity of the area, in accordance with policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan.
6. No development shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.
7. The external walls of the building shall not be finished in accordance with the details of the colour shown on the approved plans but shall be finished in accordance with details that shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development Reason: To ensure that the finished appearance of the development is in keeping with the character and appearance of the conservation area, in accordance with policy 2.53 of the deposit Cardiff Unitary Development Plan.
49 8. No development shall take place until plans showing details of the proposed floor levels of any building in relation to the existing ground level and the finished levels of the site shall be submitted to and approved in writing by the local planning authority. The development shall be constructed and completed in accordance with the approved details. Reason: These details are not included with the application and are required to ensure an orderly form of development as standard; add “in accordance with policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan.”
RECOMMENDATION 2: A Travel Plan should be provided for the school and once approved this document should be implemented and monitored in accordance with the details contained within, in order to encourage more sustainable mode choices and promote sustainable transport options.
RECOMMENDATION 3: A summary of the Coal Authority’s standard advice is given:
The development lies in an area that could be subject to hazards arising from current or past coal mining. These hazards may include risk of ground subsidence or collapse, gas emissions, spontaneous combustion of coal and / or water emission.
You must take account of these hazards before your development proceeds, or any works of excavation and / or boring are carried out on the land. You must contact The Coal Authority Property Search Service on 0845 762 6848 or at www.groundstability.com to obtain site specific information to assess the risk of such hazards and subsequently seek suitable specialist advice as to how the risk from any hazard may be managed.
. RECOMMENDATION 4: The developer is advised that foul and surface water discharges must be drained separately from the site and that no land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Full planning permission is sought for the installation of a demountable building measuring 9.5m x 16.5m x 3.5m tall containing two classrooms, a lobby and toilets.
1.2 The building is to be constructed of plastisol coated steel sheeting, coloured light green, with UPVC window frames and doors. There will be ramped access to the lobby.
50 1.3 The application was originally reported to the Planning Committee on 12th August 2009 and was deferred for a site visit, which took place on 7th September 2009.
2. DESCRIPTION OF SITE
2.1 The site is at the eastern end of the school playing field, which lies between Main Road and School Lane. To the south and south west there are two demountable classrooms (one single and one double), a modern teaching block and the original school buildings. Adjacent to Main Road, but outside the school site, is the Gwaelod Y Garth village hall. The entrance to the school is on Main Road to the south of the village hall.
2.2 There are houses opposite the site on Main Road and to the north west, and one house to the south east on the opposite side of School Lane.
3. SITE HISTORY
3.1 05/02446/W - New external steps and associated handrail. Granted.
05/02445/W - As above (listed building consent). Granted.
04/01524/W - Internal alteration to main school building, insertion of sun pipes, demolition of outbuilding, new fencing, steps and handrail. Granted.
00/01143/W - Temporary (demountable) classroom unit and covered play area. Refused on the grounds that its design, materials and prominent siting in relation to Main Road would be detrimental to the character and appearance of the conservation area and the listed building, that the proposal would result in considerable short stay car parking at the entrance to the school and that it would increase on-street parking pressure in Main Road.
98/02012/W - Provision of a new timber framed classroom unit. Granted.
97/00257/W - Replacement of existing demountable unit with new demountable unit of similar size in same location. Granted.
97/00256/W - Replacement of existing demountable unit with new demountable unit of similar size in same location. Granted.
97/00255/W - Replacement of existing demountable unit with new demountable unit of similar size in same location. Granted.
T/88/154 - Mobile classroom unit. T/79/1610 - Toilet extension. T/74/324 - Mobile classroom.
51 4. POLICY FRAMEWORK
4.1 Mid Glamorgan County Structure Plan Incorporating Proposed alterations No.1 - LC13 (presumption against development likely to affect adversely the character of conservation areas).
4.2 Deposit Cardiff Unitary Development Plan – 1.A (General Principles for the Location of Development) 1.B (Achieving Good Design) 1.I (The Historic Environment) 2.20 (Good Design); 2.24 (Residential Amenity); 2.45 (Trees, Woodlands and Hedgerows); 2.51 (Statutory Listed Buildings); 2.53 (Conservation Areas); 2.57 (Access, Circulation and Parking Requirements).
4.3 The following policies of the deposit Cardiff Local Development Plan 2006- 2021 (April 2009) are of particular relevance: SP2 (High Quality Sustainable Design) SP7 (Built Heritage) SD1 (Sustainable Design) SD2 (Sustainable Drainage) HER4 (Trees, Woodlands and Hedgerows) HER10 (Conservation Areas)
4.4 Planning Policy Wales (2002):
6.1.2: Local authorities have an important role in securing the conservation of the historic environment while ensuring that it accommodates and remains responsive to present day needs. 6.5.7: Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have regard to the desirability of preserving the building, its setting or any special architectural or historic features it possesses. 6.5.15: if any proposed development would conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the granting of planning permission.
4.5 M.I.P.P.S. 01/2008 - Planning for good design: 2.9.8: Visual appearance, scale and relationship to surroundings and context are material planning considerations.
4.6 Welsh Officer Circular 61/96: Planning and the Historic Environment - Historic Buildings and Conservation Areas.
52 5. INTERNAL CONSULTEE RESPONSES
5.1 Chief Officer Strategic Planning and Environment (Conservation Group):
The setting of the listed building. The school site comprises the listed school building and various other buildings including a new permanent teaching block and two existing demountable classrooms. There is also a yard, playground and playing field. The site is set in a gentle hollow below the main road which defines the form of the conservation area.
5.2 The views of the listed school building are obscured from the road, though the gables and bellcote are still evident. The proposed position of the demountable classroom is set a reasonable distance from the listed school building and is not considered to affect its setting.
5.3 The conservation area. This part of the conservation area is characterised by the main road, the linear arrangement of houses overlooking the site and the wooded embankment. There are a number of building styles and periods represented in the area.
5.4 The installation of a new demountable classroom will not affect the open aspect of the main entrance or the enclosed tree/hedge lined feel to School Lane. Also, the proposal is set back on the site and is to be situated on an area of land that slopes down from Main Road reducing its visibility from the highway and impact on the conservation area. However, the terrace of houses known as Garth Villas do have an elevated view of this area of land and can at present see one of the existing demountable classrooms and the rear of the permanent teaching block and will have a view of the proposed classroom.
5.5 With regard to the effect the installation of a demountable classroom will have on the conservation area it is felt that it is a finely balanced judgement as to whether the proposal has a negative impact taking into account the existence of two demountable buildings one of which is clearly visible from the public highway. Also, as planning permission has been given in the past for demountable schoolrooms on the site, it is difficult not to justify a further classroom to meet the needs of the school.
5.6 However, when planning permission was granted for the permanent teaching block it was accepted that it allowed for the removal of temporary structures. The current proposal would undermine that enhancement. If, however, it is accepted that the need outweighs the impact the classroom would have on the conservation area and local context, then a temporary consent only should be offered. This is because the quality of the design and materials is not appropriate to the conservation area’s recognised historic setting.
53 5.7 Therefore, if it is minded to approve the application then consideration should be given to changing the proposed colour of the classroom to a colour which will blend with the natural landscape (green), possible landscaping scheme and reduction in size of the proposed classroom.
5.8 Chief Officer Strategic Planning and Environment (Trees and Landscaping):
The replacement of the existing footpath has the potential to cause harm to retained trees either side of the path, particularly if excavation is required or levels are to be raised. The installation of the demountable classroom has the potential to cause harm to trees, particularly if cranes are used to put it in place. These issues could be covered by discharge of a non-standard tree protection condition. Landscaping conditions should also be attached to any permission.
5.9 Operational Manager Transportation:
No objections subject to conditions requiring approval of details of sheltered and secure cycle parking spaces. It is recommended that a travel plan be provided for the school to promote sustainable transport options.
5.10 Chief Officer Highways and Waste Management (Drainage):
No objection in principle. Where ground conditions are suitable, surface water should be drained via sustainable drainage techniques. Ground permeability tests should be undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme submitted for approval.
5.11 Chief Officer Strategic Planning and Environment (Pollution Control):
No reply to consultation.
5.12 Chief Officer Highways and Waste Management (Waste Management):
No reply to consultation.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Police Architectural Liaison Officer:
A conversation with the headmaster of the school confirmed that there are no security concerns at this time. South Wales Police would recommend that the classroom to be alarmed and hard wired into the school security system and to avoid features that could be used as a foothold to gain access to the roof area by unauthorised persons.
54 6.2 Welsh Water:
Foul and surface water discharges should be drained separately. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, to the public sewerage system. Surface water run-off should be controlled as near to its source as possible via a suitable sustainable approach.
6.3 North West Conservation Group:
The portakabins are out of keeping with the village, out of keeping with the conservation area, unneighbourly development and over-development of the site. There is a lot of opposition from the local community. The applicant should look again at the proposals.
6.4 The Coal Authority
Standard advice applies.
7. REPRESENTATIONS
7.1 Pentyrch Community Council:
The Council objects to the proposal for the following reasons: • They are a short term fix to a longer term problem. Experience dictates that once the demountables solve the initial accommodation problem then longer term solutions would be quietly sidelined. This Council only need to point to the experience of Pentyrch Primary School where temporary demountables were used to solve an accommodation problem and nearly 40 years later the parents, governors and teachers are campaigning with the City & County of Cardiff to have them removed as they are in a dreadful condition and no child that was educated in them benefited from the experience. • Unlike Pentyrch GYG School is within a conservation area and it would be wholly inappropriate to place demountables in such a position as they fail to comply with even the most basic of the special planning controls. By way of example the ‘design guidance’ contained within the advisory leaflet distributed to households following the review in 2007 states. Generally a high standard of design for new buildings and for the alteration or restoration of existing properties will be expected. Any new buildings should be designed to harmonise in form and scale with the area. Existing buildings should be maintained and renovated with care and sensitivity’. It is obvious that demountables, by their very nature, will not comply with the design guidance
55 • The school itself is a lovely example of a traditional village school made from local stone and a longer term solution should be sought, that would harmonise and connect any new buildings with the existing. • The demountables will impinge on the valuable playing area. • If the City & County of Cardiff can ignore their own advice in relation to conservation area status, would this not set a dangerous precedent for other applicants to be able to follow?
7.2 The application has been advertised by press notice, site notice and neighbour notification. 16 letters and a petition of 54 signatures have been received, objecting to the proposal on the following grounds:
1) Reduction in the size of the school playing field; 2) The increase in pupil numbers will lead to an unacceptable increase in traffic and will exacerbate existing parking difficulties; 3) The development is not needed- there is spare capacity at Pentyrch School. The school should control its intake. 4) A demountable classroom has recently been removed from the site. It would be a retrograde step to replace it with another. 5) Loss of designated green space, which is an essential part of the village’s amenities. 6) Detrimental impact on the character and appearance of the Conservation Area and the nearby listed building. 7) Loss of trees and hedgerow. 8) Detrimental impact on the rural character of School Lane. 9) The building is likely to be permanent, not temporary. 10) Loss of light and views across Main road from School Lane. 11) Over-development of the site. 12) Loss of wildlife habitat. 13) The application has not been advertised adequately. 14) The proposal is contrary to policies en27, en28, en46, en47, en49, en52, c1 and c4 of the deposit Taff Ely Local Plan, policies 1A, 1B, 1I, 1J, 2.20, 2.24, 2.45, 2.49, 2.51, 2.53 and 2.64 of the deposit draft UDP and policies SD1, SD2, HER4, HER10, HSC7 and HSC11 of the deposit draft LDP.
7.3 26 letters and a petition of 97 signatures have been received in support of the application.
7.4 The governing body of the school has written in support of the proposal, stating that the need to erect the demountable building comes from the school’s objective to improve the education environment and teaching structure within the school. The new classrooms would allow for the teaching structure to be amended. It is not intended to increase the numbers of pupils: there will be no additional children attending the school other than normal
56 fluctuations, therefore there will be no increased traffic associated with the proposal.
7.5 The governing body also states that whilst it would be desirable to have phase 2 of the school extension completed, the Local Education Authority has not presently made a commitment to this and therefore the proposal provides the only interim solution available so as to maintain the educational standards attained by the school. Using the school hall for teaching, as will be the case in September, is not a proposition that is sustainable in anything other than the short term. This will cause disruption in terms of physical education and school lunch, not to mention a teaching environment that is patently unsatisfactory.
7.6 Councillor Craig Williams requests a site visit to the school so that the committee can better assess the impact on the local community of further developments within the school area, the continuing over-development of the school and surrounding buildings, the impact on the amount of green, open space available to the school, residents and children and the impact on the sky line in the conservation area.
8. ANALYSIS
8.1 The main issues that must be considered with regard to this application are the impact of the proposed development on the character and appearance of the Conservation Area and on the setting of the grade II listed school building.
8.2 The application site is separated from the listed building by an existing demountable classroom and part of the school yard. The proposed classroom will be at a reasonable distance (around 35m) from the listed school building and therefore will not affect its setting.
8.3 The impact on the character and appearance of the conservation area must also be carefully considered. It is a finally balanced judgement as to whether the proposal will have a negative impact, since there are already two demountable buildings on the school site, one of which is clearly visible from the public highway, and planning permission has been given in the past for demountable classrooms on the site.
8.4 Whilst a number of letters and a petition have been submitted in support of the application, 16 letters and a petition of 54 signatures have also been received from local residents who object to the development. These objections are listed above and I would comment on them as follows:
57 1) The building will cover around 160 square metres, leaving approximately 850 square metres of the field undeveloped. The school also has a surfaced playground. The Board of Governors has raised no concerns regarding loss of part of the outdoor play space. 2) No objections have been raised by the Operational Manager, Transportation, regarding traffic or parking issues. The building is not intended to accommodate a large number of additional pupils but to allow improvements to the existing facilities at the school. 3) The development is required for the purposes of improving conditions in the school and coping with normal fluctuations in intake, rather than increasing pupil numbers. The school is currently over capacity, with current pupil numbers being 211 and the capacity of the school being 189. The proposed unit is required to improve the education environment and to cope with current curriculum requirements. 4) The proposed demountable building would be suited to the needs of the school and, if another has been removed, would not result in an increase in the number of such buildings on the site 5) The site is not designated as “green space” in any development plan. It is a school playing field, not public open space. 6) This is addressed at paragraphs 8.2 and 8.3 above. 7) Only one tree will be removed to accommodate the building. The Tree Preservation Officer has raised no objections to the loss of this tree. The hedgerow is to remain. 8) The building will be visible from School Lane but it is not considered that the development will adversely affect the rural character of the area. The lane and the application site are within the settlement boundary of the village as defined in the deposit Unitary Development Plan and other buildings can be seen from the lane. 9) A condition can be imposed to ensure that planning permission for the building has to be renewed after a period of time. 10) Any overshadowing of School Lane will be minimal, and views from the lane are largely obscured by trees and hedges. Residents of houses on School Lane would not have any right to a view across the application site. 11) Sufficient undeveloped space will remain to meet the needs of the school, and the development would result in there being no more demountable buildings on the site than there have been in the past. 12) The site is not designated as having any special wildlife conservation value. Only one tree will be lost and this can be replaced within the site via a landscaping scheme that could enhance the site’s biodiversity. 13) The application has been advertised by publication of a notice in the press, by the display of two site notices on Main Road and at the entrance to School Lane, and by notifying immediate neighbours by letter. This is in accordance with the requirements of the Town and Country Planning (General Development Procedure) Order 1995.
58 14) The deposit Taff Ely Local Plan does not apply in this area as it was not placed on deposit prior to local government reorganisation. The proposal is considered to be in accordance with the other policies cited by the objectors: UDP policy 1A: The building would be sited away from the listed building and away from the highway, on an area of land that slopes down from the road, reducing its visibility from the highway and impact on the conservation area. The development is compatible with neighbouring uses. 1B: The design of the building matches the existing demountable buildings on the site, which are in more prominent locations. 1I: The development will not have an unacceptable impact on the historic environment. 1J: The site is not designated open space. 2.20: Although not in keeping with the historic character of the conservation area, it is debatable whether the building has an unacceptably negative impact taking into account the existing demountable buildings on the site, one of which is more clearly visible from the public highway, and the fact that the building will be sited so as to reduce its visibility. The quality of the design and materials is not appropriate to the conservation area’s historic setting but the building will be temporary and will fulfil a recognised need for improved accommodation at the school. 2.24: The building will not overlook or overshadow any residential property. It will be visible from nearby dwellings, at a distance, but is not considered to be so unsightly as to constitute an unacceptable detriment to the visual amenities of residents. 2.45: The Tree Preservation Officer has raised no objections to the loss of the tree that is to be removed, and tree protection and landscaping conditions can be attached to planning consent. The hedgerow is to remain. 2.49: The site is not designated open space. The area of school playing field lost to the development is not significant. 2.51: The development will not adversely affect the listed building or its setting. 2.53: This is addressed at paragraphs 5.3 to 5.7 above. 2.64: Additional noise originating from the classrooms will be insignificant.
The deposit draft LDP policies carry no weight as the plan is at an early stage. SD1 requires all development proposals to achieve recognised sustainable building standards; SD2 requires new development to incorporate sustainable drainage where practical; HER4 seeks to prevent development that would be harmful to trees that have amenity value; HER10 presumes against development that would fail to preserve or enhance the character or appearance of a conservation area; HSC7 encourages improved community facilities; and HSC11 does not permit development of areas of open space
59 with significant amenity value or historic conservation importance. Other than the issue of sustainable building standards, these matters are addressed elsewhere in this report, and it is not felt reasonable to refuse the application on the basis that it may not meet “recognised sustainable building standards” as these standards have not yet been formulated and the building is in any case designed to be temporary.
8.5 In regard to impact on the listed building, officers are mindful that it is the Local Planning Authority’s statutory duty to “have special regard to the desirability of preserving the building or its setting …”. Welsh Office Circular 61/96 Planning and the Historic Environment – Historic Buildings and Conservation Areas guides that it is relevant to have consideration to “the extent to which the proposed works would bring substantial benefits for the community …”. It is quite clear that providing the proper environment for children’s education is a material consideration and, on balance, the undoubted visual harm to the setting of these listed buildings and character of the conservation area is, in the opinion of officers, outweighed in this case by the need to provide adequate education accommodation in the short term.
8.6 In conclusion, it is considered that although the proposal will have an impact on visual amenity and the appearance of the conservation area, taking into account the existing demountable buildings on the site and the fact that planning permission has been given in the past for demountable schoolrooms, it would be difficult to argue that a further classroom could not be justified, particularly as it is required to alleviate existing accommodation problems at the school. The school is one of the institutions forming part of the school organisation proposals being developed by the Council, and as such the proposed development would be a temporary building serving to alleviate the current situation at the school until the reorganisation proposals are implemented.
8.7 In order to overcome concerns regarding the visual impact of the building, conditions can be imposed on planning permission to ensure adequate landscaping is provided, finishing materials are appropriate and the building is not permitted to remain on the site permanently
60 61 PETITION LOCAL MEMBER OBJECTION AND AM OBJECTION
COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/1197/W APPLICATION DATE: 10/07/2009
ED: LLANDAFF
APP: TYPE: Full Planning Permission
APPLICANT: Mr Martyn Popham LOCATION: 1 FORDWELL, LLANDAFF, CARDIFF, CF5 2EU PROPOSAL: CONSTRUCTION OF BLOCK OF 7 NO. TWO BED FLATS ______
RECOMMENDATION 1: That planning permission be REFUSED for the following reasons:
1. The development would, by reason of its scale, architectural detailing and location of car parking, be a visually incongruous feature which would harm the character and appearance of the Llandaff Conservation Area. The development would therefore be contrary to the policies 3 and 11 of the Cardiff Local Plan, policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan, the Llandaff Conservation Area Appraisal 2006 and Cardiff Residential Design Guide Supplementary Planning Guidance.
2. The development would result in the removal of a significant number of trees and hedgerows from the site which would harm the visual amenities of the area and character and appearance of the Llandaff Conservation Area. The development would therefore be contrary to policy 2.45 and 2.53 of the deposit Cardiff Unitary Development Plan and Trees and Development Supplementary Planning Guidance.
3. The development, by reason of its siting, scale and loss of trees and hedges, will result in unacceptable harm to the amenities of the occupiers of 3 Fordwell. The development would therefore be contrary to policy 2.24 of the deposit Unitary Development Plan and Cardiff Residential Design Guide Supplementary Planning Guidance.
4. The application provides insufficient information on proposed ground levels to enable the proposal to be fully assessed.
RECOMMENDATION 2: That the agent be advised that Conservation Area Consent is required for the demolition of the existing house.
62 1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This is a detailed application for the demolition of 1 Fordwell a detached two storey house and its replacement by a three storey building consisting seven no. two bedroom flats. The site is located at the end of Fordwell, a cul-de-sac situated in the north western part of the Llandaff Conservation Area.
1.2 The new building would be located in the northern part of the site with the land to the south used for the provision of a ten space car park, cycle parking and a bin store. Two mature TPO trees situated close to the south western corner of the site are shown to be retained. Other trees and hedges on the southern and eastern site boundaries with the rear of 14-18 Bridge Road and side of 3 Fordwell respectively, and northern boundary adjoining a public footpath, would be removed. No details are provided of proposed ground levels, although the elevations indicate the ground floor would be at a similar level to the existing house.
1.3 Details of the proposed three storey building are reproduced below. It would have a steeply pitched roof with top floor windows being partly accommodated within the roof space by use of gables and dormers. The highest part of the roof would be in the centre of the building over the top floor flat with a height of 6.5m to eaves and 10.5m to the ridge (the existing house is estimated to have an eaves height of 5.0m and ridge height of 7.0m. Walls would be finished in coloured render. Synthetic slates would cover the roof. The principal elevations would look towards the car park and River Taff at the rear. All flats would be provided with river facing balconies. On the site frontage, an existing staircase to the lower level garden would be replaced by stairs ascending 1.0m to access a first floor flat.
2. DESCRIPTION OF SITE
2.1 The site comprises a plot of 28m depth and 25 to 35m width located between the end of Fordwell and the Llandaff Rowing Club. The ground floor of the existing house is approximately 1.0m below the level of the turning area at the end of Fordwell with a steep slope down from the highway to the existing integral garage situated on the site frontage in a flat roof annex to the main house. Ground levels slope down to the western and northern site boundaries adjacent to which runs a public footpath. All site boundaries, apart from that to the highway turning area, are enclosed by mature trees and hedges.
2.2 The site is one of three detached houses of similar design located at the end of Fordwell. The remainder of the road comprises two storey flats.
2.3 The rear gardens of 14-16 Bridge Road border the southern side of the site and are a higher level rising up to the houses. Beyond the public footpath to the west lie the grounds of the Llandaff Rowing Club with a boat house situated between the proposed building and the main rowing club premises.
63 3. SITE HISTORY
3.1 Nil.
4. POLICY FRAMEWORK
4.1 The site is shown as being located within an existing housing are of the Cardiff Local Plan Proposals Map. It is within the Llandaff Conservation Area.
4.2 The following Cardiff Local Plan policies are relevant:
Policy 3 Development in Conservation Areas Policy 11 Design and Aesthetic Quality Policy 17 Parking and Servicing Facilities Policy 18 Provision for Cyclists Policy 19 Provision for Pedestrians Policy 30 Insensitive Or Inappropriate Infilling Policy 31 Residential Open Space Requirement
4.3 The following deposit Cardiff Unitary Development Plan policies are relevant:
Policy 2.20 Good Design Policy 2.24 Residential Amenity Policy 2.26 Provision for Open Space, Recreation and Leisure Policy 2.45 Trees Woodlands and Hedgerows Policy 2.53 Conservation Areas Policy 2.57 Access, Circulation and Parking
4.4 The following SPGs are relevant:
Residential Design Guide Access, Circulation and Parking Open Space Trees and Development
4.5 The Llandaff Conservation Area Appraisal is also relevant.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Operational Manager Transportation has no objection subject to conditions to ensure the proposed parking is provided and retained, cycle parking is provided, a construction management scheme is submitted and implemented and a financial payment of £4,160 is paid towards the provision of a bus boarder in Bridge Road (a section 106 agreement is required).
5.2 The Strategic Planning Manager (Conservation) has advised the existing property is a late 20th century house located in the Llandaff Conservation Area. The property is one of a group of three united through their design and soft landscaped area. Hedges either side of the road form a semi separation from the rest of Fordwell. The proposed building is turned side on to the road
64 with land to the front comprising parking, cycle and refuse storage. The new building is pushed substantially back into the site up to the limit of the floodplain.
The adopted Llandaff Conservation Area Appraisal states, ‘Bruton Place and Fordwell provide a gently leafy visual link to the valley’, and that ‘houses are set within an open shared landscape in Fordwell’. The appraisal states that ‘there is a need to maintain lower densities to reflect changing scale and character of the urban edge’ and that there is a need to ‘respect building scale and garden layout within planning applications for development.’ It is also noted that:
The proposal does not relate to the houses that it immediately adjoins. The proposed roof design in terms of pitch, height and shape relates to no buildings in Fordwell. The majority of planting that contributes to the street’s soft landscaping is to be removed as much of the garden area is turned over to parking and storage. Trees are important features of the landscape and character of the area. There is concern as to how the proposal would affect trees both within and outside of the site. The building would be more prominent than the existing property from public areas within and outside of the Conservation Area, in particular the public footpath round two sides of the site (which has a discernable rural feel) and the opposite open space, by virtue of its scale, materials and it being located near the northern and western boundaries of the site.
By virtue of its design and scale it is considered that on balance the proposed flats (in comparison to the existing property) would be more visually prominent in Fordwell and from other parts of the Conservation Area (namely the public path) and beyond and that this is not to the benefit of the character and appearance of the Conservation Area, nor is the removal of soft landscaping and its replacement with parking.
There is also concern remaining over the effect on mature trees beyond the site. Any detrimental impact on these needs to be avoided.
5.3 The Strategic Planning Manager (Design) advises that he is concerned at the overall scale and massing of the proposals. The current site is a simple, albeit large detached house which lies at a lower level at the end of Fordwell, a meandering cul-de-sac. It is considered that it is the setting of the plot rather than the property itself is what makes the positive contribution to the street scene. Strong tree-lined boundaries establish this.
Whilst the mass of the three storey building is broken up with a certain level of articulation, the pitch of the roof adds to the scale and bulk of the scheme and ultimately the proposed development is considered to be large in scale in relation to both the size of the site and the character of development in the
65 area. The scale of the development will result in an unsatisfactory contrast in scale to adjacent properties.
The landscaped setting of the site has an impact on the amount of usable amenity space and I would question the quality of amenity space available in relation to the scale of the proposed development and the number of units proposed. Whilst it is acknowledged that the units would have balconies there is a concern about the level of available amenity space residents would have to enjoy.
In conclusion, there is a concern that the proposal is an overdevelopment of the site and does not respond to context, scale and style of the urban grain.
5.4 The Strategic Planning Manager (Trees) has advised that the tree report has not recorded all the trees potentially affected. An arboricultural impact assessment and a constraints plan is required. There is potential conflict between the trees and development. The ash tree on the opposite site of the footpath will require future pruning. This and adjacent trees will reduce the dominance of the new building in views from the river, but in winter the trees will be bare. The building and parking area should be moved away from the two trees in and adjacent to the south west corner of the site. The development will potentially harm trees in the garden of 3 Fordwell. It is concluded that the proposal would conflict with policies protecting trees and soils.
5.5 The Waste Management Service advises that the bin storage area is acceptable.
5.6 The Parks service advises that, in accord with policy 31 of the Cardiff Local Plan, as no recreation/play space is being provided on site, the developer will be required to make a financial contribution towards the provision or improvement of open space in the locality. A payment of £6,933 is required. This sum is based on the net increase in number of people living at the site that would result from the development.
5.7 The Drainage division has no objection in principle. Ground permeability tests should be undertaken to investigate the suitability of the site for sustainable drainage.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Welsh Water has no objection subject to separate foul and surface water discharges, and no land drainage into the public sewerage system.
6.2 The Environment Agency has no objection.
66 7. REPRESENTATIONS
7.1 Neighbouring occupiers have been notified and the application publicised by site and press notices as potentially affecting the character and appearance of the conservation area.
7.2 36 individual letters of objection have been received including letters from the adjacent occupiers at 2 and 3 Fordwell and 14, 15 and 18 Bridge Road. The majority of residents in Fordwell have submitted comments. The grounds of objection are summarised as follows:
(i) Road capacity: the limited width of Fordwell will result in congestion from the additional traffic as a result of parked vehicles and the existing difficult access for refuse collection and emergency vehicles will be made worse. (ii) Parking: an existing shortfall of off street parking in the local area will be exacerbated adding to the capacity issue identified in (i). (iii) The road network through Llandaff is congested and the additional traffic will make it worse. (iv) Need and demand for seven flats/loss of family house: recent developments have resulted in an over supply of flats in Llandaff many of which are vacant. (v) Building design: the height and large area of the new building will be visually incongruous, inappropriate and is too high a density. (vi) Loss of planting and a wildlife habitat. (vii) Harm would be caused to the conservation area. The development is contrary to the conservation area appraisal. (viii) The parking area will cause visual harm. (ix) The development will harm users of the adjacent public footpath. (x) The development will be seen from the opposite side of the river in winter. (xi) The rear pedestrian gate to the footpath will encourage crime as the site will offer a through route. (xii) Sewers serving the site are at capacity. (xiii) Flood risk. (xiv) Harm to amenities of adjoining residents (privacy, visually overbearing, loss of light, noise) (xv) Loss of views of the River Taff. (xvi) Waste storage is inadequate. (xvii) Conflict with planning policies including the Taff Action Plan. (xviii) Disruption during construction. (xix) Loss of property value. (xx) Precedent. (xxi) Contrary to restrictive concerns.
7.3 A petition signed by 164 people, most of whom live in Llandaff, has been submitted. The petition states the demolition and new buildings are opposed.
7.4 Local Members have been notified. Cllrs Aubrey and K Davies object. They list many of the concerns raised by local residents (see para 7.2 above) and
67 state that they object to the application on these grounds. A site visit is requested. It is important that the attractive and historically significant area of Llandaff is protected. Granting permission would set a dangerous precedent.
7.5 The Llandaff Conservation Group considers the scale of the building is inappropriate and inconsistent with that of Fordwell. The existing house is one of three high quality designs and a good example of low density development and its loss would damage the integrity of the group. The large garden makes a good boundary between the urban development and the riverside. The relationship between the building and landscape will be spoiled. The development is not in scale with the form and scale of the area. There are strong objections to be removal of any trees. The application does not preserve or enhance the conservation area. There are also concerns re traffic and lack of amenity space. The development will also be contrary to the Taff River Action Plan which seeks to ensure new developments enhance and do not harm the qualities of the valley. The views of the Llandaff Society are supported.
7.6 The Llandaff Society objects for the following reasons:
(i) Loss of the existing house which would damage the integrity of the group of three at the end of Fordwell. (ii) Overdevelopment and loss of landscape: the character of the site would be changed to its detriment and the view west from Fordwell permanently damaged. (iii) Size and height of the proposed development is excessive for the plot area and would be detrimental to the immediate area. (iv) Traffic congestion.
7.7 Chris Franks AM has concern that another site is proposed for flats in Llandaff. He states that residents have major concerns regarding the number of flats in the area, contravention of conservation area policy, inadequate drains/sewers, surface water, parking and traffic problems and the unsuitability of design and colour.
8. ANALYSIS
8.1 The proposal will result in a significant change to a site located in the north- western corner of the Llandaff Conservation Area close to the River Taff. It is considered that the following matters require detailed consideration:
(i) Impact on the character and appearance of the close surroundings and on the Llandaff Conservation Area. (ii) Impact on the residential amenity of neighbouring residents. (iii) Adequacy of living environment of future occupiers. (iv) Parking provision and traffic generation.
8.2 The proposal will result in the replacement of a detached house of a distinctive style utilising stained timber and with a simple form slate roof, by a three storey development with coloured rendered and a complex roof form.
68 The existing house is one of three of similar design which enclose the end of Fordwell. The development would introduce a building of very different form in the middle of this group of three. Although the new building would be off set from the centre line of Fordwell compared to the existing house, it would still be visible from that road and the loss of mature hedging and trees from the boundary between the site and no. 3 resulting from the construction of the new building will result in its side elevation being more visible than suggested in the illustration in the Design and Access statement. It is also considered that the car park will also be significant in the view towards the site from Fordwell as this will align with the road. The lower level of the car park (c 1.0m) will not be sufficient to screen the view of vehicles.
8.3 It is considered that the proposed building will be visually incongruous in this setting as a result of its greater scale (length and height) and its use of coloured render. The building and car park would also harm the character and appearance of the Llandaff Conservation Area as a result of their visual impact. This conclusion is reinforced by the statement in the Conservation Area Appraisal that Fordwell provides a gentle leafy visual link to the (Taff) valley with enhancement opportunities of (i) the maintenance of lower densities to reflect changing scale and character of the urban ‘edge’ and (ii) the need to respect building scale and garden layout within applications for development.
8.4 One existing characteristic of the site is the extent of mature planting (trees and hedge) on the site boundaries. Most of this is shown to be removed to accommodate the development. This will change the appearance of the site when viewed from Fordwell with much of the vegetation viewed to the front and sides of the house disappearing and the site taking on a more urban appearance. The two large trees in the rear south west corner may also be lost. It is considered that the development is contrary to the council’s policies to retain trees of visual amenity value. The loss of trees and hedges will also harm the conservation area as the vegetation surrounding this site forms an integral part of the character of this part of the area.
8.5 Residential amenity: the development will result in a loss of hedgerows and trees and therefore the new development would not be screened at upper floor levels from neighbouring land. Its side elevation would be sited 1.0m from the boundary of the garden of 3 Fordwell and approximately 7.0metres from a conservatory added to the side of that house. A bedroom window in the side of no 3 also looks towards the development site. The side elevation of the new building would have a length of 10.5m and height of 3.5m to eaves and 7.5 to ridge (height above ground level no. 3). A first floor balcony in the development would be 3.2m from the boundary. It is concluded that the development would be unacceptably visually overbearing and result in a loss of privacy on the occupiers of no. 3. With regard to the houses on Bridge Road, these are at a higher level with their rear gardens sloping up away for the site. The closest first floor window in the development would be 9.0m from the end of the rear garden of 18 Bridge Road and 24m minimum from the rear of the house. It is therefore considered the amenities of the Bridge Road residents are not unacceptably harmed. Loss of view has also been
69 raised by these occupiers, however this does not provide a reason for refusing planning permission.
8.6 The occupiers of the development will be provided with balconies of satisfactory size and with limited communal garden areas, together with adequate refuse storage and car and cycle parking. The flats vary in floor space between 65 and 98 sq m. It is therefore considered that the living environment provided for future occupiers will be satisfactory.
8.7 The transportation issues of traffic generation and overspill parking from the development have been raised be many objectors. However, the OM Transportation advises that the development is acceptable. It is noted that the development is relatively small in terms of overall size – a net increase of ten bedrooms at the site – which would not result in a significant increase in traffic flows in the context of traffic volumes on Cardiff Road.
8.8 With regard to other issues raised by objectors:
(i) The (lack of) demand or need for a further seven flats in Llandaff is not an issue for planning control to consider. (ii) The site is largely screened from the Taff Trail on the opposite side of the river by trees outside of the site which are not affected by the development. The new building may have slightly greater visibility as a result of its increased size but will still be largely screened. Screening would be less in winter but it is considered that given the distance of the site from the trail (c150 m) this does not form a reason for refusal.
8.9 The rear pedestrian gate to the footpath could be provided with a locking mechanism to prevent use by non residents thus preventing a means of escape for criminals from the end of the cul de sac.
8.10 Welsh Water and Environment Agency advise there is no drainage/sewer capacity problem or flood risk.
8.11 Disruption during construction, loss of property values, precedent and restrictive concerns do not provide grounds for refusal or an issue for determining a planning application.
8.12 The refusal of planning permission is recommended for reasons relating to design and impact on the character and appearance of the Llandaff Conservation Area, loss of trees and hedges and residential amenity. In addition, the lack of full information on proposed ground levels on this sloping site to enable a full understanding of the treatment of external areas and site boundaries is considered to provide an additional refusal reason.
70 71 72 73 74 COMMITTEE DATE: 16/09/2008
APPLICATION No. 08/2191/C APPLICATION DATE: 23/09/2008
ED: GRANGETOWN
APP: TYPE: Outline Planning Permission
APPLICANT: Bayscape Limited LOCATION: Cambrian Marina Boatyard and adjoining land, Watkiss Way PROPOSAL: HOTEL (INCLUDING CONFERENCE SUITE, GYM, SPA, RESTAURANTS AND BARS), RESIDENTIAL, RETAIL, OFFICE AND FOOD AND DRINK UNITS, PARKING AND SERVICE AREAS, NEW ACCESS, PUBLIC REALM AND NEW RIVER EDGE REVETMENT ______
RECOMMENDATION 1: That it be recorded that Cardiff Council is satisfied that the Environmental Statement, submitted with the application, contains sufficient information, and that the Council has taken account of the Environmental Statement in assessing the environmental impacts of the proposed development, and that the National Assembly for Wales be notified of the Local Planning Authority’s decision.
RECOMMENDATION 2: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under Section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 8.15 of this report, planning permission be GRANTED subject to the following conditions:
1. C00 Standard outline A. Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved.
C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the
75 expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.
Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Procedure) Order 1995. B, C and D. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.
2. D7G Road Traffic Noise
3. F7Y Ground Gas Protection
4. C7Z Contaminated Land Measures
5. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced
6. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced
7. Prior to the commencement of development, detailed drawings which demonstrate that the proposed cut and fill works on the site's river frontage would maintain live flood storage volumes in Cardiff Bay, shall have been submitted to and approved by the Local Planning Authority. Reason: To prevent the loss of live flood storage volume in the Bay.
76 8. Prior to the commencement of the approved development (or at such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
(i) A preliminary risk assessment which has identified: • all previous uses • potential contaminants associated with those uses • a conceptual model of the site indicating sources, pathways and receptors • potentially unacceptable risks arising from contamination at the site.
(ii) A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.
(iii) The site investigation results and the detailed risk assessment (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
(iv) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. Reason. To prevent the pollution of the environment.
9. Foul and surface water discharges shall drain separately from the site. Reason: To protect the integrity of the public sewerage system.
10. Surface water shall not drain, directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, in the interests of health and safety, and the environment.
11. Land drainage run-off shall not discharge, directly or indirectly, to the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, in the interests of health and safety, and the environment.
77 12. A riverside walk to adoptable standards, and lit, shall be provided through the site frontage to link with the approved riverside walk, to its east and west. Details of the walkway shall have been submitted to and approved by the Local Planning Authority prior to the commencement of the development hereby permitted, and no use, hereby permitted, shall be commenced unless the walkway is complete and open for use. The design of the walkway, and related revetments, shall match the design of the walkway on either side of the site. Public access along the walkway shall be available at all times, except in an emergency or when essential repairs are taking place. Reason: To ensure that the provision of a riverside path is achieved, in accordance with Policy 2.7 of the Deposit Cardiff Unitary Development Plan (October 2003).
13. The reserved matters application shall ensure that DDA compliant access is available to the adjacent river bus stop and pontoons, along the riverside walkway, and along the paths which connect the Pont-y- Werin bridge and Watkiss Way, and the riverside walkway and Watkiss Way (through the eastern edge of the site, next to the canoe slalom course). The access routes shall be available at all times to the public, except in an emergency or when essential repairs are taking place. Reason: To ensure that these facilities and routes are accessible to all.
14. C7S Details of Refuse Storage
15. Prior to commencement of development details shall have been submitted to, and approved by, the Local Planning Authority, of a procurement strategy for public art. The approved artworks shall be in place before any flat hereby permitted is brought into beneficial use unless otherwise agreed with the Local Planning Authority in writing. Reason: To enhance the character and appearance of the development and to accord with Policy 2.56 of the Deposit Cardiff Unitary Development Plan (October 2003).
16. No development shall take place until details as to the provision within the site for loading, unloading and parking of vehicles have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Parking spaces shall be assigned to residents. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site, and to minimise space searching behaviour.
17. Any barrier controlling access to the car parks shall be set back from the highway in accordance with details which have first been submitted to and approved by the Local Planning Authority. The access shall not be gated.
78 Reason: To ensure that the barrier does not cause a queue, which backs up onto the highway.
18. The gradient of the ramps serving any car park within the development shall not exceed 10%. Reason: In the interests of safety.
19. The footway/cycleway along the site frontage to Watkiss Way shall be retained to a width of 4m. Reason. In the interests of pedestrians and cyclists.
20. Details of provision for the secure and under cover parking of at least 190 cycles (or such lesser numbers as agreed with the Local Planning Authority), shall have been submitted to and approved by the Local Planning Authority. The approved provision shall be in place before nay dwelling hereby permitted is brought into beneficial use. Reason: To ensure that appropriate and adequate cycle parking provision is made.
21. Prior to the commencement of development, a scheme of construction management shall have been submitted to and approved by the Local Planning Authority. The scheme shall include details of construction traffic routes, the site means of enclosure, the site access and wheel- washing facilities. The approved scheme shall be adhered to. Reason. In the interests of safety and amenity.
22. A car park management plan shall have been submitted and approved by the Local Planning Authority prior to the development being brought into beneficial use. The plan shall include the designation of the parking spaces, control mechanisms, enforcement action and specify a timescale for their periodic review. The approved plan shall be implemented and shall be reviewed/revised, as specified. Reason. To ensure that the use of the spaces allocated to the various uses is controlled and reviewed as necessary.
23. The development shall accord with the submitted master plan. Reason: To ensure that the key elements of the submitted plan are followed.
24. The hotel hereby permitted shall have no more than 200 bedrooms, the number of dwellings shall have regard to exceed 103, the floorspace used for retail (Use class A1) and food and drink (Use Class A3) purposes (other than such uses which are ancillary to the hotel) shall not exceed 750m2 and the floorspace of the Marina management suite shall not exceed 50m2. Reason: To ensure that there is control and certainty over the key elements of the scheme.
25. Any application for approval of reserved matters shall accord with the design parameters which are given on pages 41, 42 and 43 of the
79 Design and Access Statement (dated June 2009), and shall have regard to the exemplars which have been included on pages 35 and 36 of the same statement. Reason: To ensure that there is control and certainty over the key elements of the scheme.
26. The hotel hereby permitted shall not be brought into beneficial use before the proposed restaurant and bar, towards the top of the buildings, has been brought into beneficial use, unless otherwise agreed with the Local Planning Authority in writing. Reason. To ensure that a mixed use is achieved, and to secure maximum public benefit from the proposed tall building.
27. The non-residential buildings shall be constructed to achieve a minimum BREEAM (or subsequent equivalent quality assured scheme) overall 'Excellent' rating, unless otherwise agreed by the Local Planning Authority. Reason. To ensure that the building is sustainable.
28. Each dwelling hereby permitted shall be designed and constructed to achieve a minimum Code for Sustainable Homes Level 4, in accordance with the requirements of the Code for Sustainable Homes: Technical Guide April 2009, unless otherwise approved by the Local Planning Authority. Reason. In the interests of sustainability.
29. Prior to the commencement of development details of an upgraded temporary pedestrian link between the application site and the front of the Toys'R'Us shop on the opposite side of Watkiss Way shall have been submitted to and approved by the Local Planning Authority. The approved link shall be in place before the development hereby permitted is brought into beneficial use. Reason. In the interests of connectivity and sustainability.
30. The details which are submitted for consideration in discharge of condition 1 shall have been subject to wind testing, the results of which shall be reported to the Local Planning Authority, and shall have been incorporated into the detailed design. Reason. To ensure that the proposed development does not result in excessively high wind speeds.
31. Prior to the commencement of development, a design code shall have been submitted to and approved by the Local Planning Authority. The code shall specify the design principles for the public realm, including materials, street furniture, balustrades, hard and soft landscaping, and water safety measures. The approved code shall be adhered to. Reason. In the interests of good design and safety.
RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of
80 the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 5: That the developer be requested to take into account the advice of the Police Architectural Liaison Officer, and of the Waste Management Officer, which has previously been forwarded to their agent.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This outline application proposes the development of a hotel (including a conference suite, a gymnasium, a spa, restaurants and bars), residential, retail, office and food and drink outlets, parking and service areas, new access, pubic realm and of a river edge revetment. The office could be used as a management suite in connection with the adjacent moorings. All matters of detail are reserved for later approval. The application was submitted when reserved matters still comprised siting, design, means of access, external appearance and landscaping. The site comprises the Cambrian marine boatyard, some land between that site and Watkiss Way, land up to the boundary with Victoria Wharf, and a riverbank.
1.2 When the application was registered it gave no clear indication of the scale of the proposed development, nor of the siting of buildings. Drawings were submitted, but the application indicated that these were illustrative only. Floor space was not stipulated and the numbers of hotel bedrooms and the number
81 of dwellings were not specified. The agent was advised that the application was considered to be too vague to facilitate a meaningful assessment. Since then, the agent has submitted an Environmental Statement and amended illustrative plans, together with a new design and access statement. The application drawings envisage that the hotel would be 127m high, and that the two residential blocks would be around 41m and 38m high.
1.3 The agent suggests that the Local Planning Authority should grant outline planning permission but, in order to have certainty over key design elements, conditions could be imposed which limit the floorspace, as follows:
• up to 200 hotel bedrooms plus ancillary conference suite, gym, spa, pool, restaurants and bars; • up to 103 residential apartments; • up to 750 sq. m of Class A1 and A3 floorspace (in addition to the hotel); • up to 50 sq. m of floorspace for the management suite for the existing marina;
In addition, he suggests that conditions could require the reserved matters application to be in accordance with the drawings on pages 41, 42 and 43 of the Design and Access Statement in terms of siting and design; and with the exemplars on pages 35 and 36, in terms of external appearance. The proposed materials for the tower and adjacent blocks would be a combination of masonry, slate, high quality concrete, glass and cladding.
1.4 The proposed hotel, which could include serviced apartments and suites, would be accommodated in a 30 storey tower. A restaurant and bar could be accommodated on the twenty third and twenty fourth floors, marking the point where the tower would narrow for its top quarter.
1.5 The application suggests that the residential accommodation would comprise a mix of one and two bedroom apartments in two blocks, up to 10 storeys high. Of the envisaged 103 one and two bedroom flats, it was originally intended that 21 would be “affordable”, however, it now appears likely that equivalent affordable off-site provision is preferred. The blocks would front onto the proposed riverside path and Watkiss Way. The hotel would be positioned near to the north-west corner of the site, close to Watkiss Way.
1.6 An illustrative Masterplan has been attached to the application (see the appendix containing the Non-Technical Summary Environmental Statement, at the end of this report). It shows the relationship of the proposed development to Watkiss Way, the River Ely, the Pont-y-Werin (whose construction has commenced) and to Victoria Wharf. The Masterplan shows two public squares: one between the proposed hotel and the proposed riverside walk, and the other between Victoria Wharf and the hotel (and the path beside the hotel which will connect Watkiss Way to the Pont-y-Werin). Tree planting is envisaged in these squares, along Watkiss Way, and in the amenity space between the two almost parallel apartment blocks. Commercial uses are envisaged along the frontage to the riverside walkway and to Watkiss Way. A restaurant or pub is envisaged adjacent to Victoria
82 Wharf, fronting onto a square, with water in it. (The water would compensate for Cardiff Bay flood storage capacity which would be lost when the revetment is constructed).
1.7 Illustrative drawings, submitted with the application, show that vehicular access would be from Watkiss Way. The application drawings show a 6m wide vehicular access into the development. Vehicles entering the site would be driven down or up a ramp, into a two level car park. The illustrative drawings show the provision of 167 car parking spaces, 18 motor cycle spaces and 120 cycle spaces. All of the parking would be hidden from view, the decks having buildings or decking, used as public or private open spaces, above them. The parking decks would be linked to the hotel, flats, and other proposed uses, by stairs and lifts. Commercial units, including cafes, would be accommodated on the riverside edge of the concealed car park, and other units would front onto Watkiss Way. The proposed public realm would, the application advises, deliver a highly accessible public realm.
1.8 The application proposes pedestrian access from Watkiss Way, and via the continuation of the approved River Ely riverside walk across the front of the site. A 3m wide path, along the site frontage, is shown. It would link with the riverside paths which are envisaged through the adjacent canoe slalom and Victoria Wharf residential sites. The site would be traversed by the foot and cycle path, which would connect the new Pont-y-Werin Bridge to Watkiss Way. To the west of this path, areas of water would be left for flood storage reasons. The plan envisages the need for steps between the end of the Pont- y-Werin and the Victoria Wharf riverside footpath, but makes clear that a convenient alternative fully accessible route could be provided.
1.9 The application envisages a BREEAM excellent rating for the commercial development and Code for Sustainable Homes Level 4 for the residential component.
1.10 The master plan shows how access to moorings and a waterbus stop could be maintained.
1.11 The application envisages the use of high quality materials, and a series of places and spaces which would create a lively pedestrian environment. Business and food and drink uses would open onto public spaces, and footpaths and the pub/restaurant would open onto a south facing public square. The conference centre could have a space in front of it which could be used for performances and events. Tree planting would frame the key routes through the site and along the Watkiss Way frontage.
1.12 The application proposes the discharge of surface water directly into the River Ely and of foul sewage to the mains drainage system.
1.13 The application was accompanied by a transport assessment, a wind microclimate desk study, and environmental desk study report, a design and access statement, and a ‘sustainable development outline’.
83 2. DESCRIPTION OF SITE
2.1 The Cambrian Marine boatyard is on the north bank of the River Ely, adjacent to, and to the south-east of, the Council’s temporary ISV office. With the exception of the sloping river bank, the site is used for the storage, repair and maintenance of boats. The yard is fenced. Access is from Watkiss Way. There is a workshop near to the river bank. A slipway, enables boats to be raised from, and returned to, the river. Approximately 70m to the east of the site are the remains of a coal discharger, which is a scheduled Ancient Monument. The application site also includes adjacent land, to the north and north-west of the boatyard. The applications for the adjacent Victoria Wharf development envisaged that a pub or restaurant would be developed here. The land to the north is “leftover land” between the yard and Watkins Way.
2.2 There are pontoon moorings on the river across the site’s frontage.
2.3 The whole area to the north and east of the application site has been remediated. The back of the Toys ‘R’ Us shop is on the opposite side of Watkiss Way, and the swimming pool and temporary ice rink, are to the north- east of the site. The land to the east of the application site is unused, but the development of an Olympic Standard canoe slalom facility is proceeding.
2.4 The Pont-y-Werin bridge across the River Ely would ‘land’ on the application site and the foot and cycle path linking the bridge to Watkiss Way would pass through the site. The development of the bridge has commenced, and it should be complete next year.
3. SITE HISTORY
3.1 Application no. 04/1425C proposed the development of 106 flats on the Cambrian Marine boatyard site and adjacent riverbank. The Committee resolved, on 13 April 2005, to grant outline planning permission, subject to a S106 agreement, dealing with open space, affordable housing and a bus subsidy, and to conditions. The agreement was never completed, so no permission has been issued.
3.2 Application no. 06/1219C, which proposed 145 flats on the Cambrian Marine boatyard site, and adjacent riverbank, was refused on 13 September 2006. There were several reasons for refusal, relating to concerns about the scale and mass of the larger of the two of the three blocks then proposed, the impact of the development on visual amenity, the absence of a design statement, and the appearance of a riverside walkway. Other concerns, reflected in the reasons for refusal, were the lack of meaningful open space, possible conflict could have arisen resulting from the retention of the slipway and boat lift, and some irregularities in the drawings.
3.3 Application no. 06/2304C proposed 191 dwellings on the Cambrian Marine boatyard site, and adjacent riverbank. The Committee resolved, on 15th November 2006, to grant outline planning permission, subject to a S106 agreement relating to open space, affordable housing and bus and water bus
84 subsidy issues. This application envisaged two 15 storey blocks. The agreement has not been signed, so the permission has not, therefore, been issued.
3.4 The western part of the application site had planning permission for the development of a restaurant or pub, under one of the Victoria Wharf planning permissions.
4. POLICY FRAMEWORK
4.1 The following policies of the City of Cardiff Local Plan are relevant to the consideration of this application:-
8 Sites of nature conservation or geological value 9 Development in areas at risk of flooding 10 Contaminated or unstable land 11 Design or aesthetic quality 12 Energy efficient design 17 Parking and servicing facilities 18 Provision for cyclists 19 Provision for pedestrians 20 Provision for special needs groups 21 Land for housing 24 Affordable and special needs housing 31 Residential open space requirement
The site is within an area, identified by Policy 21, as being allocated for housing.
4.2 The river bank in front of the site, is identified, in the Council’s Nature Conservation S.P.G. as being within SNCI 95 – the River Ely – which it describes as being important for migratory fish, otters, wildfowl and bankside vegetation.
4.3 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant to the consideration of this application:-
2.20 Good Design 2.23 Affordable Housing 2.26 Provision for Open Space, Recreation and Leisure 2.27 Provision for Schools 2.47 Sites of Local Importance for Nature Conservation 2.50 Ancient Monuments and Other Archaeological Remains 2.57 Access, Circulation and Parking Requirements 2.61 Protection of Water Resources 2.62 Flood Risk 2.63 Contaminated and Unstable Land 2.74 Provision for Waste Management Facilities in Development
85 4.4 The following Supplementary Planning Guidance is relevant to the consideration of this application:
Access, Circulation and Parking Archaeologically Sensitive Areas. Public Art Biodiversity Energy Efficient Designs for New Residential Development Restaurants, Takeaways and Other Food and Drink Uses Affordable Housing Community Facilities and Residential Development Waste collection and storage facilities Open Space Cardiff Residential Design Guide Developer Contributions for Transport (Draft) Tall Buildings Design Guide
4.5 Planning Policy Wales; March 2002 favours the redevelopment of previously developed land.
4.6 TAN’s 12 – Design, and 18 – Transport
5. INTERNAL CONSULTEE RESPONSES
5.1 The Operational Manager, Transportation comments:
(i) The existing footway / cycleway along Watkiss Way which runs parallel to the frontage of the site must be retained at its full width of 4.0 metres.
(ii) The application is supported by a TA which borrows information relevant to this application from the overall TA produced by Arup on behalf of Cardiff Bay Infrastructure Ltd (submitted with application 05/00592/C for the Infrastructure associated with CISV). He has reviewed the TA, together with Traffic Management Officers and an independent consultant, and it is considered to be generally satisfactory. However, no Transport Implementation Strategy (TIS) has been provided, which would include proposed mitigation measures to be introduced in order to address the overall impact of this development (in accordance with TAN 18). The developer should be able to overcome issues of impact and sustainable transport through the entering into of a S106 Agreement - details of which are listed below in paras. (xiii) to (xvii);
On the basis of the above and subject to those outstanding issues being addressed, he has no objection, subject to the following conditions and S106 contribution:
86 Conditions:
(i) No development shall take place until details as to the provision within the site for loading, unloading and parking of vehicles have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Parking spaces shall be allocated. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site and to minimise space searching behaviour;
(ii) A car park management plan to be submitted to the Local Planning Authority for approval, prior to the development being brought into beneficial use. The plan to comprise but not be limited to the designation of the parking spaces, control mechanisms to be put in place, enforcement action and agreed timescale for their periodic review. The approved plan to be implemented in accordance with the details contained within and reviewed/revised as specified. Reason: To ensure that the spaces allocated to the various use classes are strictly controlled and reviewed as necessary;
(iii) No obstruction to vision exceeding one metre in height shall be placed within the area defined in red on the plan no. JNY6699/01 attached hereto. Reason: To ensure that the use of the proposed access does not interfere with the safety and free flow of traffic passing along the highway abutting the site;
(iv) Details of provision for the secure and under cover parking of at least 190 cycle parking spaces shall have been submitted to and approved by the Local Planning Authority. The approved provision shall be in place before any part of the development hereby permitted is brought into beneficial use. Reason: To ensure that appropriate and adequate cycle parking provision is made;
(v) A riverside walk to adoptable standards, and lit, shall be provided through the site to link with the approved riverside walk, to its east and west. Details of the walkway shall have been submitted to and approved by the Local Planning Authority prior to the commencement of the development hereby permitted, and no part of the development, hereby permitted, shall be brought into beneficial use unless the walkway is complete and open for use. The design of the walkway, and related revetments, shall match the design of the walkway on either side of the site. Public access along the walkway shall be available at all times, except in an emergency or when essential repairs are taking place. Reason: To ensure that the provision of a riverside path is achieved, in accordance with Policy 2.7 of the Deposit Cardiff Unitary Development Plan (October 2003);
87 (vi) Prior to the commencement of development, details of the proposed access from Watkiss Way shall have been submitted to and approved by the Local Planning Authority. The approved access shall be complete and available for use before any part of the development hereby permitted is brought into beneficial use. Reason: To ensure that adequate and safe access for vehicles, pedestrians and cyclists is available. Reason: To ensure that adequate and safe access provision is made to and from the site;
(vii) The gradient of the ramps serving any underground car park shall not exceed 10%. Reason: In the interests of safety;
(viii) Any barrier controlling access to the car parks shall be set back from the highway. Reason: To ensure that the barrier does not cause a queue, which backs up onto the highway;
(ix) No gates shall be erected to the proposed vehicular access. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site;
(x) Unless otherwise agreed in writing by the LPA, no beneficial occupation of any part of the development is to take place before a scheme of environmental highway improvements and programme for their implementation, to Watkiss Way are to be submitted to and approved in writing by the LPA. The scheme should include but not be limited to, the reconstruction of the carriageway / footway, including surfacing, kerbing, edging, drainage, lining and signing and street lighting improvements. The agreed scheme shall be implemented to the satisfaction of the LPA in accordance with the approved details and agreed programme. Reason: To ensure the comprehensive enhancement / improvement of the adjacent highway in accordance with the principles set out in the planning application;
(xi) Prior to commencement of each phase of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development construction of the relevant phase shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity;
(xii) No part of the development hereby permitted shall be occupied until the Framework Travel Plan has been progressed, submitted to and approved in writing by the LPA. The Travel Plan shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the plan, unless otherwise agreed in writing with the LPA. Reports demonstrating progress in
88 promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the LPA, commencing from the first anniversary of beneficial occupation of each phase or element of the development;
S106 Contribution:
Following discussion with planning officers and the agent, he has concluded that there should be a S106 obligation of £450,000. This sum is to be used to:
• Support the second Baycar service • Support the Dunleavy Drive cycle/pedestrian improvements • Fund TRO’s/telematics as appropriate
In terms of supporting the implementation of a water taxi service via the Bayscape Water Shuttle service proposal, he considers that this is best commented on by the Harbour Authority Manager but this should not be included in the £450,000 contribution outlined above.
5.2 The Waste Management Officer has given advice on storage and collection arrangements. This advice has been forwarded to the agent.
5.3 The Parks and Bereavement Manager thinks that the public realm treatment, which is suggested by the current plans, is much better than previously proposed. He presumes that there will be discussions over open space and/or an off-site open space contribution, when the numbers are known.
5.4 The Strategic Planning Manager advises that the Supplementary Planning Guidance (SPG) on Community Facilities and Residential Development states that ‘the Council will seek a financial contribution for improvements to existing community facilities or the provision of additional community facilities on all significant developments because the increased population will result in increased demand for local community facilities’. A financial contribution is sought on all residential developments containing 25 or more new dwellings.
The formula in the Community Facilities SPG is based on the number of habitable rooms per dwelling. In this instance the number of habitable rooms is not known. It is recommended, therefore, that the Section 106 agreement for the development makes provision for payment of a financial contribution for community facilities to be calculated in accordance with the formula in the SPG.
5.5 The Housing Strategy Officer observes:
(i) The Council’s Affordable Housing – SPG states that the starting point for all affordable housing negotiations on applicable sites will be 30% affordable housing. However, the principle of 20% affordable housing provision has long been established on this site, and taking into consideration that the affordable housing will be delivered without
89 social housing grant (SHG) a 20% affordable housing contribution is deemed appropriate in this case.
(ii) The Council’s Affordable Housing – SPG states that it is the normal expectation that affordable housing be provided on-site. However, in exceptional circumstances, it may be agreed that the affordable housing can be provided off-site on a mutually agreed site near enough to the development site to meet identified housing need. She considers this site to be an exceptional circumstance, given that the bulk of the site consists of a tall tower hotel complex and as a result the affordable housing cannot be reasonably incorporated within the residential accommodation proposed. This would result in potential management and maintenance issues for the Registered Social Landlord (RSL) who would be nominated to deliver these units, especially as ownership of the building will be retained, rendering a separate access for the affordable units unrealistic and unreasonable. As the residential accommodation is likely to attract a high level of service charges, this would also be problematic for the RSL and tenants in terms of financial management.
(iii) The Council’s Strategic Housing Priority is to deliver family housing, and in view of the above issues, the applicant is proposing to deliver much needed social rented family accommodation on another site in the vicinity (with the vicinity defined as the ward of Grangetown), the equivalent of a 20% affordable housing contribution. In terms of design these affordable units would comply with the requirements of the Welsh Assembly Government set out in Development Quality Requirements (DQR) and in the Welsh Housing Quality Standard, and would need to be in line with Welsh Assembly Government Acceptable Cost Guidance (ACG), delivered on a nil SHG basis. The social rented units will be provided through a registered social landlord (RSL) with approved developer status in Cardiff.
(iv) Although a site for the affordable housing provision has not yet been secured, the applicant is confident that a site can be secured and the affordable housing units delivered within the same build period as the Cambrian Marina scheme, which is acceptable.
(v) In the event that an alternative site is not secured and/or delivered within the above timeframe, then the applicant has agreed to provide the Council with a financial contribution, in line with the formula in the Affordable Housing – SPG. This will be based on a 20% affordable housing contribution and in lieu of the resulting number of units.
(vi) In addition, the applicant proposes to construct a number of serviced apartments on the site which currently do not form part of the overall residential accommodation for negotiation purposes. However, if these were sold outright at a later date, then the affordable housing contribution would increase. It has been agreed that this increase will take the form of a financial contribution, in line with the formula in the
90 Affordable Housing – SPG, and would be included within the s106 agreement.
(vii) She recommends a S106 agreement to secure the affordable housing, the precise terms of the S106 would be drafted by Legal Services.
5.6 The Operational Manager, Cardiff Harbour Authority, has been consulted. He comments:-
(i) The development impacts on the Inland Bay flood storage volume and this is recognised within the application. Detailed calculations on this matter need to be produced and the mitigation/ replacement storage proposals clearly presented for approval by the Environment Agency.
(ii) All surface water run off drainage systems that could impact on the River Ely water quality need careful design with the provision of interceptors etc
(iii) In the Environmental Statement Non Technical Summary – Summary of Environmental Effects Table:
(a) Within the Ecology Topic it states “Minor impact on Local Biodiversity Action Plan habitat”.
However the proposal requires the full removal of reed beds – this is clearly a major impact and should require mitigation measures to be undertaken.
(b) Within the Ecology Topic is a reference to “Careful design of lighting” but does not say what this entails, Detailed proposals should be supplied.
(iv) Drawing “Ground Floor Plan level 0” shows the bay edge walkway from the east (canoe slalom side) as a steady ramp allowing full DDA compliant access to the new Pont y Werin. However from the west the bay edge walkway rises as a steady ramp to a level of 9.0 m AOD then appears to cross the storage lagoon on a flat bridge and then includes a set of steps up to the level of the new bridge surface of 9.6m AOD. There does not appear to be an alternative access route to the bridge from the west that is suitable for wheel chair access.
The bay edge walkway should provide a fully DDA compliant access to the bridge from the west as well as from the north and east.
5.7 The Environment and Public Protection Manager recommends conditions relating to plant noise, delivery times, sound insulation, kitchen fumes, ground gas, contamination and imported soils/aggregates. He also makes a contaminants recommendation.
91 5.8 The Chief Schools Officer has been consulted. Any response will be reported at Committee.
6. EXTERNAL CONSULTEE RESPONSES
6.1 The Vale of Glamorgan Council has been consulted. Any response will be reported at Committee.
6.2 The Glamorgan Gwent Archaeological Trust has no objection.
6.3 Cadw comment, in relation to their role as a consultee on applications which could have an impact upon scheduled Monuments and Registered Historic Landscapes, Parks and Gardens, that the development would have a direct effect on the nearby Ely tidal Harbour Coal Staithe Number One, which is a Scheduled Monument. The staithe is within the site which is being developed as a white water rafting course, and Cadw has granted Scheduled Monument Consent to conserve and repair this structure and making it a viewing and access platform for the course. The proposed development would introduce tall buildings but the setting of the Monument has already undergone radical change and this development would not change that for better or worse. Cadw has no concerns.
6.4 The Countryside Council for Wales observes that, they do not object to the application. They welcome the submission of:
• The Revised Design and Access Statement (June 2009); • The amended site Plans, Sustainable Development Outline and the Environmental Statement dated May 2009.
The application site does not lie within a designated area and there are no records for European Protected Species within the site. Records of bat and otter do exist within the wider area, however, in this instance there is unlikely to be a significant effect to these species and they therefore have no objections to this proposal.
They welcome the precautionary approach to the proposed lighting scheme and support the commitment to ‘provide dark areas to encourage bat foraging and movement’.
They note, within the Sustainable Development Outline report, consideration of a number of renewable energy sources has been made, including wind energy. However, they note that the installation of a wind turbine is not included as part of the current planning application. Whilst CCW supports the use of renewable energy, they would highlight the need for careful consideration of the types of renewable energy suitable for use within this area, particularly with respect to wind turbines and their potential effects on bats and bird species. They would be happy to provide further advice to the applicant and the Local Planning Authority, in due course.
92 6.5 The Environment Agency have no objection to the application. They recommend the imposition of conditions to ensure that live Cardiff Bay flood storage volumes are maintained, and to deal with contamination issues.
6.6 Welsh Water have no objection. They request that drainage conditions be attached to any permission.
6.7 On 18th March 2009, the Design Commission for Wales considered a presentation by the applicants. They had serious concerns about the scale and quantum of development proposed, particularly in relation to the impact on Penarth. Moreover, they were not convinced of the deliverability of this scheme, especially given the high quality of finishes they were shown.
Their concerns were:
• They do not accept the argument that a 30 storey tower is necessary to create presence and legibility. • The proposed high quality of details and finishes would need to be well protected, in view of the D&B procurement process and the economics of delivery. • BREEAM and Code ratings should be defined prior to consent being granted, and with advice from the Local Authority. • Microclimatic issues of wind protection, solar shading and daylight access need to be resolved with the help of modelling. • The mixed use and active frontages on the riverside are strongly supported.
They had concerns about the scale of the tower, particularly given its location on the narrowest part of the river and its proximity to and impact on Penarth Haven. They did not agree that this scale is absolutely necessary for a quality development on this site, nor is it the only way to achieve good legibility. A greater flexibility is needed, especially as this is the element that is likely to arouse most opposition. Although the site is small for the quantum of development, it includes land which the developer has agreed to purchase which extends the area of the boatyard by 50%.
They considered the commercial viability of this scheme to be highly questionable, especially given the hotel layout of 5 to 8 bedrooms per floor, and the high level restaurant with the associated problems of access and servicing. The developer nevertheless believes that it is deliverable 2-3 years hence, and stressed that the project so far had been based on sound commercial advice.
The BREEAM/CSH rating for the scheme is not fixed and will depend on negotiations with the operator(s). However, important microclimatic issues need to be addressed at this stage. The wind tunnel effect, especially around the smaller blocks, is likely to be significant and should be mitigated by the built form or possibly by planting. The western glazed elevations will need appropriate shading and this is unlikely to be achieved by brises soleil or fritted glass. Modelling is needed to ensure that the shading is effective and
93 that sufficient daylight reaches the lower floors of the residential blocks - which looks unlikely on the model. 'Eco stations' will be provided throughout the development, as amenity spaces and to recycle grey water.
The proposed mixed use is welcomed, as well the location of some commercial units on the riverside walkway. Timber decks will conceal the edge of the car park and cascade down to the water. There may need to be more open space allocation at the junction of the walkway and the footbridge.
Parking is provided at a ratio of 1:1 for the residential units plus 21 visitor spaces and 40+ spaces for the hotel. Spaces will not be specifically allocated. so it should be possible to dovetail daytime and evening uses, but this will need adequate management, in addition 120 cycle storage spaces are provided. The team stated that there are 8 bus stops within 400m, a water taxi stop on the site, and Cogan railway station will become easily accessible across the new bridge. They did not accept the supporting argument for the density, namely that this would become a public transport hub.
6.8 The Police Architectural Liaison Officer made observations on the application, in its original form, and has confirmed that her observations on the amended application remain the same.
She recommends that the site achieve the Secured by Design Award, which is the minimum standard, considered suitable by the police service, for safety and security on new developments. A safe and secure environment is the prime objective of the Secured by Design initiative. To achieve this result, equal weight should be given to both environmental design and physical security.
Developers and local authorities are required to consider levels of crime and disorder in respect of any new developments and at the same time, promote the inclusion of architectural crime prevention measures into new products.
As this is a new development, on what is primarily wasteland, she is unable to give crime statistics relative to such a development. However, she advises that there were 8 incidents reported in the 12 months up to the end of October 2008, for Watkiss Way only, and her recommendations are based on similar developments, designs and potential problems that may arise due to design factors.
She recommends that:
(i) The site should provide car parking for a limited number of authorised users only as such clear signage would be required indicating location of designated bays and the segregation of residential and hotel users. She recommends compliance with the Park Mark Safer Parking scheme which would incorporate secure access control measures be incorporated into the design for the car parking area to prevent any unauthorised access. Walls and surface treatments within the car parking areas should be painted in a light reflective coating in order to
94 reflect the light and provide a reassuring and well lit environment for users. (ii) Though parking provision for the residential units is adequate and in line with Supplementary Planning Guidance, Access, Circulation and Parking Requirements, parking provision for the hotel is limited and this could result in the future overspill of parking onto Watkiss Way and the surrounding area. She notes that there is an open car park in the area which is regularly full to capacity. (iii) Parking spaces on the southern (River Ely) side are beyond the normal movement route through the car park and this puts parked vehicles at vulnerable and high risk. (iv) The parking bay to the front of the hotel should have signage restricting parking to prevent obstruction by large commercial vehicles servicing the hotel. (v) CCTV should monitor all external areas and access/exit points, including the ‘Pull in’ areas located to the front of the hotel, all car parking levels and access to public and private areas within the development, combined with an access controlled system that prevents tailgating. Landscaping should not obstruct CCTV surveillance over the site. (vi) External canopies, whilst providing shelter and protection for the users of the site, should not be designed to provide sheltered areas for congregation points that could contribute to anti-social behaviour. (vii) Cycle storage would be in a poorly overlooked and vulnerable location with easy approach/escape routes via internal hotel corridors, and needs to be relocated to an area of maximum passive surveillance. (viii) The stairwell that extends into the car park into the south western side of the car park could create hiding places, severely restrict sight lines and compromise the security of the hotel entrance. (ix) All doors leading from car parking areas should have access control.
Although there is no present threat, that she is aware of, with regard to a terrorist attacks, the recent review completed by Lord West, Parliamentary Under-Secretary (Security and Counter-terrorism) highlights the necessity to regard the potential impact of terrorism when considering the built environment. Lord West has spoken within his report of the threat against Crowded Places within the UK.
As the threat level could change in the future and, looking at developments such as this long term there is need to consider risks that may arise especially if high profile people/high number of people are within the development.
The points below have also been discussed and agreed with Dc Simon Rees, Counter Terrorism Security Advisor: -
(i) The access control to the car park should be substantial with a crash proof arm. This barrier system should be located as close to the building line as possible to eliminate the need for vehicles mistakenly entering the car park entrance to fully enter the car park for turning purposes therefore compromising security.
95 (ii) Although this barrier system should provide effective vehicle control it is unlikely to have any impact on pedestrian movement therefore to support these control measures a security office should be relocated to a prominent position which frames and overlooks the entrance to the car park and can influence vehicle and pedestrian movement. (iii) Height restriction should be placed at the entrance to the car park to prevent access to large vehicles/lorries. (iv) It is important to have measures in place to control access to vehicles around the development. (v) With any tall building which has a lot of glass it is strongly recommended that a glazing film or laminate glass is used to reduce risk of fragmentation. (vi) Any utilities should be underground and not exposed. This commercially makes sense to prevent attack and therefore interruption to trading.
This advice has been forwarded to the agent.
7. REPRESENTATIONS
7.1 The application has been publicised. Objections have been received from the occupiers of 762, 766, 775 and 777 Alexandria, Victoria Wharf. Their concerns are as follows:
i) The proposed tall building would result in a loss of light, view and privacy.
ii) The tall building would dwarf its surrounding and look seriously out of scale.
iii) Loss of value to adjacent flats.
iv) Inadequate consultation.
v) Inadequate parking appears to be intended for the considerable amount of development. Access problems could result to existing residents, especially when major events take place at the pool or ice rink.
vi) No need for more flats in the area. Many nearby are unsold.
vii) The site is too small to satisfactorily accommodate all of the proposed development.
viii) Nuisance to neighbours from construction work.
7.2 The Chandlers Quay Residents’ Association are concerned at the height of the proposed hotel and the high density of the development. Traffic and parking problems could result. They have heard that the existing sewage system is struggling to cope.
96 7.3 The occupiers of 257 Picton, Victoria Wharf, fully support these exciting proposals which, they consider, would add important facilities to their area of regeneration, would complement the Sports Village development plans, and bring employment.
7.4 In support of the application the agent states that as negotiations with potential developers are still in hand, a degree of flexibility is required, with regard to the hotel and residential elements of the proposal.
He advises that the applicant has taken into account the Design Commission’s Design review.
• The applicant continues to believe that the 30 storey tower is a necessary and appropriate response to the site for the reasons set out in the Design and Access Statement. The impact of the tower on Penarth – as well as a comprehensive selection of other locations – has been carefully assessed in the townscape and visual chapter of the Environmental Statement and has been found to be acceptable. The Report’s reference to potential opposition to the tower has proved to be unfounded. The reference to the site being at the narrowest part of the river is not helpful. In fact the river is widest where it discharges into the Bay and narrows from that point upstream – continuing to narrow well past the Bayscape site. What is perhaps more relevant is to consider the changing character of the river. The Cogan spur road bridge can be seen as the place where the river changes from being essentially an extension of the Bay – with attendant activity, moorings and so on to being a quieter, stiller space. The construction of Pont y Werin, which will restrict boat movement further upstream, will only reinforce this transition. Regarded in this way, Bayscape can again be seen as a nodal location where the tower would assist in the legibility of the local geography.
• The need for high quality details and finishes is accepted and use of exemplars as described above seeks to lock these requirements into the consent:
• The sustainability performance of the buildings has been addressed in SKM’s report, which has been submitted in support of the application. It is proposed to achieve BREEAM Excellent for the commercial developments, and Code for Sustainable Homes level 4 for the residential components:
• Microclimate and solar shading studies have been undertaken and are reported in the Environmental Statement.
The Agent comments that the terms of any S106 agreement should take into account the provisions of the Transport Assessment and Travel Plan, which set out a detailed analysis of the public transport provision in the area, car and non car movements to and from the site and the opportunities which the development offers for sustainable travel modes. He draws attention to:
97 • The revised Tall Buildings SPG now refers to ‘locations that are highly accessible by a range of public transport options’, rather than to ‘transport hubs’;
• Contributions to transport improvements in the area have already been made or are committed by other developments;
• The contributions to non-car travel which the scheme would make in addition to any cash sum. Specifically the access to the water taxi landing station, the river edge walkway, and the link from the Pont-y-Werin to Watkiss Way. Whilst the river edge walkway is a planning requirement, both it and the Pont y Werin link are proposed to be generously proportioned, high quality spaces whose construction and land take costs would be far in excess of comparable provision elsewhere (eg Victoria Wharf or Watermark). The river edge walkway construction cost alone has been estimated at £179,575. Moreover the Pont y Werin link would be difficult to deliver at all without the Bayscape scheme. Whilst the costs of providing these spaces would be incorporated into the overall project plan rather than presented to the Council as a separate sum of money, they nevertheless represent real ‘extra over’ costs which should be taken into account in the S106 negotiations.
7.5 In the Design and Access Statement the following aims and objectives are identified by the agent:
Supporting the ISV masterplan by:
• Improving connectivity within the masterplan area and enhancing the legibility of ISV and Cardiff Bay as a whole.
• Introducing an attractive and vibrant set of uses which will enable the scheme to act a local hub at what might otherwise be ‘backwater’ location within the ISV.
• Responding positively to the site’s strategic location and to the activities and routes which immediately adjoin it.
• Enhancing the development potential of neighbouring vacant land.
Creating an exciting sense of place by:
• Deploying an aspirational, contemporary, humane and inclusive architecture.
• Delivering an accessible high quality public realm through a sequence of purposeful, attractive and inclusive spaces and routes.
• Offering a diverse range of uses which create vital and lively street scenes around the site.
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• Exploiting the links between land and water, the site and its surroundings, inside and outside.
Contributing to sustainability by:
• Supporting and facilitating a rich mix of travel options.
• Integrating sustainable energy, water and material use to the design from the outset.
• Contributing to the bio-diversity of the area within the public realm and within the buildings.
• Supporting the local community through direct and indirect job creation, local purchasing and raising the profile and perception of the area.
• Designing to achieve at least Code for Sustainable Homes Level 4 for the apartments and BREEAM Excellent for the commercial elements of the scheme.
Key features and developments in the vicinity include:
• The white water rafting centre which is being developed by the Harbour Authority. This would provide an unusual and lively neighbour. Cardiff Marine Group and the Harbour Authority are liaising to ensure that both schemes made the most of their common boundary.
• The marina which occupies the river along and beyond the site’s southern boundary, is also controlled by Cardiff Marine Group. There will be a high degree of synergy between the marina and the operation of the hotel and apartments in terms of access and management, shared facilities and marketing. In turn this means linked visits to the hotel/apartments and the marina and reinforces the identity of both facilities as a distinctive destination. When the existing boat yard closes for redevelopment, boat building, repairs and sales will take place at a separate location on Penarth Road. This will ensure these services and associated employment will be retained locally without prejudicing the amenity of the Bayscape site.
• The water bus station which sits within the marina. This has the potential to be an important commuter and tourist service. Bayscape, the marina and the station are mutually supportive facilities.
• The proposed Pont y Werin footbridge. This long awaited link will place Bayscape at an important note joining Penarth Marina and Cogan with the ISV bay edge footpath, Watkiss Way and the rafting centre. Potentially that connectivity could extend to the core of the ISV leisure and retail developments.
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• The vacant land to the north of Watkiss Way. This land is potentially suitable for a variety of uses. However, the way that the nearby retail development has been laid out, coupled with the presence of the elevated Cogan spur Road, currently gives it an isolated and disjointed feel.
• Considering this land in conjunction with Bayscape offers the opportunity to re-connect to with the water and new footbridge and onwards to the core of the ISV. Together they could also give Watkiss Way a new sense of place as it passes though (rather than between) the two sites.
The agent also makes the following points in the statement:
Cardiff County Council’s Tall Buildings Supplementary Planning Guidance builds upon TAN 12 to give specific guidance on tall buildings in Cardiff. It emphasizes that tall buildings, if well designed and located in the right place, have the ability to make positive contributions to a city or town. Tall buildings will, it indicates, be considered positively in highly accessible locations in the city centre and Cardiff Bay.
Tall buildings should create a point of focus or be a positive feature on the city skyline and provide a benefit in terms of both the local and the wider strategic townscape. In the case of Bayscape the proposed tower would draw attention to the wider regeneration area placing acting as a visual magnet for the International Sports Village as well as the important new bridge over the River Ely.
The guidance generally favours tall buildings being located within an existing cluster or being part of a proposal to form a new cluster. However, it also recognises that free standing tall buildings can provide a landmark or terminate a vista as an exception. The Bayscape would fall within the existing cluster of buildings at Victoria Wharf. This development comprises six buildings up to 14 storeys in height.
By their scale and nature, tall buildings also have the potential to harm important qualities of a town or city. The guidance highlights the need to ensure that new tall buildings do not overshadow or overlook adjacent properties to the significant detriment of the amenity of neighbouring occupiers. Tall buildings should be located within areas that have good access to community, leisure and other facilities. They should be sympathetic to their surroundings and have a minimal visual impact on important vistas and sensitive historic environments.
The design of tall buildings must be of exceptional quality and the SPG highlights four key issues:
100 • The form and silhouette of the building – this includes consideration of visual impact, and relationships with both the local context ad other tall buildings.
• The quality and appearance of the proposed materials and architectural detailing.
• The impact and interface at street level – how the building contributes positively to high quality, safe, secure and legible public realm and urban design.
• The sustainable performance of the development – how the building employs climate responsive design.
Urban form and Connectivity
The site and surrounding area currently feels disjointed and lacks connectivity with more established areas and the core of the ISV. The townscape is bland and open and structural landscaping sparse. Recent developments close to the site – for example Victoria Wharf and Toys R US – tend to have impermeable boundaries, are inward looking and offer little in the way of interaction with their surroundings. Pedestrian and cycling routes are few in number and poorly defined. Vehicular routes are large scale and dominate in comparison. As a consequence spaces lack definition, structure or purpose and existing developments have little relationship with one another of the spaces which surround them.
To some extent these problems stem from the fact that redevelopment of the area is only partly completed. As further development takes place these problems can be rectified. The urban grain needs to be tightened up to produce spaces with a more human scale and clear functions. A well defined and logical network of foot and cycle paths would provide structure, cohesion and greater accessibility. Built developments need to be outward looking and interact with the spaces which abut them. Handled carefully the scale of built development can be used to promote legibility and add drama and local distinctiveness.
Bayscape can contribute to this process. It offers the opportunity to become a destination, a waymarker and the focus for a sequence of pedestrian and cycle routes and spaces repairing the urban fabric and creating a vibrant piece of the city. This approach could be carried further into the land to the north of Watkiss Way. Here a ‘boulevard’ could link with the core of ISV and, with Bayscape capture Watkiss Way, calm it, enclose it and make it part of a network of attractive, people friendly spaces.
Microclimate
The wind effects of the development were raised as a concern by the Design Commission. An updated wind assessment was undertaken as part of the Environmental statement. The meteorological data for the site
101 indicate that the prevailing winds are from the west. Winds from the northeast are also frequent during the spring and winter seasons. The wind microclimate around the proposed development has been assessed on a worst case basis (i.e. assuming there is no landscaping or planting around the development). On this basis the assessment classified the site as suitable for business walking, leisure walking or better during the windiest season. The wind microclimate is expected to be suitable for standing/entrance use or better during the summer.
While the relatively exposed nature of this site and its proximity to water is expected to make pedestrians more tolerant of windy conditions, the wind microclimate at the entrances around the development will require mitigation. Planting and other landscape enhancements will increase the shelter within the development, particularly when trees and plants are established and in full leaf.
The following mitigation measures will be incorporated into the final design:
• Recessing or screening of certain entrances around the site or additional soft-landscaping to provide shelter.
• Canopies associated with certain thoroughfares around the tower, to prevent the downdraught reaching ground level.
• Vertical screening or additional soft-landscaping to provide localised shelter.
Subject to measures such as these, microclimatic conditions at the site will be acceptable and, in combination of the public realm improvements, will encourage leisure walking and enjoyment of the locality.
7.6 The full Design and Access Statement is available for inspection, but other key points made by the agent are as follows:
a) Research has shown demand for a “boutique style” hotel in Cardiff. The ‘Bayscape’ Site is well suited to make this provision. The hotel facilities would be available for use by residents living on and near the application site. It would add to the vitality of the CISV peninsula. The retail units are likely to be taken up by related operators and convenience stores.
b) The development could create more than 200 jobs, adding £4 m to £5 m to the local economy jobs, adding £4 m to £5 m to the local economy.
c) The buildings would preserve attractive frontages to all directions, respect the privacy and amenity of neighbours and providing good levels of privacy and amenity to future occupiers. The buildings would not overshadow adjoining sites.
102 d) The developer would link water and land and incorporate a variety of public, semi-public and private spaces.
e) The tower would give Bayscape a presence, and act as a marker. Their analysis shows that a 30 storey tower is necessary, and that it would help to define and locate the ISV peninsula. The tower would be slender, minimising disruption to long distance views and provide a distinctive and elegant addition to the skyline. The siting of the tower would minimise the overshadowing of other developments, particularly Victoria Wharf.
8. ANALYSIS
8.1 The application was screened, and the applicant was informed that the characteristics of the development and its potential impact required the application to be accompanied by an Environmental Statement (ES). An ES was submitted in May 2009. The ES Non-Technical Summary is reproduced in the appendix at the end of this report. It appears to be thorough and is considered to be satisfactory.
8.2 The residential redevelopment of the site is considered to accord, in land use terms, with Policy 21 of the adopted City of Cardiff Local Plan in which it is allocated for proposed housing development. If planning permission is granted for the redevelopment of the site, then it is considered to be imperative that the River Ely riverside walk, which has been constructed through Victoria Wharf, to the west of the application site, and will be provided through the canoe slalom site, to the east, be continued through the application site. Policy 2.7 of the Deposit UDP indicates that new developments, including or adjacent to the Ely Trail and the Cardiff Bay recreational route, would be expected to respect the existence of such routes and to contribute to their development.
8.3 The application site is adjacent to the CISV site, where planning permissions have permitted, and approved policies support, a wide variety of uses, including residential, sports and leisure, food and drink, retailing, hotels, and a casino. The western part of the application site had planning permission to be developed as a pub or restaurant, in connection with the Victoria Wharf development. The proposed hotel and other commercial uses are considered to be as acceptable on the application site, as they would be in other parts of the CISV.
8.4 The current application, like the previous applications for residential development on the Cambrian Marine site, would include the replacement of the present sloping river bank by a revetment which would carry the required riverside walkway. The Pont-y-Werin bridge, whose construction was recently commenced, will cross the River Ely in front of the application site, and the proposed development would have to accommodate the foot and cycle path which would connect the bridge to Watkiss Way. When the bridge is in use, it is expected that there will be significant pedestrian and cycle flows through
103 the application site, which would be added to by users of the proposed development.
8.5 The submitted drawings show how 103 flats could be accommodated on the site in two long narrow blocks, connecting Watkiss Way to the waterfront, and with a landscaped space between them. One block would face across the canoe slalom course. The blocks would be far enough apart to offer future occupiers a satisfactory degree of privacy. The blocks would be lower than the Victoria Wharf development, which is up to 14 storeys high. In this respect, the indicative scale and massing drawings are considered to be an appropriate response to the site context. In sustainability terms, the development would utilise a brownfield site, on a bus route and, potentially, adjacent to a water taxi stop and, when the Pont-y-Werin is open, the development would also be a short walk away from shops and leisure facilities on the opposite side of the river, from Cogan station, and from other bus routes. The site and its vicinity has the potential to become a significant leisure destination, when the Pont-y-Werin is open. The high level restaurant and bar, in the hotel, could offer good views to customers and could become a major attraction.
8.6 The proposed 30 storey high hotel, would be the tallest building in Cardiff. The applicant’s justification for developing the tallest building here is not compelling. However, the Local Planning Authority has previously supported the principle of tall buildings, in the eastern part of the CISV site, on what became known as the ‘Bay Pointe’ peninsula (26 and 31 storeys high). In this respect, it could be argued that the current proposal would reinforce a ‘cluster’ of tall buildings in line with the SPG. However, the Bay Pointe development appears unlikely to proceed, so there is the possibility that, if the development proposed by the current application takes place, the proposed hotel could be by far the tallest building in the area for a long time, so it is important to be confident that it would not look out of place. The siting of the tower would provide a centralised focal point where Watkiss Way and the river Ely bend, but it would not readily fulfil a more strategic design objective in the manner that other Bay waterfront schemes would have done. The tower would project above surrounding buildings and have a recognisable form.
8.7 The applicant has submitted a design and access statement, an environmental statement, and a model, to assist understanding. The indicative form of the tower is critical to its acceptability in that it would create a unique and distinctive shape and silhouette, which needs to be followed through into its detailed design and appearance. The massing of the adjacent blocks, whilst ‘bulky’ in form and mass has, from the indicative submissions, the potential to create an architectural treatment which is both varied and distinctive. At street levels each of the blocks would have active ground floor uses with varying degrees of overhang and changes in place to create an interesting frontage and legible form.
The amended plans have significantly reduced the initial concern of the amount of floorspace on the site, evident by the omission of the upper level blocks on Watkiss Way and alongside the main footpath route. The density of
104 development is still high but not inappropriate given its siting at a critical point next to the Pont-y-Werin Bridge and the existing density at Victoria Wharf. The development would facilitate a mix of uses, providing a welcome focus alongside the river.
It is concluded, taking into account all of this information, that, as long as the tall building is slim and well-proportioned, no serious harm to the landscape would result.
8.8 The comments of the Design Commission for Wales in respect of the height and density are not considered to be sound reasons to refuse the application, particularly as amendments to the density have been made since the comments were made. The supporting information presents clear evidence that a quality sustainable development can be served if the principles and exemplars are carried through to the detailed design.
8.9 The Tall Buildings SPG indicates that tall buildings will be considered in Cardiff Bay where direct access to the wider transport network is generally considered to be good. The SPG requires that the development of tall buildings must not have an adverse impact on conservation areas, which would not be an issue in this case. It is considered that the wider transport network, in the area of the application site is not good at present, though it has improved as a result of recent road infrastructure development on the CISV site, and the extension of bus routes into the CISV area but it will improve through the completion of the River Ely Walkway and the development of the Pont-y-Werin. In order to further enhance accessibility and, bearing in mind the significant quantum of the proposed development, it is agreed with the Operational Manager, Transportation, that further access improvements are necessary, and that this should encompass improved bus services, and water bus services, the completion of pedestrian and cycle paths in Dunleavy Drive and Traffic Regulation Orders/telematics. There is considered to be a need for a temporary convenient link across Watkiss Way to Toys’R’Us, which could be required by a condition.
8.10 Although the application was submitted prior to the formal DAS requirements, the application addresses all the main requirements in terms of access, character, environmentally sustainability, movement and community safety. In terms of the building performance the scheme endeavours to meet BREEAM ‘excellent’ and code level 4.
8.11 The proposed development is not considered to result in any serious loss of amenity, light or privacy to residential neighbours. The Victoria Wharf flats are to the north-west of the proposed buildings, so that any overshadowing would be limited to the early morning.
8.12 The applicant has agreed to enter a Section 106 obligation to secure a £400,000 transport contribution, which could be used to support a “Baycar 2” bus service, to permit the completion of the Dunleavy Drive cycle and footpaths, to fund telematics and to support a water taxi service. A water taxi could be provided in association with the hotel development operating as a
105 community service at peak times, and as a leisure service at other times. The applicant advises that he is in discussion with Pedal Power, to support their plans for a cycle service in Cardiff Bay. However, the Operational Manager Transportation is insistent that the contribution must be £450,000, and not £400,000; and that, if there is to be a water taxi requirement, this must be additional.
8.13 The proposed development, like the adjacent revetments, would impact upon the River Ely SNCI but, it will be noted, the Strategic Planning Manager has raised no ecological concerns about this. As with adjacent developments, it would be important to ensure that mitigation measures are carried out. The Environment Agency have habitat protection controls through their land drainage role.
8.14 It should be noted that:-
(i) The Vale of Glamorgan Council have made no comment on the amended application.
(ii) There is no concern from Cadw over the impact of the development on the setting of the nearby Ancient Monument (the former coal staithe).
8.15 Taking into account the responses of consultees, it is considered that if planning permission is to be granted, then it should be on the basis that a Section 106 obligation is entered into which secures the following:
(i) An off site open space contribution which accords with the formulae in the Council’s Open Space SPG (March 2008). (ii) A community facilities contribution which accords with the formula in the Community Facilities and Residential Development SPG (March 2007). (iii) The equivalent of 20% affordable social rented family accommodation on a site in the Grangetown Ward or, in the event that an appropriate alternative site is not secured and / or delivered within the period during which the proposed development is undertaken, then a financial contribution is to be paid to the Council, in accordance with the formula in the approved Affordable Housing SPG (March 2007). It is also necessary to ensure that, if any serviced apartment on the application site is sold, then the affordable housing contribution would increase in line with the formula in the same SPG. (iv) The sum of £450,000 which shall be used to subsidise bus services to / from the vicinity of application site, to fund cycle and pedestrian path improvements in Dunleavy Drive, and telematics which are related to the proposed development. (v) The delivery of a water bus commuter service and point to point service, as described in the water shuttle service proposal document forwarded by the agent on 1st September 2009 or, failing that, the contribution of money to secure the provision of such a service by others.
106 (vi) A Travel Plan which sets out proposals and targets designed to minimise single occupancy car journeys to and from the site, and to promote sustainable travel behaviour, shall have been submitted to and approved by the Local Planning Authority, prior to any part of the proposed development being brought into beneficial use. The plan shall include a timetable, which shall be adhered to, unless otherwise agreed by the Local Planning Authority
8.16 The Police Architectural Liaison Officer’s and the Waste Management Officer’s advice have been forwarded to the agent. It is recommended that the developer be formally requested to take her advice into account.
8.17 It is recommended that planning permission be granted, subject to conditions, and to a S106 obligation which satisfactorily deals with affordable housing, secures an off-site open space contribution, a community facilities contribution, and a bus and subsidy, a Dunleavy Drive footpath/cycle path and telematics contribution and the delivery of a water bay service, as indicated in paragraph 8.16 of this report.
8.18 The non-Technical Summary of the Environmental Statement follows, for information.
107 108 109 110 111 112 113 114 LOCAL MEMBER OBJECTION
COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/468/C APPLICATION DATE: 25/03/2009
ED: ADAMSDOWN
APP: TYPE: Full Planning Permission
APPLICANT: Immam Ali Foundation LOCATION: 54 METAL STREET, ADAMSDOWN, CARDIFF, CF24 0LB PROPOSAL: PROPOSED COMMUNITY CENTRE, SCHOOL AND FIVE FLATS ______
RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 in relation to the off-site open space and the public transport infrastructure contributions, as indicated in paragraph 8.5 of this report planning permission be GRANTED subject to the following conditions
1. C01 Statutory Time Limit
2. The approved refuse store shall have been completed and be available for use before the development, hereby approved, is brought into beneficial use. Full details of its appearance shall first have been submitted to and approved by the Local Planning Authority. Reason. To ensure that well designed refuse storage arrangements are available.
3. D7Z Contaminated materials
4. Prior to the commencement of development, ground permeability tests shall have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of surface water shall have been submitted to and approved by the Local Planning Authority. The scheme shall be completed as approved. Reason. In the interests of good and sustainable drainage.
5. Foul water and surface water discharge shall drain separately from the site. Reason. To protect the integrity of the public sewerage system.
6. Surface water shall not drain either directly or indirectly, to the public foul/combined sewerage system, unless otherwise approved in writing by the Local Planning Authority. Reason. To prevent hydraulic overloading of the public sewerage
115 system, to protect the health and safety of existing residents and ensure no detriment to the environment.
7. Land drainage run-off shall not discharge, either directly or indirectly, into the public sewerage system. Reason. To prevent hydraulic overload of the public sewerage system and pollution of the environment.
8. Before the second floor flats hereby permitted are brought into beneficial use, sound insulation works shall have been applied to the floor/first floor ceiling structure beneath them, in accordance with a scheme which has first been submitted to and approved by the Local Planning Authority. Reason. To protect the occupiers of those flats from noise.
9. H7G Plant Noise
10. No external public address system shall be used to call worshippers to prayer. Reason. To protect the occupiers of nearby residential accommodation from noise, particularly at unsociable times.
11. All fumes from the ground floor kitchen shall be mechanically extracted through the extraction system shown on amended application drawing nos. A.01.R12, A.02.R12, A.03.R12, A.04.R12, A.05.R12 and A.07.R12, and the extraction system shall be fitted with a deodorising filter. Details of the extraction system shall have been submitted to and approved by the Local Planning Authority prior to its installation, and it shall have been installed, and be ready for use, before the commencement of food cooking in this kitchen. The equipment shall be maintained in accordance with the manufacturer’s guidelines. Reason: In the interests of residential amenity.
12. The car and cycle parking provision shown on the application plans shall be in place before the building hereby permitted is brought into beneficial use and thereafter these facilities shall be retained and used for no other purpose. Reason. To ensure that secure and satisfactory car and cycle parking facilities are available.
13. Prior to the commencement of construction, a scheme of construction management shall have been submitted to and approved by the Local Planning Authority, and the development shall proceed in accordance with the approved scheme. The scheme shall include details of site enclosure and access during development. Reason. In the interests of highway safety and amenity.
14. Full details of the proposed pavement crossovers shall have been submitted to and approved by the Local Planning Authority before construction of the proposed building is commenced. The approved crossovers shall have been completed before the building is brought into
116 beneficial use. Reason. In the interests of highway safety.
15. No development shall take place until a scheme showing the architectural detailing of the buildings has been submitted to and approved in writing by the Local Planning Authority and the development shall accord with the approved scheme. The submission shall include details of the proposed fenestration, the entrance and the railings. Reason: To ensure a satisfactory finished appearance to the development.
16. C5A Construction of Site Enclosure
17. Samples of the buff facing brick, which is to be used in the building's lower walls, and of the roof slate, shall have been submitted to and approved by the Local Planning Authority. Only the approved brick type and slate shall be used. Reason: To ensure that the brick is of an appropriate colour, texture and quality, and that the slate is appropriate for this site, bearing in mind that adjacent buildings are listed and the proposed building would be prominent.
18. This permission relates to amended drawing nos. A.01.R12, A.02.R12, A.03.R12, A.04.R12, A.05.R12, A.06.R12, A.07.R12, A.08.R12, A.09.R12 and A.10.R11. Reason: For the avoidance of doubt.
19. The window panes, which are shown on drawing nos. A.06.R.12 and A.08.R.12 as being obscurely glazed, shall be obscurely glazed, and shall be so maintained. Reason: To protect the privacy of neighbours.
RECOMMENDATION 2: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation
117 or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: That the agent be informed that Welsh Water have noted that the developer intends for surface water, generated by the development, to communicate with the public sewerage system. However, Welsh Water advise that surface water can be suitably controlled on virtually any development via the integration of one of the many forms of SUDS techniques available. A very good justification would be required not to incorporate a sustainable approach in a development. This should be investigated fully and discussed with Welsh Water.
RECOMMENDATION 5: That the developer be invited to contact the Council’s Transportation Service to obtain information to encourage users of the building, prior to it being brought into use, to use sustainable transport methods.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application seeks planning permission for the redevelopment of the former Great Eastern Hotel and adjacent land, on the corner of Metal Street and Sun Street. The application proposes a three storey, plus basement, building which would accommodate a ground floor community centre, a first floor school and, on the second floor, six flats. This application was approved by the Planning Committee on 8th July, as recommended above, subject to no objections being received by 16th July. Objections were received so the application was reported back to the 12th August meeting, for reconsideration, when it was resolved to defer for a Committee site inspection on 7th September.
1.2 The footprint of the building would be roughly rectangular, with a splayed north-east corner where the ramped/stepped entrance would be located. The first and second floors would follow an ‘L’ shape, fronting onto Metal Street and Sun Street, and overlooking the flat sedum green roof of a ground floor community centre hall to the rear. The roof would be enclosed by railings, but would not be directly accessible from the building. Its frontage to Sun Street would be 28m long, and to Metal Street 21m. The proposed building would be higher than the existing Great Eastern pub. The eaves heights are 7.4m (existing), 9m (proposed) and the ridge heights are 11.5m (existing), 12.5m (proposed).
1.3 Parking for 15 cars, and 48 cycles, accessed via a gated 1 in 5 gradient, ramp, on the west side of the building, from Sun Street, would be accommodated in a basement. A refuse store, accessed from Metal Street, would be located at the south-east corner side of the building. The ground floor would be at approximately 0.2m above the pavement. The entrance would be approached by steps, and by a ramp. All floors, including the
118 basement car park, would be linked by a lift and stairs.
1.4 The plans show the following accommodation:
(i) Ground Floor - main men’s hall, a smaller women’s hall/ playroom, dining room and kitchen toilets (ii) First Floor - nine 17m2 to 23m2 classrooms, a library, a staff room and toilets (iii) Second Floor - five flats ranging from a 105m2 three bedroom unit to a 38m2 one bed unit.
1.5 The application proposes to face all of the building’s walls in white painted smooth render, above a buff facing brick plinth. The roof would be of blue/black slate. Window frames would be of upvc construction.
1.6 The entrance, on the corner of Metal Street and Sun Street, would be splayed, and glazed almost from the ground to the roof.
1.7 The cooking area, in the kitchen, would be vented via a flue within the building, which would emerge through the rear roof slope.
2. DESCRIPTION OF SITE
2.1 The application site has an area of 1073m2. The site comprises the disused Great Eastern public house and open land to its west. The former public house building is in two parts – a (high) two storey building fronting onto Metal Street, and a three storey scale building behind it.
2.2 The site is adjoined to the south and west by the grounds of Adamsdown Primary School. To the north of the site on the opposite side of Sun Street, are the Grade II listed St. German’s Vicarage and the Grade I St. German’s Church. To the east of the site on the opposite side of Metal Street, is a two storey residential terrace.
3. SITE HISTORY
3.1 01/85R – planning permission for a part single/part two storey community centre, on the western half of the current application site, was granted on 18th April 2001.
3.2 99/2088R – outline planning permission was granted for a 5 flat residential development on 10th February 2000. The application site was, again, the western half of the current application site.
3.3 05/2744C – outline planning permission was granted for the residential redevelopment of the current application site, including the former Great Eastern public house, on 19 January 2006. The number of dwellings and the scale of the development were not specified, all matters of detail being reserved for subsequent approval. One of the conditions attached to this
119 permission required the height of the permitted building to be in keeping with, and sympathetic to, the surrounding residential and school buildings.
3.4 08/489C – planning permission was refused for a development of similar scale to the present proposal. This application proposed use as a religious community centre, a school and six flats. It was refused in July 1008 for reasons relating to design, detracting from the setting of a listed building (St. German’s Vicarage), an unsightly extract flue, an unacceptably steep access ramp, and the omission of a satisfactory refuse storage facility.
4. POLICY FRAMEWORK
4.1 The site lies within an area identified on the Local Plan Proposals Map as being within an existing housing area.
4.2 The relevant City of Cardiff Local Plan Policies are as follows:
Policy 11 - Design and Aesthetic Quality Policy 12 - Energy Efficient Design Policy 17 - Parking and Servicing Facilities Policy 18 - Provision for Cyclists Policy 20 - Provision for Special Needs Groups Policy 31 - Residential Open Space Requirements
4.3 The relevant policies within the Deposit Cardiff Unitary Development Plan (October 2003) are:
Policy 2.20 - Good Design Policy 2.21 - Change of Use or Redevelopment to Residential Use Policy 2.24 - Residential Amenity Policy 2.26 - Provision of Open Space, Recreation and Leisure Policy 2.51 - Statutory Listed Buildings Policy 2.57 - Access, Circulation and Parking Requirements Policy 2.64 - Air, Noise and Light Pollution Policy 2.74 - Provision for Waste Management Facilities
4.4 The following SPG’s are relevant:
Access, Circulation and Parking Requirements Waste Collection and Storage Facilities Community Facilities and Residential Development
4.5 Planning Policy Wales – March 2002, and TAN’s 12 (Design) and 18 (Transport) are relevant.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Transportation Officer makes the following observations:-
120 (a) General Comments The proposed gates, into the grounds, would be adequate.
The access from Sun Street would need to be subject to detail design, and a condition should be imposed to ensure that this is the case.
(b) Travel Plan No travel plan has been submitted. Although not a requirement, he requests that the following points are reviewed by the developer and that consideration be given to the promotion of sustainable travel for the site users.
He recommends that a communal area, within the development, is used as an information point for sustainable transport methods in the area, with details of any prearranged discounts with local taxi firms and bus timetable information for residents and visitors. He can provide leaflets, local advice and bus timetable information upon request.
He points out that there is advice on the promotion of sustainable travel in the English Department of Transport’s “Guidance on Traffic Assessment - Promoting Smarter Choices via Travel Plans”.
(c) Parking There are no visitor parking spaces mentioned within the proposals. Although not a requirement it would be preferred that it is discussed within the “Travel Information Point” contents to limit any potential impact in the surrounding areas. He recommends the imposition of a condition to require the provision and maintenance of car parking on site.
Motorcycle Parking spaces have not been shown on the plans. He wonders if there are to be any provisions for this?
The proposed 48 cycle stands would be adequate, and would help promote sustainable travel. However, the layout should be revised to maximise use of the stands. There is a potential visibility issue between vehicles and cycles at the car park entrance.
(d) Construction Management Plan The construction of the development should not commence until he has considered and approved, a construction management plan.
(e) Public Transport He recommends that a financial contribution of £3,120, to be spent on improving public transport infrastructure in the Metal Street/ Constellation Street area, should be sought.
(f) Travel Plan: He recommends that public transport options be provided to tenants, students and regular building users upon opening, as a welcome pack,
121 as this can set sustainable transport behaviours. Leaflets are available from him about bus and cycle routes in the area, as well as guidance on the kind of information to provide within the pack which would promote sustainable travel behaviours. Liaison with the Council’s Transportation Service should be sought to help achieve this.
5.2 The Strategic Planning Manager observes that the site is in a residential area, as defined by the Local Plan. The site accommodates a public house, which has been unused for some years, and unused adjacent land. Paragraph 6.4.3 of the Local Plan establishes the acceptability, in principle of non-commercial community uses in residential areas. As community centres and educational facilities are appropriate uses in residential areas, he has no land use policy concerns.
5.3 The Chief Highways and Waste Management Officer has no objection but recommends the imposition of a sustainable drainage condition.
5.4 The Waste Management Manager Officer observes that the plans for refuse storage are good. She has also offered detailed advice, which has been forwarded to the agent.
5.5 The Environment and Public Protection Manager has no objection to the application. He recommends that an imported soils condition be attached to any permission. He also recommends conditions to require sound insulation works between the first floor school ceiling and the second floor flats, to limit plant noise, and to prevent the use of any external public address system to call worshippers to prayer. He has no concern about the routeing of the proposed extract flue or its discharge point, but needs to know more about the system itself. He also makes a radon gas and a contamination recommendation.
5.6 The Parks Partnership Manager recommends that an off-site open space contribution of £7,724 would be appropriate, and should be achieved through a S106 obligation.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Welsh Water have no objection, but recommend that drainage conditions be attached to any permission.
6.2 The Police Architectural Liaison Officer has no comment.
6.3 The Glamorgan Gwent Archaeological Trust has no comment.
7. REPRESENTATIONS
7.1 Cllr. Dixon believes that this application proposes an overdevelopment of the site, being far larger in scope than previous applications in 2000 and 2001, and the development would still not be sympathetic to its setting.
122 It is his opinion that the development would attract additional traffic in Metal Street, which is a road already seeing increased traffic flow from the new one- way system in Clifton Street, and an increase in parking pressures in an area already at saturation point. All of this cumulative impact would lead to a loss of amenity for local residents with additional noise and the significant additional footfall that the developers anticipate, and consequential disturbance.
The Great Eastern Public House is a building of some local importance, being one of the two original farm houses in the area, and the oldest building in the ward, originally built in 1596. His opinion is that the development will erase the considerable character of this significant building.
Additionally, the neighbour, St German's Clergy House would also suffer a loss of light and privacy as a result of the extra storey and the second-floor flats overlooking the house.
He asks that, in any event, a decision should be deferred until the Committee has had an opportunity to see the proposed architectural detailing in full, to ascertain that the design of the development is in character with the surrounding environment.
He understands from local residents, that the applicant has visited them at home without invitation when he learned of their signing of a letter of objection to the application, and that this left them feeling intimidated. In some instances, he has been told, that the applicant was demanding private phone numbers of signatories. He would take a very dim view of any applicant who sought to apply pressure to objectors in this way, and asks that this be reported to the Planning Committee as, he believes, this behaviour to be unacceptable.
He will be presenting a petition at the Planning Committee Meeting.
7.2 Nearby residents, and the head teacher of the adjacent school, have been notified, and the application has been advertised on site and in the press. The amended application was republicised. A letter of objection, signed by the occupiers of no. 18 Eclipse Street, nos. 59 and 71 Metal Street and nos. 33, 41, 43, 44B, 50, and Phoenix House, System Street has been received. The signatories object to any further development of the site for the following reasons:
• There are already community centres in the locality (in Metal Street and Star Street) as well as Adamsdown Primary School, where there is going to be an integrated drop-in centre. • There are already serious traffic and parking problems in the area. Traffic has been diverted onto Metal Street and System street, away from Clifton Street, which has made things worse • They wonder whether consideration has been given to vetting the occupiers of the proposed flats, as they would be above a school
The occupier of 71 Metal Street was further concerned that persons
123 connected with the application knocked on her door asking why she is opposed to the application. She considers that she is under no obligation to explain. The occupier of no. 18 Eclipse Street has expressed further concern about what they consider to be the applicant’s bombastic approach.
7.3 The occupier of 51 System Street is concerned about the proposed development because:
• Neighbourhood is already full of cars and rubbish. • The owners of the application site have owned it for years and have not maintained it in a safe or hygienic condition. It is not secure and rubbish has been piled at the back to the point that a rat infestation has grown out of it. • The proposed development may not concern itself with the local community.
They are also concerned at the direct approach made to them by the applicant, because they have expressed concerns about the application. The applicant told her that they have already given the Council £11,000 towards the project and that they intended to move it forward. She found the approach to be intimidating. Her concern that the people behind the application have no concern for people in the neighbourhood was reinforced.
They have further understood that the CRI is set to re-open, which will add greater strain to the community’s ability to handle cars, people, cleanliness, noise and crime. The area cannot cope with the proposed centre.
7.4 Mrs. Sharpe, of 50 System Street, has submitted a petition, signed by 384 local residents. The petitioners object to the planning application for the following reasons:
• The scheme proposes an overdevelopment which would not be sympathetic to St. German’s Clergy House and Adamsdown School. • The development would add traffic and parking to streets which are already at saturation point. This would result in a loss of amenity for local residents because of extra noise and disturbance. • The Great Eastern is a building of local importance. It is one of two original farm houses, in the area, and is the oldest building in Adamsdown, dating from 1596. Its character would be erased if the development proceeds. • Neighbouring residents would suffer a loss of light and privacy, as a result of the extra storey and second floor flats.
They are concerned that the building has been left to deteriorate and has become the source of a rat infestation. They state that a potentially catastrophic gas leak, from the site, had to be dealt with recently.
7.5 In support of the application the agent advises that the background to the application is that, since 1995, Arabic teaching has taken place at 28 The Parade. Approximately 90 students attend classes there. There are 12
124 teachers. The school governors have decided to build a building of their own. In the proposed centre they hope to have a multi-purpose hall, a kitchen able to cater for events, and to supply students with meals. There would be classrooms, and residential facilities for specialist teachers visiting from other parts of Britain and beyond. The residential facility would enable visitors to stay in the centre. One of the proposed flats would be occupied by a caretaker. The school, like the facility at 28 The Parade, would operate only at weekends. The multi-purpose hall would be used to accommodate events and as a place of worship.
8. ANALYSIS
8.1 This application was reported to the Planning Committee on 8th July, when the recommendation to grant planning permission, subject to a Section 106 Obligation was accepted. However, amended plans had been publicised, and the end date for making representations was 16th July. Objections were received before 16th July, so the application was brought back to the Planning Committee, in August, for reconsideration. It was then deferred to enable Committee Members to visit the site on 7th September.
8.2 Bearing in mind the history of use of part of the site as a public house, the previous planning permissions for the development of a community centre and residential developments, and taking into account the provisions of the development plan and the character of the area, the proposed community, school and residential uses are considered to be acceptable in principle.
8.3 The application site is prominently located and is in an area of mainly two storey buildings, though St. German’s Church, across the road and to its north, is of a much greater scale, probably the equivalent of five or six storeys. It is necessary not only to consider the design of the proposed building, but also its relationship to its context and its effect on the setting of St. German’s Vicarage, on the opposite side of Sun Street. The design of the proposed building has been the subject of considerable change, following negotiations, to overcome earlier concerns. The amended elevational drawings are considered to be acceptable though, as they lack detail, an architectural detailing condition should be attached to any permission. There were originally significant inclusive access problems, but these have also been resolved. The design of the railings, which it is intended to install in various parts of the development, also needs to be made the subject of a condition, to ensure that they are of a good standard.
8.4 The proposed flats would be of an acceptable size and layout. The orientation of the building would be such that it should enjoy considerable solar gain. The siting of the building, fronting directly onto the pavement, is typical for the area.
8.5 The agent has confirmed that, in the event of planning permission being granted, the applicant would be willing to agree to pay a £7,724 off-site open space, and the £3,120 public transport infrastructure contributions.
125 8.6 It is considered that the elements of the previous scheme, which resulted in its refusal, have been satisfactorily addressed.
8.7 The objectors’ concerns are noted, but it would be difficult to justify a refusal of planning permission on parking or traffic grounds in the absence of an objection from the Operational Manager, Transportation. The need to vet the occupiers of flats above a school is not considered to be a material planning consideration. The rat infestation allegation is being investigated by the Council’s Pest Control team.
8.8 Cllr. Dixon suggests that the buildings on the application site are of some local importance. However, they are not listed, nor are they in a conservation area, therefore their demolition is outside the control of the Local Planning Authority. Planning permission has previously been granted for the redevelopment of the buildings. Cllr. Dixon also raises the matter of the effect on St. German’s Clergy House. The proposed building would have an eaves height of 9m, and would be to the south of the House, from which it would be separated by the width of Sun Street. The buildings would be 14m apart. Because the Clergy House is to the north of the proposed development, there would be some overshadowing some of the time when the sun is low in the winter, but not to an extent which could justify a refusal of planning permission. The proposed building would have windows, at the rear of pavement, facing towards the Clergy House and towards houses, on the east side of Metal Street, but this is the usual pattern of development in Adamsdown and other inner city areas and total privacy is not to be expected at the front. There are first floor windows in the existing building, which are almost at the rear of pavement. It is not considered that additional second floor windows would increase overlooking significantly. If the building were to be set back, it is likely to look out of character with its context. It should be borne in mind that, although the previous application for a similar redevelopment was refused, the reasons did not relate to overshadowing, privacy or parking issues.
8.9 Since the application was last considered by the Committee, the agent, aware of the concerns which have been raised about possible loss of privacy to residents living opposite the site, has volunteered to obscurely glaze the lower panes of all of the front second floor windows. This offer is welcome and should alleviate some of neighbours’ fears, as well as leaving future occupiers of the proposed building with an outlook through the upper panes. To ensure that the obscure glazing is put into place, and retained, a condition is recommended.
8.10 It is recommended that planning permission be granted, subject to a S106 obligation to achieve the contributions outlined in paragraph 8.5 and to conditions.
126 127 128 129 LOCAL MEMBER OBJECTION
COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/533/C APPLICATION DATE: 02/04/2009
ED: PLASNEWYDD
APP: TYPE: Outline Planning Permission
APPLICANT: Ardec Properties Ltd. LOCATION: 47-65 CITY ROAD, ROATH, CARDIFF, CF24 3BL PROPOSAL: DEMOLITION OF ALL BUILDINGS. PROPOSED HOTEL - WITH RETAIL AT GROUND FLOOR LEVEL ______
RECOMMENDATION: That planning permission be REFUSED for the following reasons:
1. The application is not accompanied by a transport assessment, as required by Planning Policy Wales, TAN 18, Transport, in the absence of which a meaningful assessment of the impact of the development cannot be made.
2. The application envisages a high and bulky building which would look out of scale and character with the adjacent two storey terraces in City Road and St. Peter’s Street and detract from, and dominate, the street scene in an incongruous manner. It would thereby be a poor design which would not accord with Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan, Policy 2.20 (Good Design) of the Deposit Cardiff Unitary Development Plan (October 2003), or with the advice in Planning Policy Wales, TAN 12, Design.
3. The application envisages a substantial three storey flat roofed rear wing which, by reason of its height, length, its windowless north wall, massing and bulk, and its proximity to 67 City Road and dwellings to its west in Bedford Street, would dominate its surroundings, and overbear and detract from the amenity of neighbours. This element of the proposed development would thereby be a poor design and unneighbourly and would not accord with Policy 12 (Design and Aesthetic Quality) of the City of Cardiff Local Plan, Policies 2.20 (Good Design) and 2.44 (Residential Amenity) of the Deposit Cardiff Unitary Development Plan (October 2003), Planning Policy Wales and TAN 12, Design.
4. The application fails to demonstrate how the development could satisfy and comply with Policy 12 (Energy Efficient Design) of the City of Cardiff Local Plan and 2.20 (Good Design) of the Deposit Cardiff Unitary Development Plan (October 2003) in terms of the use of windowless rooms within the hotel.
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1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 An outline application to redevelop the site with ground floor retail units and a 93 bedroom hotel above, and behind. All matters of detail, access, appearance, landscaping, layout and scale, are reserved for consideration at the Reserved Matters stage.
1.2 Although the application is in outline, drawings have been submitted which show the likely layout, scale and access. The application is supported by a Design and Access Statement.
1.3 The application drawings show two ground floor retail units. The larger shop unit, on the corner of City Road and St. Peter’s Street, would have an area of 584m2. The adjacent smaller unit, fronting onto City Road, would have a floor space of 272m2.
1.4 The hotel, as illustrated, would have a 15m wide ground floor frontage to City Road, within which the reception desk would be located. The only catering facilities would be by vending machines. The application drawings show, on the hotel’s ground floor, areas for internet use, offices, luggage storage and seven disabled-friendly guest bedrooms.
1.5 The application drawings suggest a vehicular access from St. Peter’s Street, which would be used for servicing the hotel, the shop and A3 units, from the rear, and to access the suggested ten car parking spaces (two of which would be disabled spaces). A refuse storage area could be provided behind the larger shop.
1.6 The application drawings envisage that the hotel’s bedrooms, apart from the seven ground floor rooms those referred to in paragraph 1.4, would be on the first and second floors on the City Road and St. Peter’s Street frontages, and in a three floor wing, towards the northern site boundary. Eighteen of the hotel bedrooms, in the northern half of the proposed rear wing would have no windows.
1.7 The elevational drawings suggest a three storey ridged roofed building fronting onto City Road with a large gable at the southern end, and another towards the northern end. The suggested eaves height would be 10.5m and a ridge height of 13m, apart from the northern-most 10m of the frontage (the hotel entrance area) where the eaves height of a two storey element would be 7m and the high point of a monopitch roof would be 10m. The wall fronting onto St. Peter’s Street would be 7.5m high to the eaves, and 10.5m high to the roof ridge, near to the adjacent residential terrace, and higher again towards City Road. The three storey rear wing is shown to have a 10.5m high flat roof, reducing to 9.5m at its outer end, but 11m high at the front. The wing would extend up to the rear lane and be sited between 1m and 2m from the southern boundary of no. 67 City Road. Its total length would be 27m. Facing materials could include reconstituted stone, brick and render, with a slate roof.
131 1.8 The scale and design of the intended building has been modified, by the agent, in an attempt to overcome design concerns which he was made aware of.
2. DESCRIPTION OF SITE
2.1 The application site is in a prominent location on the corner of City Road and St. Peter’s Street. The existing buildings appear to be largely in storage use, with a small retail element, though substantial areas do not appear to be in active use. To its north and south are business premises, to its west and south are houses and flat, in Bedford Street, St. Peter’s Street and City Road. On the east side of City Road, in the vicinity of the site, are business uses, including the Tut and Shive public house.
2.2 The existing buildings on the site are mainly two storey. However, on the City Road frontage, there are two second floor gables, and there is a bulky three storey wing behind the northern end of the City Road frontage.
2.3 The adjacent buildings in City Road and Tavistock Street are mainly two storey.
3. SITE HISTORY
3.1 It is understood that, historically, much of the site was used as a dairy; but in recent years the predominant use has been for storage, but with a retail element. At 63/65 there was a club, in the large three storey building at the north end of the site, but this is now mainly used as a warehouse.
4. POLICY FRAMEWORK
4.1 The site is identified on the City of Cardiff Local Plan Proposals Map as being within the City Road area.
4.2 The following Policies of the City of Cardiff Local Plan are relevant:-
10 Contaminated or Unstable Land 11 Design and Aesthetic Quality 12 Energy Efficient Design 17 Parking and Servicing Facilities 18 Provision for Cyclists 40 Development in City Road 42 Hotel Development
4.3 The following Policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant:-
2.20 Good Design 2.24 Residential Amenity 2.34 Retail Development 2.36 District and Local Centres
132 2.57 Access, Circulation and Parking Requirements 2.63 Contamination and Unstable Land 2.74 Provision for Waste Management Facilities in Development
4.4 TAN 11 Noise, TAN12 – Design, TAN 18 – Transport and the SPG’s relating to Access, Circulation and Parking and Waste Collection and Storage Facilities are relevant.
5. INTERNAL CONSULTEES RESPONSES
5.1 The Highways, Infrastructure and Waste Management Officer has no drainage objection.
5.2 The Operational Manager Transportation objects to the application, and recommends that it be refused for the following reasons:
(i) The submission fails to comply with the requirements of TAN 18, in so much as the application does not include a Transport Assessment. Annex D.4 of TAN 18 identifies thresholds above which a Transport Assessment should be requested. In this case hotels in excess of 1,000 sq/m GFA. Annex D.1 and D.2 clearly set out the aims of the TA and the requirement to provide an understanding of the transport impacts of the proposed development;
(ii) The application fails to accord with the Access, Circulation and Parking Guidelines SPG as it does not include any on site cycle parking.
He also advises that, in the event that the application is amended to overcome his objections, and a satisfactory Transportation Assessment is submitted, then he would make the following comments and he offers indications of his likely requirements:
(a) A comprehensive Travel Plan would be required for all proposed users of the site and it should include specific advice in relation to the absence of on-site parking facilities for non-operational and non-disabled users.
The Travel Plan must include reference to travel modes to the hotel by guests, and require specific measures to address access by private car. Successful implementation of the Travel Plan should assist in reducing car journeys to and from the site, and help to mitigate the parking, and moving vehicle impact, of the development on the surrounding streets.
(b) The Access, Circulation and Parking Requirements SPG indicates that a hotel development must provide a minimum of one operational bay plus a maximum of one car space per bedroom. The number of car parking spaces required for guests of the hotel is therefore in a range of zero up to 116.
133 The SPG also indicates that A1 and A3 development of the proposed size should provide one operational bay (each), plus a patron car parking ratio, with a minimum of zero spaces.
(c) The application includes no details of cycle parking. The SPG cycle parking requirements are given below:
Access, Circulation and Parking Requirements - Appendix C: Hotels Long Stay (staff and visitors): 1 stand per 5 bedrooms. Shops/Retail use Long Stay (staff): 1 stand per 200m² (201-1000m²) Short Stay (visitors): 1 stand per 200m² Public Houses, Long Stay (staff): 1 stand per 5 employees Restaurants/Café, Short Stay (visitors): 1 stand per 40sqm of takeaways, drive- public floor space. thru.
With reference to this application, this equates to:
Hotel general use 116 bedrooms = 24 Cycle stands Shops/Retail staff 600m² of retail = 3 Cycle stands use Shops/Retail visitor 600m² of retail = 3 Cycle stands use Restaurants/Café Assumed 10 employees = 2 Cycle staff use stands Restaurants/Café 300m²of restaurant/café = 8 visitor use Cycle stands
The total number of Cycle Stands required to accord with the SPG would therefore be 40 stands (29 long stay, 11 short stay) for this application.
However, he acknowledges that a large number of stands could prove difficult to accommodate within the limited space available on the site, as shown on the application plans. He would therefore consider a financial contribution in lieu of provision of the full number of stands on site, which would be used towards the provision of cycle stands and other cycle facilities locally.
(d) He is likely to seek a financial contribution towards improvements to public transport infrastructure in the vicinity of the site. A contribution could be used towards upgrading the existing bus stops on City Road, adjacent to and north of the site, with the addition of CCTV and RTI.
(e) A construction management plan condition is likely to be recommended.
5.3 The Environment and Public Protection Manager has no objection to the
134 application but seeks the imposition of conditions, to protect first floor hotel residents from the proposed ground floor shop and A3 uses, to limit noise levels from fixed plant and equipment, to prevent deliveries between 20.00 hrs and 08.00 hrs, to control cooking emissions, and to deal with contaminated land issues and imported soils and materials. He also makes recommendations about construction noise, radon gas and contaminants.
5.4 The Waste Management Officer advises that the indicated refuse storage proposals would be good.
5.5 The Strategic Planning Manager observes that the application should be assessed against policies 40 and 46 of the Local Plan and supplementary planning guidance on ‘Restaurants, Takeaways and other Food and Drink Uses’ (1996). Policy 40 states that within the City Road area business development, housing, shops and financial and professional services will be favoured. Food and drink uses will only be permitted where there would be no unacceptable adverse effect upon residential amenity, taking into account existing concentrations of such uses. Policy 46 states that proposals for hotel development will be favoured at other locations within the urban area, if there is no need to preserve the site for its existing or allocated use, assessed against relevant policies of the plan. Paragraph 3.3 of the SPG states that due to the existing numbers of food and drink outlets along City Road, the opportunities to set up more or to extend the operations of existing premises are likely to be extremely limited.
The site is currently used for a mixture of warehousing, office uses, wholesaling and retail. Given that the uses are spread over a range of buildings in varying states of repair and that a large proportion of the site is given over to a surface level car park, it is not considered essential to preserve the site for its current uses. Although hotels are not specifically mentioned within Policy 40, the policy does favour a mix of uses within City Road. Given the wide variety of uses within City Road at present, the proposed hotel use does not raise any concerns. The site is located on a main road into the city and close to the city centre, so is considered a suitable location for a hotel.
The loss of the existing A1 unit would be compensated for by the provision of the 582m2 new shop unit, so it is not considered that there would be a detrimental impact upon the shopping role of City Road.
The SPG (para 3.6) states that account should be taken of the existing mix of facilities in the area and of the effect which an additional non-shopping use may have on the centre as a whole, or any particular row of shopfronts. The A3 use would, in part, be ancillary to the hotel use above. Within the remainder of the frontage (no.67-87) there is only one existing A3 use. It is not considered that the proposed A3 use would lead to an over-concentration of such uses within this frontage.
He further observes that the proposed hotel would be a high-density development, which would generate significant pedestrian activity within the
135 area. The proposal represents a significant intensification of use, and this requires the development’s relationship with the public realm within the vicinity of the site to be a key consideration in the determination of this application.
The proposed hotel would be in close proximity to the City Centre Principal Business Area and the ‘Fringe’ area of the approved City Centre Strategy 2007-2010. The small number of parking spaces proposed on the site means that visitors are likely to arrive at the hotel via modes other than the car, and would consequently be likely to access the city centre on foot. The proposed hotel would significantly increase footfall along City Road, with a detrimental affect on what is already an inadequate and poor quality public realm. Consequently, improvements to the public realm would be necessary to mitigate the impact of the hotel and to ensure an orderly form of development.
Policy 1.C of the deposit Unitary Development Plan seeks to secure infrastructure improvements through planning obligations arising from new development proposals. Policy 2.55 of the deposit Unitary Development Plan identifies the need for new developments to make appropriate provision for public realm improvements. In addition, Policy B2 of the adopted South Glamorgan (Cardiff Area) Replacement Structure Plan favours measures to improve the environmental quality of the urban fabric.
The approved City Centre Strategy (2007-2010) states that new developments will be expected to enhance the appearance, accessibility and the use of the public realm through the choice of materials, street furniture, planting, and the layout and uses proposed. This is supported in the ‘Urban Design and Public Realm’ Chapter which contains a Strategic Objective to apply a consistent approach to the negotiation and use of Section 106 developer contributions for environmental enhancements and an Action “to secure contributions from new developments for public realm enhancements”
The City Centre Strategy’s ‘Fringe’ area includes a number of properties at the southern end of City Road. However, the application site lies just outside this area, to the north. Notwithstanding this, given the very close proximity of the site to the ‘Fringe’ area, it is considered that the Strategic Objectives and Actions of this area are relevant and applicable to the current application. As such, the Fringe area includes the following Strategic Objectives and Actions:
Strategic Objectives:
• To improve pedestrian and cycle links to the city centre and Cardiff Bay; • To improve the quality of the public realm; • To maximise the regeneration benefits of new developments in the area.
Actions:
• Major public realm improvements together with enhanced pedestrian/ cyclist links.
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In respect to the above, a scheme is currently being prepared for the improvement of the pedestrian area at the southern end of City Road, including the extension of footways to improve pedestrian safety in this busy area.
Other proposals for the area include the replacement of poor quality paving within the adjacent Tredegarville Conservation Area, and improvements to Shelley Gardens, a nearby public park.
These schemes are entirely dependent on private sector developments and the quality of their design and subsequent implementation is restricted due to limited funds being available.
The precedent of securing developer contributions towards public realm enhancement schemes is now firmly established. Recent examples include:
• 07/01383/C secured £10,000 towards public realm improvements from the change of use from class A1 (retail) to A3 (bar / restaurant) at 199- 201 Richmond Road and 1a Crwys Road (with a total floor area of 455 sq m).
• The Sleeperz Hotel development (76 Beds) at the corner of Saunders Road / Penarth Road (04/03027/C) secured £40,000 towards necessary public realm improvements.
• 07/02844/C provided £40,000 from an extension application to provide an extra 24 bedrooms at the existing Thistle Hotel at No.1 Park Place.
In order to offset the adverse impact that the proposed development is likely to have on the existing public realm in the area, and acknowledging the scale and intensification of use associated with the proposal, he considers it to be reasonable for the applicant to provide a financial contribution of £50,000 towards necessary public realm improvements within the vicinity of the application site.
6. EXTERNAL CONSULTEES RESPONSES
6.1 Welsh Water request conditions relating to drainage.
6.2 The Police Architectural Liaison Officer offers the following advice:
City Road has high pedestrian and vehicular use. The crime in the area is high with 469 incidents in the immediate area, which including 22 incidents relating to vehicle nuisance, 11 theft of motor vehicles, 44 theft from motor vehicles and 23 incidents of criminal damage to vehicles.
This is an extremely busy area with traffic congestion at peak periods and periodically during the evening. There can be difficulties in parking in this area, especially if drivers are trying to park at a specific location, resulting in
137 an increase in roadside parking. This can lead to a risk of increased vehicle crime as well as an increase in illegal parking along City Road and nearby Streets.
Free roadside parking is at a minimum in this area, with resident only parking in some surrounding streets and very little non restricted parking.
The application does not propose adequate car parking provision to serve the proposed development and this would be likely to result in a rise of on-street parking demand, which cannot be met, which would be hazardous, and would not accord with Police 17 – Parking and Servicing Requirements, of the City of Cardiff Local Plan. Policy 2.57 – Access, Circulation and Parking Requirements, of the Deposit Cardiff Unitary Development Plan (October 2003) and the Access, Circulation and Parking Requirements S.P.G.
It is essential that the Local Authority and the Police monitor applications which may affect crime and disorder levels in the City Road and surrounding areas.
The access lane entrance should be gated to prevent casual intrusion by unauthorised persons.
She recommends that the building be built to Secured by Design ‘Commercial’ standards.
7. REPRESENTATIONS
7.1 The application has been advertised on site and in the press, neighbours have been notified and Local Members have been consulted.
The following representations have been received.
(a) Seventy five objections have been received. The objectors are a combination of local residents and traders, and of people who attend, or are connected with, St. Peter’s Church, St. Peter’s Street. The concerns which have been raised are:
(i) Such a large development, serviced by so few car parking spaces, would result in unacceptable parking pressure and chaos, in a locality where parking pressures are already great. This would cause enormous difficulty to local residents, St. Peter’s worshippers and other users of its facilities and traders. It has been pointed out that some people attending St. Peter’s Church park on the application site (by agreement with its owner). Illegal parking is already a serious problem. As well as religious services, many groups and societies use St. Peter’s Church. The proposed development could seriously affect the operation of the Church and result in the cessation of the activities which operate there, if the parking situation worsens as a result of the proposed development.
138 (ii) Inadequate facilities for deliveries mean that vehicles would park on an already congested, City Road, resulting in additional congestion. (iii) The proposed buildings would be massive, out of scale and intrusive. (iv) The proposed buildings would result in a loss of light and amenity to neighbours, and the uses would increase noise nuisance to local residents. (v) There are already too many food and drink establishments in the locality, which cause nuisance. The proposed development would add to this nuisance in terms of late night activity, anti- social behaviour and litter.
(b) Two letters of support have been received from a Bedford Street resident, and from a Mr. Mark Haslow (no address given). They support the redevelopment of a run-down site and of a proposal which could revitalise the area.
(c) Cllr. Berman objects to the application. He would welcome the regeneration of a long disused and dilapidated site, but is concerned that a 116 bedroom hotel, with only 9 car parking spaces, would generate huge problems for nearby residents. It is unrealistic to expect that such a large hotel would only require 9 spaces. On-street parking is not available. There would be a conflict between hotel visitors seeking to park and those who attend St. Peter’s Church and Church Hall. The ongoing viability of both could be threatened. The proposal could have merit if accompanied by sufficient off-street parking.
Cllr. Stephens is concerned that only 9 car parking spaces would be provided.
(d) Jenny Willott, MP, advises that she has been contacted by a number of constituents who are concerned that the application proposes too much development for the site. She shares their concern. Light to neighbours, including the Presbytery to St. Peter’s Church would be affected. The proposed car parking provision would be totally inadequate. There are no public car parks in the area, so it is inevitable that hotel guests would park in resident-only bays in St. Peter’s Street and in shoppers’ bays in City Road; having a negative impact on local residents and local businesses.
(e) Jenny Randerson AM objects to the application on the basis that the proposed development would generate huge parking problems for local residents and the local community. The redevelopment of this run- down site has its merits but 9 car parking spaces for a 116 bedroom hotel would be woefully inadequate in this City Centre location, where resident parking is already at a premium. The viability of local facilities, such as shops and St. Peter’s Church and Church Hall, would be greatly threatened as patrons would be unable to park and would be forced to patronise other venues.
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7.2 In support of the application the agent makes the following significant points:
• Policy 40 of the Local Plan is specifically designed to guide the nature of development in City Road. The reasoned justification to the policy strongly suggests that City Road is in need of regeneration. Whilst some progress has been made in this respect since the adoption of the LP, the need for additional regeneration is still apparent for the reasons set out in the Plan. The Plan envisages City Road to develop with a mixture of uses. The uses proposed in this redevelopment are considered appropriate and would assist significantly in aiding the regeneration of this part of City Road. • It is proposed that the smaller of the retail units be used for A3 purposes, which is considered compatible with the Hotel proposed above. Indeed, since the Hotel would not have full-scale catering facilities, the A3 use would provide a service for residents throughout the day. • The provision of UDP Policy 2.20, on design is relevant since it contents take account of national policy (PPW 2002 and TAN 12). Accordingly this draft policy should be afforded considerable weight. • City Road is one of the City’s main traffic arteries, with excellent access to public transport routes. The City Centre is easily accessible either by bus, taxi or foot. For these reasons and in the interests of reducing reliance on the motor car, no parking provision for hotel residents, other than the disable, would be made. Car parking is otherwise restricted to the operational requirements of the proposed uses. • Two gabled “book-ends” are proposed to distinguish the form of the unit. The glazing on the ground floor would take a relatively contemporary form. The massing and scale of the unit as a whole is such as to invoke the perception of regeneration taking place. That is, this is a relatively large, wide site and it demands a building of the proposed scale. • A limited, third floor of hotel accommodation is intended. This would cause little visual influence, when viewed from City Road, since it would be well back from the main roof. All the accommodation on the northern boundary of the site would be internally ventilated and windowless, thus avoiding issues relating to overlooking. The northern facing elevation would be of a similar height to the existing building. • The height of the proposed building on the St Peter’s Street frontage compares well with that of the three storey units of Pascal Court on the opposite corner of the junction. A step-down in height is envisaged between the main three storey element and 17 St Peter’s Street. No pedestrian access to the shops is envisaged from St Peter’s Street.
• The proposed development would:
(a) satisfactorily respond to its local character and context; (b) achieve a legible development relating well to the public realm; (c) Provide a safe and accessible environment for everyone who might use or visit it;
140 (d) provide an efficient use of resources and, in that it place no reliance on the motor car, and would contribute significantly to achieving the Council’s sustainability objectives; (e) satisfactory address issues of layout, density, scale, massing and height.
8. ANALYSIS
8.1 The existing buildings on the application site are non-descript and of little character. They, and the related land behind and beside them, are in poor condition and untidy. In principle, a sensitive and well designed redevelopment of the site would regenerate and upgrade the area and be welcome.
8.2 Hotel and shop uses are considered to be appropriate uses for this location in a commercial part of City Road. Although A3 use was never referred to in the application description, supporting documentation suggested that the smaller retail unit was to be a café or restaurant. Amended plans, and a letter from the agent, have since made clear that no A3 use is proposed.
8.3 Although the application is in outline, drawings have been submitted which given a good indication of the intended layout, scale and access. They imply a desire to achieve a high density of development, including 93 hotel bedrooms. The design and scale of the proposed buildings, (taking into account the amended plans) suggests a development which would be seriously out of scale and character with its surroundings, as well as being unneighbourly. It is conceded that the reduction in scale of the proposed building which results from the number of hotel bedrooms dropping from 116 to 93, has made the building less bulky than originally intended, but the building would still be significantly higher than the adjacent terraces.
8.4 Looking at the suggested elevation to City Road, the application drawings show a proposed main eaves height of 10.5m and a roof ridge height of 13m, compared with the adjacent terrace’s 5.5m eaves height and 8m roof ridge height. Such a disparity in the scale of adjacent terraces would, it is considered, result in a development which would look seriously out of scale and character and amount to a poor and incongruous design. The same issue arises in St. Peter’s Street.
8.5 The proposed three storey flat roofed rear wing would replace an existing large building, which is itself out of scale and character with its surroundings, and whose demolition would be welcomed. The application suggests replacing this building, with a building which would be slightly taller, at the eaves, but with a marginally lower maximum roof height, than the existing. However, the proposed building would, in part, be right on the boundary with no. 67 City Road, seriously overbearing and overshadowing those premises. Furthermore, by being wider (up from 8m to 11m), having a flat roof, and a north wall unrelieved by windows, this massive building could dominate its surroundings more than the existing, and look even more incongruous. The existing building has an eaves height of 10.5m and a
141 ridge height of 12.5m. The envisaged building is shown with a flat roof, which would be mainly 10.7m, partly 11.6m high. The application suggests that the proposed wing would present a 7.7m high by 11m wide wall to the rear lane, whilst the existing building is set in by 4m from the lane. It is considered that such a building would be seriously out of scale, over- dominant, overbearing and unneighbourly.
8.6 The major concern, raised by objectors, is that the proposed development would have little off-street parking. It will be noted that the Operational Manager, Transportation, objects to the application because it has not been accompanied by a Transport Assessment; however, it cannot be assumed that he would ultimately have a parking objection, if there were to be a satisfactory transport assessment, bearing in mind that the site is in an accessible and sustainable location, on the edge of the City Centre, and that the Access, Circulation and Parking SPG does not necessarily require car parking for guests. It is considered that planning permission should be refused, in the absence of a transport statement which precludes an ability to fully assess the transport implications of the proposal, as well as compliance with relevant transportation policies.
8.7 The Operational Manager, Transportation, has also recommended that planning permission should be refused, because the application does not show cycle parking. It is considered that it would be harsh to refuse planning permission for this reason, given that the application is in outline and that this issue of detail could be readily dealt with by condition, in the event of planning permission being granted.
8.8 Many of the hotel bedrooms would be windowless which, whilst sounding somewhat potentially unpleasant for guests, is understood to happen elsewhere. However, such rooms are likely to require constant ventilation and lighting which is unlikely to be energy-efficient or a good design, giving rise to conflicts with Policy 12 (Energy Efficient Design) of the Local Plan and Policy 2.20 (Good Design) of the Deposit UDP.
8.9 Discussions have taken place with the agent, with a view to securing a considerable reduction in the scale of the proposed development, which would have overcome our concern about the impact on neighbours, as well as, by repositioning the rear wing southwards, and making it smaller, allowing windows to be included in all bedrooms, without resulting in privacy concerns. The amendments submitted do not satisfactorily address these concerns. The submission of a Transport Statement was requested, but none has been received. Whilst the application is only in outline it is considered that the submitted information clearly indicates an intention to over-develop the site.
8.10 For the above reasons, it is recommended that planning permission be refused.
142 143 Coloured render
Fibre cement slates Boundary 13787 No. 67 No. 69 Facing brickwork 10568 Re constituted stone
St. Peter's Street 144
Proposed Front (City Road) Indicative Elevation
AMENDED PLAN 09/533C 00 01 02 03 04 05 10 15 20 26.08.09
Scale M
Project: Proposed Hotel, City Road, Cardiff NOTES / LEGEND: REVISIONS: Richard Whitaker Architects
Subject to structural and M&E design Rev A - 23 July 2009 43 Plas Saint Andresse Client: Ardec Properties Ltd. Revised eaves line indicated Penarth Haven Proposed Front (City Rd.) Rev B - 21 August 2009 Penarth Title: Indicative Elevation General update CF64 1BW
Tel: 029 2071 2631 Drawing No: P 08 Mob: 0781 8888 070
Email: [email protected] Scale: 1:200 @ A3 Date: March 09 Revision: B Colouerd render Facing brickwork
Facing brickwork
Existing rear alley
City Road 11618 10762
Boundary wall
No. 67 145
Proposed Side (North) Indicative Elevation
AMENDED PLAN 09/533C 00 01 02 03 04 05 10 15 20 26.08.09
Scale M
Project: Proposed Hotel, City Road, Cardiff NOTES / LEGEND: REVISIONS: Richard Whitaker Architects
Subject to structural and M&E design Rev A - 23 July 2009 43 Plas Saint Andresse Client: Ardec Properties Ltd. Revised eaves line indicated Penarth Haven
Rev B - 21 August 2009 Penarth Title: Proposed Side (North) General update CF64 1BW Indicative Elevation
Tel: 029 2071 2631 Drawing No: P 11 Mob: 0781 8888 070
Email: [email protected] Scale: 1:200 @ A3 Date: March 09 Revision: B Colouerd render
Fibre cement slates
Facing brickwork
No. 16 Poet's Corner
Boundary City Road
Re constituted stone
Access Lane 146
Proposed Side (St. Peter's Steet) Indicative Elevation
AMENDED PLAN 09/533C 00 01 02 03 04 05 10 15 20 26.08.09
Scale M
Project: Proposed Hotel, City Road, Cardiff NOTES / LEGEND: REVISIONS: Richard Whitaker Architects
Subject to structural and M&E design Rev A - 23 July 2009 43 Plas Saint Andresse Client: Ardec Properties Ltd. Revised eaves line indicated Penarth Haven
Rev B - 21 August 2009 Penarth Title: Proposed Side (St Peter's St ) General update CF64 1BW Indicative Elevation
Tel: 029 2071 2631 Drawing No: P 09 Mob: 0781 8888 070
Email: [email protected] Scale: 1:200 @ A3 Date: March 09 Revision: B Accommodation Access lane to rear
Boundary wall Ground Floor: Boundary (dotted) 2.0PW
M2 Ft 2 TP Unit 01: 584 6,286
Unit 02: 272 2,927
Totals: 856 9,213
Stair 03
Hotel Accommodation Upper Floors:
Bedrooms Disabled Bedrooms Refuse Ground Floor: 01 06
First Floor: 48 00
Stair 01 Sec'nd Floor: 38 00 Staff
Totals: 87 06
Total Rooms: 93 Luggage
ST WC
Office
LMR 147
Lift B Lift A Retail Unit 01
Retail Unit 02 Lobby
Stair 02 Reception
Vend
Cyber
Hotel GROUND Entrance
00 01 02 03 04 05 10 15 20
City Road Scale M
Richard Whitaker Architects Project: Proposed Hotel, City Road, Cardiff NOTES / LEGEND: REVISIONS: AMENDED PLAN Subject to structural and M&E design Rev A - 21 Aug 09 43 Plas Saint Andresse Client: Ardec Properties Ltd. General update 09/533C Penarth Haven Penarth Proposed Indicative Title: Ground Floor Plan 26.08.09 CF64 1BW Tel: 029 2071 2631 Drawing No: P 04 Mob: 0781 8888 070
Email: [email protected] Scale: 1:200 @ A3 Date: March 09 Revision: A // OCEANE COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/00575/C APPLICATION DATE: 03/04/2009
ED: PLASNEWYDD
APP: TYPE: Full Planning Permission
APPLICANT: Mrs Kay Lewis LOCATION: 21-27 CITY ROAD, ROATH, CARDIFF, CF24 3BJ PROPOSAL: DEMOLITION OF OFFICES AND WORKSHOPS, AND RESIDENTIAL REDEVELOPMENT COMPRISING SIXTEEN 2 BED APARTMENTS AND FOUR 2 BED TOWN HOUSES, WITH LANDSCAPING/AMENITY SPACE/CAR PARKING/CYCLE SHELTER/BIN STORAGE ______
RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation under SECTION 106 of the Town and Country Planning Act 1990, to achieve the off-site open space, the public realm, and the public transport infrastructure contributions referred to in paragraph 8.7 of this report, planning permission be GRANTED, subject to the following conditions:-
1. C01 Statutory Time Limit
2. Before any flat hereby permitted is brought into beneficial use, the approved bin stores and cycle stores shall have been completed, and be available for use, and thereafter these stores shall be used only for their intended use. The cycle store shall be roofed. Reason. To ensure that these facilities are provided and retained.
3. This permission relates to amended drawing nos. 0333(ALT)PO3, P04, P05, PO6, PO7, PO8, PO9 and P13. Reason: The plans amend and form part of the application.
4. Before any flat hereby permitted is brought into beneficial use, the pavement, throughout the site frontage, shall have been improved, and the existing crossover shall have been removed, in accordance with a scheme which shall first have been submitted to and approved by the Local Planning Authority. Reason. To ensure that the public realm in front of the application site is in good condition and is not used by vehicles.
5. Before any flat hereby permitted is brought into beneficial use, details of a revised means of enclosure, at the rear of City Road's pavement,
148 shall have been submitted to and approved by the Local Planning Authority, and shall have been constructed, as approved. Reason. This area of detail is not adequately explained.
6. E1B Samples of Materials
7. C20 Architectural Detailing
8. D4A Landscape Scheme
9. E4A Implementation of Landscape Scheme
10. No development shall take place until a scheme for the upgrading of the site enclosures, have been submitted to and approved by the Local Planning Authority. The site enclosures shall have been improved in accordance with the approved scheme, prior to the development being put into beneficial use. Reason: To ensure that the site is secured by an effective and attractive means of enclosure.
11. D7G Road Traffic Noise
12. C7Z Contaminated Land Measures
13. D7Z Contaminated materials
14. C2N Drainage details
15. Foul water and surface water discharges shall drain separately from the development. Reason. To protect the integrity of the public sewerage system.
16. Surface water shall not drain directly, or indirectly, to the public foul/combined sewerage system, unless otherwise approved in writing by the Local Planning Authority. Reason. To prevent the hydraulic overloading of the public sewerage system, and in the interests of health and the environment.
17. Land drainage run-off shall not discharge, directly or indirectly, to the public sewerage system. Reason. To prevent hydraulic overload of the public sewerage system and the pollution of the environment.
18. Details of the sliding gate, which would secure the site from Bedford Place, shall be submitted to and approved by the Local Planning Authority. The approved gate shall have been installed and be
149 operational before any dwelling hereby permitted is brought into beneficial use. Reason. To ensure that the gate is of a good design and that it is installed.
19. Each dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve 6 credits under Category Ene1 in accordance with the requirements of Code for Sustainable Homes: Technical Guide April 2009. Reason. To ensure that the development is sustainable.
20. Prior to the commencement of development, a construction management plan shall have been submitted to and approved by the Local Planning Authority. The approved plan shall be adhered to. The plan shall include details of wheel-washing facilities, site enclosure and access. Reason. In the interests of highway safety and visual amenity.
RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 3: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division.
RECOMMENDATION 4: The contamination assessments and the effects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
150 Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 5: That the agent be requested to take into account the advice of the Police Architectural Liaison Officer, in his letter dated 14th August 2009, and from the Council's Waste Management Officer, in her memo dated 10th August 2009; both of which have been forwarded to him.
RECOMMENDATION 6: That the developer be requested to contact the Council's Operational Manager, Transportation, before any dwelling hereby permitted is brought into beneficial use, to obtain advice which would help to put into place sustainable travel behaviour by future occupiers.
1. DESCRIPTION OF PROPOSED EVELOPMENT
1.1 This detailed application proposes the redevelopment of a mainly open site at 21-27 City Road. It proposes a mix of apartments and houses. The proposed sixteen apartments would all be two bedroom, and single aspect, with an aspect either to the front, or to the rear. The building would be four storey. The smallest flat would have a floor space of 78m2. All flats would have a terrace or patio. The building would be fully accessible, incorporating a lift which would serve all floors.
1.2 The proposed apartment building would be flat roofed. The building would be faced in buff/brown brick, off-white coloured render, dark grey stained timber cladding (third floor), with mid-grey aluminium colour coated window and door frames. The building would be 20 m deep. Its front wall would be set back 3.5m from City Road’s pavement. The front ground floor flats would have private front gardens, screened from City Road by 1.8m high walls and fences. The roof would be of a standing seam single-ply membrane design.
1.3 A central lobby would allow direct access into the proposed flats from City Road and from the rear garden/parking area.
1.4 Towards the rear of the site, a separate terrace of four three storey houses is proposed. Each house would have two bedrooms and a floorspace of 135m2. Each ground floor would accommodate a garage and a garden room. Each house would have a back garden of between 25m2 and 30m2. The houses would be faced in the same brick, render and timber cladding as the apartment block. The roof would be flat and formed of zinc cladding. The
151 house would be sited 5.5m from the site boundary with the rear lane. The upper floors would be set in, so that they would be 9m from the lane and 10.5m from the end of the back gardens of properties in East Grove.
1.5 A landscaped garden, a 12 space car park, bin and cycle stores would be provided behind the proposed building. Vehicular access would be available from Bedford Place into the rear curtilage. The entrance would be secured by a sliding gate.
1.6 The application is supported by a design and access statement.
2. DESCRIPTION OF SITE
2.1 The former buildings, fronting onto City Road, were demolished, some years ago. The site is mainly hard surfaced and is used as a private car park. Along the south side of the site area a series of single storey, flat roofed, portable buildings, which are used for car valeting and car spraying.
2.2 Vehicular access into the site is from City Road. Gated accesses from Bedford Place and from the lane behind the site do not appear to be in regular use.
2.3 The site is in a business part of City Road, with a restaurant on its south side and a shop to its north. There are nearby residential uses in Bedford Place, East Grove, and City Road (Pascall Court) and office and educational uses in The Parade. Adjacent buildings are three storey. The building on the north side of the site frontage has a ridged gable roof while, on the south side, the neighbouring building is flat roofed. The twelve storey Coleg Glan Hafren building is 40m to the south, on the corner of City Road and The Parade.
3. SITE HISTORY
3.1 Planning permission was granted for the use of the site as a car park, following the demolition of buildings, in 2001 (ref. 01/157W). The permission was temporary, expiring in March 2004, on the advice of the Operational Manager Transportation, who indicated that the car park use might conflict with the Council’s Newport Road to Gabalfa Interchange Corridor scheme.
4. POLICY FRAMEWORK
4.1 The following policies of the City of Cardiff Local Plan are relevant to the consideration of this application.
8 - Development in Conservation Areas 11 - Design and aesthetic quality 12 - Energy efficient design
152 17 - Parking and servicing facilities 18 - Provision for cyclists 19 - Provision for pedestrians 31 - Residential open space requirement 40 - Development in City Road
4.2 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant to the consideration of this application:-
2.20 Good Design 2.21 Change of use or redevelopment to residential use 2.24 Residential amenity 2.26 Provision of open space, recreation and leisure 2.36 District and Local Centres 2.53 Conservation Areas 2.55 Public Realm Improvements 2.57 Access, circulation and parking requirements. 2.74 Waste Management
4.3 The following SPG’s are relevant: Access, Circulation and Parking Requirements Open Space Energy Efficient Design for New Residential Development Waste Management Residential Design
4.4 Planning Policy Wales, M.I.P.P. Statement 01/2006 – Housing, and TAN’s 11 Noise, 12 Design, and 18 Transport are relevant.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Waste Management Officer considers the proposed bin storage arrangements to be acceptable.
5.2 The Highways and Waste Management Officer has no drainage concern.
5.3 The Environment and Public Protection Manager requests conditions requiring the insulation of habitable rooms from traffic noise, and to deal with contaminants and imported soils. He makes recommendations about radon gas, contaminants and construction noise.
5.4 The Parks Manager indicates that, in accordance with Policy 31 of the Local Plan, any planning permission should be subject to the developer agreeing, in a S106 agreement, to contribute an off-site open space contribution of £28,999.
153 5.5 The Strategic Planning Manager has no land use policy concerns, as policy 40 of the Local Plan favours the development of housing subject to considerations of scale, location, design, amenity and transportation.
From a regeneration perspective he observes that Policy 2.55 of the Deposit Unitary Development Plan identifies the need for new developments to make appropriate provision for public realm improvements. In addition, Policy B2 of the adopted South Glamorgan (Cardiff Area) Replacement Structure Plan favours measures to improve the environmental quality of the urban fabric.
The approved City Centre Strategy (2007-2010) states that new developments will be expected to enhance the appearance, accessibility and the use of the public realm through the choice of materials, street furniture, planting, and the layout and uses proposed. This is supported in the ‘Urban Design and Public Realm’ chapter which contains a Strategic Objective which is to apply a consistent approach to the negotiation and use of Section 106 developer contributions for environmental enhancements and an Action “to secure contributions from new developments for public realm enhancements”
The application site straddles the ‘Fringe’ area of the approved City Centre Strategy 2007-2010. Consequently, it is considered that the Strategic Objectives and Actions of this Area are relevant and applicable to the current application. As such, the Fringe area includes the following Strategic Objectives and Actions:
Strategic Objectives:
• To improve pedestrian and cycle links to the city centre and Cardiff Bay; • To improve the quality of the public realm; • To maximise the regeneration benefits of new developments in the area.
Actions:
• Major public realm improvements together with enhanced pedestrian/ cyclist links.
The City Centre Strategy identifies that there is potential for further residential development within the city centre in contributing towards the city’s housing need, provided that social and environmental concerns are addressed.
The site’s current use comprises offices and workshops for a number of car related companies / businesses. The current use of the site therefore attracts a predominantly car-borne profile of customers / visitors, thus currently having little impact on public realm within the vicinity of the site.
154 However, the change of use associated with the current proposal is likely to have a much greater impact on the existing pedestrian routes to and from the site. Residential development at the site would increase footfall along City Road, with a detrimental effect on what is already considered to be an inadequate and poor quality public realm. As such, improvements to the public realm would be necessary to mitigate the impact of the development and to ensure an attractive and orderly form of development.
In line with the aims and aspirations of the City Centre Strategy, the applicant would be expected to demonstrate how their proposal would contribute to environmental enhancements in the wider area.
A scheme is currently being prepared for the improvement of the pedestrian area at the southern end of City Road, including the extension of footways to improve pedestrian safety in this busy area.
Another proposal for the area includes the replacement of poor quality paving within the adjacent Tredegarville Conservation Area.
These schemes are entirely dependent on private sector developments and the quality of their design and subsequent implementation is restricted due to limited funds being available.
The precedent of securing developer contributions towards public realm enhancement schemes is now firmly established. A recent comparable example is application 07/1646/C which secured £15,000 towards public realm enhancements from the change of use of offices to 5 No. dwellings at Crown Court, Duke Street.
If a pro-rata calculation is applied based on the amount secured in 07/1646/C, it would suggest that a contribution of £54,000 is reasonable from a development containing 18 No. Dwellings.
In order to offset the adverse impact that the proposed development is likely to have on the existing public realm in the area, and acknowledging the scale and intensification of use associated with the proposal, it is considered reasonable for the applicant to provide a financial contribution of £50,000 towards necessary public realm improvements within the vicinity of the application site.
He concludes that the proposed development is acceptable, subject to the applicant providing a financial contribution towards public realm improvements in the vicinity of the development.
5.6 The Operational Manager, Transportation, considers the development to be acceptable in principle. He advises that he has no traffic or transportation
155 grounds to sustain an objection, subject to the details below being made the subject of conditions, or included in a Section 106 Agreement. He comments as follows:
(a) No travel plan has been submitted. A Travel Plan is not required for this size of development due to being below the thresholds for such a use within the SPG however he recommends that a residential travel plan is provided.
He suggests that a communal area within the development is used as an information point for sustainable transport methods in the area, with details of local taxi firms and bus timetable information for residents and visitors. He is able to provide leaflets, local advice and bus timetable information upon request.
He advises that there is a useful section within the English Department for Transport’s ‘Guidance on Transport Assessment’ entitled Promoting Smarter Choices via Travel Plans, on the promotion of sustainable travel.
(b) The Access, Circulation and Parking SPG recommends the provision of one to two car parking spaces per residential unit and up to one visitor parking space per three to five units. He recommends that a condition should be imposed to require the provision of the proposed parking and manoeuvring area, and its retention, and that the spaces be allocated to each apartment. The reason would be to make provision for parking clear of the road.
(c) The application does not show how the access gates would open. He requests that, in order to prevent a potential conflict between pedestrians and other vehicles using the Bedford Place footway and carriageway, a condition should be imposed to ensure that they do not open over the highway.
(d) The provision of 18 cycle stands accommodating 36 cycle parking spaces is seen to follow the requirement of 1 space per bedroom/unit.
(e) He seeks a financial contribution of £6,240, to achieve the installation of CCTV in the bus shelters outside the Ernest Willows public house, and outside nos. 47-61 City Road.
(f) A construction management plan condition should be imposed.
(g) He recommends a condition to control the details of the access from Bedford Street, in order to ensure that its use does not interfere with the safety of other traffic using the highway.
156
(h) He recommends the following highway works condition:
Unless otherwise agreed in writing with the LPA no beneficial occupation of any part of the development is to take place before a scheme of environmental highway improvements, and a programme for its implementation, to City Road along the full site frontage, has been submitted to and approved in writing by the LPA. The scheme shall include as required, but not be limited to, the reconstruction of the entrance as footway to match the existing construction on City Road, including surfacing, kerbs, edging, drainage, lining and signing; the processing of Traffic Regulation Orders (unconditional) to accord with the revised layout; and as necessary the provision/renewal/ improvement of street lighting, street trees, street furniture. The agreed scheme is to be implemented to the satisfaction of the LPA in accordance with the programme.
The reason is to ensure the comprehensive enhancement/ improvement of the adjacent public highway in accordance with the principles set out in the planning application; in the interests of highway safety and public amenity.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Welsh Water recommend the imposition of conditions to control drainage. They also requested a condition to prevent development within 3 metres of a sewer which crosses the site. However, such a condition would have prevented the development from proceeding and would, therefore, have been ultra vires. Following discussion they have asked that the developer be advised of this issue, rather than recommending a condition. (This advice has been supplied to the agent).
6.2 The Police Architectural Liaison Officer has been consulted. He observes that analysis has shown that crime is a problem in the area with a total of 638 crimes reported in the last 3 months in the area which includes Plasnewydd, above average compared to South Wales Police area. Compared with the rest of South Wales Police area, burglary, robbery, violent crime, and anti- social behaviour are average and vehicle crime is high. However, between April 2008 - March 2009 there were 184 incidents of anti-social behaviour and 53 incidents of violent crime in City Road alone.
Whilst it is appreciated that this is a residential area, developers and local authorities are required to consider levels of crime and disorder in respect of any new developments and at the same time, promote the inclusion of architectural crime prevention measures into new projects.
157 The proposed development should provide residents with adequate parking facilities. Parking should be designed so that vehicles are provided with a safe and secure area to leave their vehicles as specified in the Association of Chief Police Officers ‘Secured by Design’ guidelines.
This site borders onto City Road which has double yellow lines along the length of the site boundary and on the opposite side of City Road parking is restricted Monday – Saturdays 0800hrs to 1830hrs for maximum of 1 hour between these times. In Bedford Place most of the road is restricted with double yellow lines and there is little unrestricted road surface. Surrounding streets have extensive residential parking and unrestricted on street parking in the area is very limited.
The application does not propose adequate car parking provision to serve the proposed development and this would be likely to result in a high level of on- street parking demand, which cannot be met, and would not accord with Appendix A (1) Cardiff Supplementary Planning Guidance (June 2006)
The plans are reviewed to try and accommodate more off street secure parking (at least a parking space for every dwelling), which would further reduce the like hood of residents becoming the victims of vehicle related crime.
He makes detailed recommendations about lighting and security. His advice has been forwarded to the agent.
7. REPRESENTATIONS
7.1 The application has been publicised, neighbours have been notified, and Local Members have been consulted. The amended plans have been republicised.
The owner of 1 St. Peter’s Street asks that the boundary wall remains at its original height to protect his privacy.
7.2 In support of the application the agent makes the following principle points:
• The development of the proposed building in the existing gap would mend the pattern and structure of the street.
• The main mass of the proposed development would fill the space between the walls of the buildings, on either side, giving the rear part of the site over to amenity space, car and cycle parking, and refuse storage.
158 • Not only is a rear amenity space proposed, but each apartment would have a terrace or balcony.
• The proposed refuse storage facility accords with the Council’s relevant S.P.G.
• The location is highly sustainable, with ready access to local services and facilities.
• Level access into the building would be available and an accessible lift would service all floors.
• The design includes defensible space and a secure curtilage.
• The flats on both sides of the building would benefit from solar gain.
7.3 The members of the East Cardiff Conservation Group have been consulted on this application. Any observations received from members will be reported at Committee.
8. ANALYSIS
8.1 In land use policy terms, the proposed residential redevelopment is considered to be appropriate. The site is under-used at present and its regeneration is to be encouraged.
8.2 When submitted, the application proposed a five storey block of eighteen 2 bed apartments at the front of the site with a garden, car and cycle parking and refuse storage to the rear. It was considered that the proposed building would have been too high, taking into account its context, and the agent was invited to lower the apartment block and to introduce a terrace of houses near to the rear site boundary. The amended application takes account of this advice and is considered to be acceptable in design terms.
8.3 The apartment block would be slightly higher, but set back more, than the adjacent buildings. It is considered that it would look comfortable in its setting.
8.4 The rear terrace of four houses would have limited space around it, but this is dictated, to a large extent, by the geography of the site, and the proximity of the access, from Bedford Place, to the western site boundary. The design is, however, considered to be acceptable, and would not result in any serious loss of privacy or amenity to neighbours.
8.5 The application is considered to make satisfactory provision for car and cycle parking, and for refuse storage, all of which would be accessed from Bedford
159 Place. It will be noted that the Operational Manager, Transportation, does not agree with the Police concern that parking would be inadequate. It must be borne in mind that this site is in a highly accessible location, and is convenient for most services on foot, by bus or by cycle.
8.6 A small part of the site, at its western end where the terrace of houses is proposed, is within the Tredegarville Conservation Area. However, the area in question, and its immediate surroundings, are not considered to be of any conservation significance. The nearest buildings which are considered to have conservation significance are those in East Grove and The Parade, and their (important) front elevations are, respectively 50m and 60m away from the proposed residential terrace. Nevertheless, the members of the East Cardiff Conservation Group have been consulted on the application.
8.7 The agent has been invited to confirm that the developer is willing to enter a S106 obligation to secure a £28,999 off-site open space contribution to accord with Policy 31 of the Local Plan, a £50,000 public realm contribution to accord with Policy 2.55 of the Deposit Cardiff Unitary Development Plan, and a £6,240 contribution, to finance improvements to two local bus stops.
8.8 It is concluded that, subject to a S106 obligation being entered into to secure the contributions listed in paragraph 8.7, planning permission should be granted.
160 161 162 163 COMMITTEE DATE: 16/09/2008
APPLICATION No. 09/00877/C APPLICATION DATE: 09/06/2009
ED: PLASNEWYDD
APP: TYPE: Full Planning Permission
APPLICANT: Pan Maritime Limited LOCATION: PROPOSED RESIDENTIAL DEVELOPMENT, ALBANY ROAD, ROATH, CARDIFF, CF24 3RW PROPOSAL: PROPOSED CONSTRUCTION OF 20 SELF-CONTAINED FLATS (15 X 1 BED, 5 x 2 BED), ON-SITE PARKING, AMENITY, REFUSE STORAGE AND CYCLE STORAGE FACILITIES ______
RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990, to achieve the off-site open space, and bus boarder contributions, referred to in paragraph 8.10 of this report, planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. Before any flat hereby permitted is brought into beneficial use, the nine car parking spaces and the fourteen cycle stands shown on drawing no. AL(01)01B shall have been provided. The bank of five cycle stands, behind the flats, shall be given protection from the rain in accordance with details which have first been submitted to and approved by the Local Planning Authority. These facilities shall be retained for their intended use and for no other purpose. Reason: To ensure that appropriate provision is made for car and cycle parking.
3. D4A Landscape Scheme
4. E4A Implementation of Landscape Scheme
5. The walls along the rear and side site boundaries shall have been upgraded in accordance with a scheme, which has first been submitted to and approved by the Local Planning Authority, before any flat hereby permitted is brought into beneficial use. Reason: To ensure that the wall is secure and of good appearance.
164 6. Before any flat, hereby permitted, is brought into beneficial use, the forecourt shall have been secured from Albany Road by a wall and or railing, details of which shall first have been submitted to and approved by the Local Planning Authority. Reason. In the interests of security and good design, and because the application does not include this detail.
7. Foul water and surface water, from the development, must drain separately. Reason: To protect the integrity of the public sewerage system.
8. Surface water from the development, shall not, directly or indirectly, discharge to the public sewerage system, unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent the hydraulic overload of the public sewerage system and the pollution of the environment.
9. Land drainage run-off from the development shall not, directly, or indirectly, discharge to the public sewerage system. Reason. To prevent the hydraulic overload of the public sewerage system and the pollution of the environment.
10. Prior to the commencement of development, a comprehensive and integrated drainage scheme, for the site, showing how foul water, surface water and land drainage would be dealt with, shall have been submitted to and approved by the Local Planning Authority. Ground permeability tests shall have been undertaken to ascertain if sustainable drainage techniques can be used. The approved scheme shall be adhered to. Reason: To ensure that the proposed development is effectively drained and to ensure that no adverse impact on the environment or the pubic sewerage system results.
11. F7Y Ground Gas Protection
12. C7Z Contaminated Land Measures
13. D7Z Contaminated materials
14. E1B Samples of Materials
15. C20 Architectural Detailing
16. The vehicular access and the paths at either end of the building shall, before any flat hereby permitted is brought into beneficial use,
165 have been secured by gates, details of which shall first have been submitted to and approved by the Local Planning Authority. Reason: In the interests of security and in the interests of highway safety.
17. A scheme of improvements to the highway in front of the site shall have been submitted to and approved by the Local Planning Authority within 3 months of the commencement of development. The scheme shall incorporate the reinstatement of the pavement and the removal of superfluous crossovers. The scheme shall be complete before any flat hereby permitted is brought into beneficial use. Reason: In the interests of highway safety.
18. The consent relates to the application as amended by the revised plans numbered AL(01)01B, 02B, 03A, 05B, 06B and 10A. Reason: The plans amend and form part of the application.
19. The windows in the north-west wall of the building, facing towards the Claude Hotel, shall, before any flat which they would light is brought into beneficial use, have been acoustically treated in accordance with a scheme which has first been submitted to and approved by the Local Planning Authority. Reason. To protect occupiers of these flats from noise from the Claude Hotel.
20. The windows in the south-west wall of the building, facing towards no. 2 Roath Court Road, shall be obscurely glazed, and so maintained. Reason: To protect the privacy of neighbours.
21. Each dwelling hereby permitted shall be designed and constructed to achieve a minimum Code for Sustainable Homes, Level 3, and achieve 6 credits under Category Ene1 in accordance with the requirements of Code for Sustainable Homes: Technical Guide April 2009. Reason: In the interests of sustainability.
22. Prior to the commencement of development, a construction management plan shall have been submitted to and approved by the Local Planning Authority. The approved plan shall be adhered to. The plan shall include details of wheel-washing facilities, site enclosure and access. Reason. In the interests of highway safety and visual amenity.
RECOMMENDATION 2: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations
166 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division.
RECOMMENDATION 3: The contamination assessments and the effects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: That the applicant be requested to take into account the security advice given in the Police Architectural Liaison Officer's letter, dated 27 July 2009, and the Waste Management Officer's waste storage advice, in her memo dated 30th June 2009, both of which have been forwarded to the Agent.
RECOMMENDATION 5: That the applicant, before any flat is occupied, be requested to liaise with the Council's Operational Manager Transportation, to discuss ways of putting into place sustainable movement behaviour by future occupiers.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application proposes the development of twenty flats; fifteen 1 bedroom and five 2 bedroom. The building would be mainly three and part four storeys, high. Its front wall would, in the main, parallel Albany Road, but the flats at the south-easternmost end of the site would be angled, following the line of the adjacent terrace in Roath Court Road.,
1.2 The building would have a ridged slate roof, and be faced in a red/brown facing brick, with five front bays. The bays and banding would be faced in natural stone, on the front elevation and on the front part of the side walls. On the rear part of the side walls and to the rear, reconstructed stone would be
167 used. Some rear walls, including the lift/stairwell walls, would be faced in render. Window frames would be of white Upvc.
1.3 An opening through the building, secured by a roller shutter, would allow access, from Albany Road, to a rear 9 space car park, and 14 cycle stands. The car park would be surfaced in tarmac, and the parking spaces in brick paviours. A bin store would be located at the rear of the building. The building would be set back behind a gravel forecourt, with some planting at its east end. Gated paths would allow pedestrian access into the site next to the vehicular access, and at either end of the building. A grassed area, and some planting, would be provided behind the building. There would be a means of enclosure at the rear of pavement, but this has not yet been detailed.
1.4 The application is accompanied by a Design and Access Statement. The building would be fully accessible with a lift serving all floors.
2. DESCRIPTION OF SITE
2.1 Until recent years, the site accommodated a petrol filling station but that has been completely demolished.
2.2 The site is irregularly shaped, but is wider at the front than to the rear. It is up to 47m wide, and 29m deep. The frontage to Albany Road is open to the street (except for a temporary security hoarding), but the remainder of the site is secured by walls, faced in a variety of materials, which bound the Claude public house, the back gardens of houses in Connaught Road, and the side of the garden of the house at 2 Roath Court Road.
2.3 The applicant has submitted a design and access statement in support of the application. The statement was updated, as it lacked some detail and contained errors.
3. SITE HISTORY
3.1 History of use as a petrol filling station. The filling station has been demolished, and the site has been secured from Albany Road by a hoarding.
3.2 Application No. 05/1917C - permission refused, in December 2005, for a 14 flat redevelopment. Reasons related to concerns over:-
• Scale, design and massing • Detracting from street scene and setting of the Claude Hotel, a locally listed building • Inaccurate drawings • Poor environment for future occupiers • Loss of privacy to neighbours at the rear
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3.3 Application No. 06/2816C – permission granted, in September 2008 for the development of 13 flats. A Section 106 obligation would have achieved a £11,000 off-site open space, and £6,120 bus boarder contributions.
4. POLICY FRAMEWORK
4.1 The following policies of the City of Cardiff Local Plan are relevant to the consideration of this application:-
10 Contaminated or unstable land 11 Design and aesthetic quality 12 Energy efficient design 17 Parking and servicing facilities 18 Provision for cyclists 19 Provision for pedestrians 31 Residential open space requirement
4.2 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant to the consideration of this application:-
2.20 Good design 2.21 Change of use or redevelopment to residential use 2.24 Residential amenity 2.26 Provision of open space, recreation and leisure 2.52 Locally listed buildings 2.57 Access, circulation and parking requirements 2.63 Contaminated and unstable land 2.64 Air, noise and light pollution 2.74 Provision for waste management facilities in development
4.3 Planning Policy Wales – March 2002, favours the residential redevelopment of urban brownfield sites.
4.4 TAN 12: Design, TAN 18: Transport, and the Council’s SPG’s relating to Waste Collection and Storage, Open Space, Residential Design and Access, Circulation and Parking are relevant.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Operational Manager Transportation comments:
Nine cycle spaces are proposed. The requirements within the SPG are at least one space per bedroom should be provided within the development. Therefore the nine spaces provided are insufficient. He recommends that 25 cycle spaces be provided.
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Cycle stands are stated to be covered but are located next to the vehicular access to the site. The plans do not detail any gate or roller shutter that would create a secure environment for the cycles.
The vehicular access to the property has a vehicle cross over point for the public footpath. No details have been provided to demonstrate how this is to be constructed or upgraded or in particular any DDA compliance that is required, such as; a clear definition between footpath and crossover for the partially sighted.
The number of proposed car parking spaces provided does not satisfy the SPG requirements of 12 parking spaces, for a development of this nature. However, due to the public transport links outside the site on Albany Road, and the local shopping district within close walking proximity, the shortfall of 3 parking spaces is deemed acceptable at this time, due to the location of the site.
No details of parking designation have been provided, i.e. are the 9 spaces below the properties going to be first come first served or are they going to be allocated to any residents in particular?
There is no requirement of a Travel Plan for such a development within the SPG. However he recommends that residential welcome packs are provided to tenants upon residency of the dwellings to encourage sustainable transport options available to them.
He recommends that an area, within the development, potentially a communal access point to the building, is used as an information point for sustainable transport methods in the area, with details of any prearranged discounts with local taxi firms and bus timetable information for visitors. He can provide leaflets, local advice and bus timetable information.
This could be part of a Second Recommendation, as discussed at the end of his observations.
He advises that there is a useful section within GTA – Promoting Smarter Choices via Travel Plans on promoting sustainable travel.
He recommends seeking a financial contribution of £6,240 to be used to upgrade the adjacent bus stops on both sides of Albany Road, by providing bus stop boarders.
If the application is to be considered for approval, conditions should be attached to require the provision of 25 sheltered and secure cycle parking spaces, and to require the provision and retention of car parking spaces.
170 A condition should also require details of improvements to the highway (and footway) in front of the site in the interests of highway safety. The scheme shall include the reinstatement of the pavement and the removal of superfluous crossovers. The scheme shall be complete before any flat hereby permitted is brought into beneficial use.
A construction management condition is also recommended.
If the application is to be approved, he recommends that public transport options are provided to residents as a welcome pack, and a travel information point is provided within a communal area as this can set sustainable transport behaviours for residents and visitors to the site. Leaflets are available from him for the bus and cycle routes in the area as well as guidance on the kind of information to provide within the pack which would promote sustainable travel behaviours. Liaison with him can be sought to help achieve this. 5.2 The Highways and Waste Management Officer has no drainage concerns, but recommends a condition seeking to achieve sustainable drainage techniques.
5.3 The Strategic Planning Manager observes that the site has been unused for some years and the redevelopment for residential use gives rise to no land use policy concerns.
5.4 The Parks Manager, taking account of Policy 31 of the Local Plan, seeks a £24,342 off-site open space contribution, which should be achieved through a S106 agreement.
5.5 The Environment and Public Protection Manager has no objection subject to the imposition of conditions relating to contaminated land and imported soils. He also makes construction noise, radon gas and contamination advisory recommendations. He also requests the imposition of a condition requiring the installation of acoustic/secondary glazing to any windows facing the Claude Hotel. He says that a large number of complaints have been received about music, machinery and plant noise there.
5.6 The Waste Management Officer has no objection to the application.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Welsh Water have no objection, subject to the imposition of drainage conditions. They advise that a sustainable approach to drainage should be taken.
6.2 The Police Architectural Liaison Officer observes that analysis has shown that crime is a problem in the area with a total of 66 incidents in immediate vicinity of the development in past year including 21 vehicle related crimes, 18
171 incidents of anti –social behaviour, 3 thefts, 2 assaults, 2 offences relating to drugs and criminal damage. Nearly a third of all reported crimes relate to vehicles, nearly all of which were parked on street. The next most serious problem seems to be that of anti-social behaviour.
Whilst it is appreciated that this is a residential area, developers and local authorities are required to consider levels of crime and disorder in respect of any new developments and at the same time, promote the inclusion of architectural crime prevention measures into new projects.
The proposed development should provide residents with adequate parking facilities. Parking should be designed so that vehicles are provided with a safe and secure area to leave their vehicles as specified in the Association of Chief Police Officers ‘Secured by Design’ guidelines.
The application does not propose adequate car parking provision to serve the proposed development and this would be likely to result in a high level of on- street parking demand, which cannot be met, and would not accord with Appendix A (1) Cardiff Supplementary Planning Guidance (June 2006)
The plans are reviewed to try and accommodate more off street parking, which would further reduce the like hood of residents becoming the victims of vehicle related crime.
He has offered detailed advice about lighting, vehicle and pedestrian control, cycle storage, the security of the bin store and locks. He has also offered advice about mail boxes and perimeter walls and railings. He recommends that the side pedestrian access be secured. His advice has been forwarded to the agent.
7. REPRESENTATIONS
7.1 The application has been publicised on site and in the press, Local Members have been consulted and neighbours have been notified.
7.2 The occupiers of 9 Roath Court Road and 166 Albany Road have raised the following concerns about the application:
(i) The application proposes inadequate car parking (less than 0.5 spaces per unit). Parking is already a problem, partly because of the Claude public house, the adjacent clinic and the Arran Place mosque. Additional parking is essential. Cars already double park in Roath Court Road.
(ii) The building’s scale would be excessive. It should have no more than three storeys.
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(iii) Landscaping information is vague. Trees should be planted in front of the building, bearing in mind that its front wall would be further forward than others in Albany Road.
(iv) There is no precedent to build to four storeys. Details of materials are somewhat vague.
7.3 Greene King, the operator of the Claude Hotel, object on the grounds that future residents might raise noise nuisance concerns. The installation of sound insulation should be considered to prevent future noise complaints.
8. ANALYSIS
8.1 The design of the proposed development has strong parallels to the approved scheme (permission no. 06/2816C) for 13 flats. The footprint and scale of the proposed buildings are similar, but the design is considered to show a building which would be better suited to its context, by including bays and natural stone facings, similar to those in the immediate area. The quality of the design was improved, following discussions with the agent.
8.2 The orientation of the building would ensure that all flats receive some direct sunlight.
8.3 Like the previous scheme, the development would be somewhat short on amenity space but it is not considered that a refusal of planning permission, on this ground alone, in this circumstance, is warranted, bearing in mind the desirability of securing the residential redevelopment of this unused site.
8.4 The agent is agreeable to enter a S106 obligation with regard to the £24,342 off-site open space contribution (in accordance with Policy 31 of the Local Plan, and the related SPG) recommended by the Parks Manager, and the £6,240 bus boarder contribution recommended by the Operational Manager, Transportation.
8.5 The proposed building would be adequately set back from the rear site boundary and it is not considered that any serious loss of privacy would result.
8.6 It will be noted that the Operational Manager Transportation, recommends that a condition be imposed requiring secure and sheltered parking for 25 cycles. The application drawings originally showed only 9 stands, but an extra 5 have since been added. It would be difficult to provide more, without losing car parking spaces or making the building smaller, which is not considered to be warranted. It is also noted that the Operational Manager did not object to the level of provision which was shown on the original application plan. Secure cycle parking would be provided just inside the entrance,
173 beneath the building, though the details of the shutter have not yet been supplied. Details of the shutter, and of a roof over the detailed cycle storage area, can be made the subject of a condition.
8.7 The Police (and local residents) concern about the lack of car parking is noted, but the advice of the Operational Manager Transportation is that the nine car spaces should be accepted, given the good accessibility of the site and the willingness of the developer to finance bus stop improvements.
8.8 There is a representation that the scale of the proposed building would be excessive. The scale is considered to be appropriate, given the proximity of the proposed building to the Claude Hotel, which is a high and substantial three storey building, and to other three storey buildings in Albany Road and Connaught Road, next to and near the site.
8.9 The agent has advised that the development will be built to Code Level 3. It is considered that a condition should be imposed to ensure that this is the case.
8.10 It is recommended that, subject to the developer entering a S106 obligation to secure an off-site open space contribution of £24,342 and a bus boarder contribution of £6,240, planning permission should be granted subject to conditions.
174 175 176 177 LOCAL MEMBER OBJECTION
COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/01084/C APPLICATION DATE: 23/06/2009
ED: PLASNEWYDD
APP: TYPE: Full Planning Permission
APPLICANT: Mooneeram Solicitors LOCATION: 36 RICHMOND ROAD, ROATH, CARDIFF, CF24 3AS PROPOSAL: CONTINUATION OF OFFICE USE IN THE FRONT GROUND FLOOR ROOM, IN THE FIRST FLOOR TWO FRONT ROOMS AND ON THE SECOND FLOOR, AND A PROPOSED ACCESS RAMP ______
RECOMMENDATION 1: That planning permission be REFUSED for the following reasons:
1. The use of the house as offices is contrary to Policy 26(ii) and (iii) (Conversion of Residential Accommodation) of the City of Cardiff Local Plan and Policy 2.25 (Change of Use of Residential Properties) of the Deposit Cardiff Unitary Development Plan (October 2003), and Policy HSC3 (Change of Use of Residential Land or Properties) of the Deposit Cardiff Unitary Development Plan, which aim to retain dwellings in residential use and to protect residential amenity. The use has resulted in the loss of residential accommodation and the related activity could detract from the amenity of local residents.
2. To permit the proposed office use would not accord with Policy 2.29 (a) and (b) (Office Development) of the Deposit Cardiff Unitary Development Plan (October 2003).
RECOMMENDATION 2: That enforcement action be taken to secure the cessation of the unauthorised office use.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application is retrospective, and seeks planning permission for the continued use of one ground floor and two first floor rooms and of all three second floor rooms, as offices. The application was reported to the Committee on 12th August, when it was resolved to defer for a site visit on 7th September. The application premises are partly in residential use. The applicant advises that part of the building is used, and will continue to be used, as his main residence, and that he, and his staff, use the remainder of the house as the offices of his legal practice. Eight staff work in the building.
178 1.2 The total office floor space is around 106m2. The remaining residential floor space is approximately 83m2.
1.3 The application is accompanied by an access statement. An access ramp and handrail are proposed to overcome the difference in levels between the front garden and the ground floor of the building. There is a ground floor toilet.
2. DESCRIPTION OF THE SITE
2.1 The application site accommodates a three storey semi-detached building, formerly a house, with front and back gardens. The area is primarily residential in character. Car parking is available within the front site curtilage, and in a garage, for up to four cars. The front door is accessed via four steps.
3. SITE HISTORY 3.1 Application no. 08/2217C, sought planning permission for the same office use as the current application. It was refused on 6 January 2009 for reasons relating to:
(i) the loss of residential accommodation and the potential for a loss of amenity to local residents (relying on policy no. 26 of the Local Plan and 2.25 of the Deposit Cardiff Unitary Development Plan);
(ii) the office use did not accord with Policy 2.29(a) and (b) of the Deposit Cardiff Unitary Development Plan and
(iii) poor access.
4. POLICY FRAMEWORK
4.1 City of Cardiff Local Plan
17 - Car Parking 18 - Cyclists 20 - Provision for Special Needs Groups 26 - Conversion or Redevelopment of Residential Accommodation.
4.2 Deposit Unitary Development Plan (Oct 2003)
2.20 - Good Design 2.24 - Residential Amenity 2.25 - Change of Use of Residential Land or Properties 2.29 - Office Development 2.57 - Access and Parking 2.74 - Provision for Waste Management Facilities in Development.
4.3 Deposit Local Development Plan
Policy HSC3 – Change of Use of Residential Land or Properties
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4.3 SPG’s relating to Waste and to Access, Parking and Circulation.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Operational Manager, Transportation, has no objection and requests the imposition of no conditions, in the event of planning permission being granted.
5.2 The Waste Management Officer observes that two refuse storage areas should be found; one for domestic and the other for commercial waste.
5.3 The Strategic Planning Manager observes that Policy 26 of the Local Plan applies. Policy 2.25 of the Deposit Unitary Development Plan (UDP) and Policy HSC3 of the Local Development Plan (LDP) are also material planning considerations.
The Adopted Local Plan states that office uses of the nature proposed in this application are favoured in Cardiff’s Principal Business Areas or above ground floor locations in district and local centres. The proposal site falls within an existing residential area.
Policy 26 of the Local Plan states that residential uses outside shopping centres should be safeguarded from changes of use to non-residential uses, including B1 (Paragraph 6.4.3). This policy is specifically designed to retain existing dwellings in residential use in order to help meet city-wide housing needs and to safeguard the amenity of residential areas from commercial encroachment. The policy is particularly aimed at controlling the spread of offices into residential areas surrounding district and local shopping centres.
Policy 26 states that planning permission for the conversion or redevelopment of viable residential accommodation, occupied or vacant, to retail office, or other commercial uses will be permitted only where... ii) the characteristics of the premises and their location are unsuitable for residential use.
Given this policy context, the main issue for this application is whether criterion U) of Local Plan Policy 26 can be satisfied ie. whether the property’s ‘characteristics’ and/ or ‘location’ make it unsuitable as a dwelling. Meanwhile, it is also important to appreciate the potential cumulative impact of encroachment of employment uses into residential areas. This includes the erosion of housing stock and the gradual affect on the character of the area.
He reminds that he provided land use policy comments on planning application 08/2217C in December 2008. The proposals in the current application appear to be very similar. There have been no significant changes in land use policy since the determination of O8/2217C and for these reasons, the following land-use policy comments still apply.
Purely from a land-use policy perspective, there appears to be nothing to indicate that the characteristics and location of this particular property render it unsuitable as a residential dwelling. It therefore appears that approval of this
180 application would result in the loss of viable residential accommodation and would therefore be considered contrary to Adopted Local Plan Policy 26, Policy 2.25 of the Deposit UDP and Policy HSC3 of the Deposit LDP.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Nil
7. REPRESENTATIONS
7.1 Neighbours were notified of, and Local Members were consulted on, the application. Cllr. Berman supports this application on the basis that it will ensure that the property is well-maintained and looked after, compared to other alternative potential uses of the property (such as a potential future conversion to flats or bedsits if the owner felt he had no choice but to sell the property on, most likely to an absentee landlord, if the application was to be refused.)
Whilst there may be a policy objective seeking to protect the predominantly residential nature of Richmond Road, he does not think that allowing this use to continue will be in any way detrimental to the street and the use would not be out of keeping with other existing commercial uses along Richmond Road. Surely a precedent has already long since been set that it is acceptable to have properties in use as offices along Richmond Road amongst other properties retained in residential use? There are plenty of existing examples of such office uses in previously residential properties along Richmond Road and he can't see why this property should be judged any differently.
He urges the Planning Committee to agree that the change of use should be permitted.
It may well be helpful for the Committee to see the site, to gain a better understanding of why granting this application would not, in his view, be detrimental to the surrounding area. For this reason, he requested that the application be deferred to enable a site visit to take place.
7.2 In support of the application, the agent advises that 42m2 of the first floor has been used as offices for some time without, he believes, needing planning permission. The practice has grown, needing to expand into the ground and second floors. He advises that the intention is that the office use would continue to operate during normal office hours, using an appointment only system for clients. The applicant specialises in claims related work, which often involves visiting them at home. He says that there should not, therefore, be many visitors. There is no intention to display advertisements on the site and the building would maintain its character as an owner-occupied dwelling. There would be no increase in waste. Paper waste is confidentially disposed of using a licensed handler.
7.3 The agent asks that due consideration be given to national and local planning policies, as follows:
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(a) National Policy
(i) Paragraph 7.2.5 of Planning Policy Wales states (agent’s underlining):
“Many businesses can be located in and around small settlements and in residential areas in larger settlements, without causing unacceptable disturbance. This can provide employment opportunities for those who cannot readily access major employment sites and can help to tackle social exclusion. In primarily residential areas, policies should not unreasonably seek to restrict commercial and industrial activities of an appropriate scale, particularly in existing buildings, provided that there are not likely to be adverse effects on residential amenity, landscape quality and the environment.”
(ii) Paragraph 7.2.6 seeks to encourage mixed use development in, or adjoining settlements where this is appropriate. Policies and supplementary planning guidance should support flexible workspace/dwellings and commercial premises where appropriate.
(iii) Paragraph 7.6.6. of the document refers to change of use, it states:-
“A flexible attitude is required with regard to change of use to enable suitable re-use or new use to be instituted in under-used space where this might contribute to the preservation of the building or enhancement of the townscape or landscape.”
(iv) Technical Advice Note 12: Design, which supports Planning Policy Wales gives support to the principles of inclusive design. It also states in paragraph 5.61 of the “Employment and Commercial Areas” section.
“Where situated in proximity to other uses, smaller employment premises, especially will need to be more closely related in terms of scale and appearance to their context. This should not mean concealing their purpose but expressing it in a way which reflects or complements the setting. In some circumstances, especially in regeneration and rural areas, the conversion of existing buildings for employment purposes will be appropriate.” (It should be noted that the TAN12, quoted by the agent, has been superseded by a new edition, but the above wording is retained, in paragraph 5.12.4 of the new TAN 12 – June 2009 – Development Manager).
(b) Development Plan Policy
182 (i) Policy 26 of the City of Cardiff Local Plan (Conversion or redevelopment of residential accommodation) states that:
Planning permission for the conversion or redevelopment of viable residential accommodation, occupied or vacant, to retail, office or other commercial uses will be permitted only where:
(1) it is at ground floor level within shopping centres identified on the proposals map (subject to policy 49(ii)); or
(2) the characteristics of the premises and their location are unsuitable for residential use; and (iii) subject to considerations of scale, location, design, amenity and transportation”.
(ii) Part 1 of Policy 1A of the Deposit Cardiff Unitary Development Plan (October 2003) provides general principles for the location of new development. It states that development proposals should be located:-
a. so as to enhance the environment where possible, or otherwise to minimise harm to it; b. to make use of redundant, previously developed land; c. to minimise travel demand and dependence on the car; d. to minimise risk of property from flooding, ground conditions or pollution; e. where adequate community facilities and infrastructure exists or can economically be provided; f. where neighbouring uses are compatible.
(iii) Policy 2.24 (Residential Amenity) states that development that would cause unacceptable harm to residential amenity will not be permitted. The supporting text states that ‘unacceptable harm’ may be caused as a result of:
• the incompatible nature of the proposed use; • intensification of use or activity; • vehicular or pedestrian generation; • restricted daylight or overlooking.
(iv) Policy 2.25 (Change of Use of Residential Land or Properties) states that:
“Outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, conversion or redevelopment of residential properties to other use will only be permitted where:
(a) the premises or their location are no longer suitable for residential use; or
183 (b) the proposal is for a community use necessary within a residential area.”
(v) Policy 2.29: Office Development states that;
“Business class office development will only be permitted outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, if:
(a) there is a need for the proposed floorspace; (b) that need cannot satisfactorily be accommodated within the Central or Waterfront Business Areas or a district centre: (c) the proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central or Waterfront Business area or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and (d) the site is accessible by a choice of means of transport.”
(vi) The Cardiff Residential Design Guide was approved by the Council as supplementary planning guidance in March 2008. As with TAN 12 and MIPPS 01/08 much emphasis is placed on the context for development. It is acknowledged in the guidance that the quality of the built environment varies greatly across the city. Where the context is limited, it is recommended that exemplars could provide a model for future residential areas. In particular, it is stated that:-
“Development from the Victorian and Edwardian periods display many characteristics found in successful contemporary developments in the form of compactness, density, scale, legibility, relationships of streets to spaces, landscaping models, diversity and adaptability.”
Although the emphasis in the guidance is on new-build schemes, Figure 50 in the document illustrates traditional Victorian properties in the Pontcanna area. It is stated in the accompanying caption that:
“Buildings can change use several times over their lifetime and should be designed to be flexible and adaptable as many of these large Victorian houses.”
(c) Discussion
(i) He concludes by pointing out that the supporting text to Cardiff Unitary Development Plan Policy 2.25 states that offices, retail, entertainment and other uses which attract a significant number of visitors, whether by vehicle or foot, are generally best located
184 in centres where they are most widely accessible. Outside these areas, it is stated that proposals for the conversion or redevelopment of residential properties to other use will only be permitted in line with Policy 2.25 and if no unacceptable harm will be caused to the amenity of remaining residences, in line with Policy 2.24.
(ii) It can also be argued that the premises and their location are not suitable for a single residential use and is, therefore, compliant with Policy 2.25 (a). This is evidenced by the few remaining single dwellings in Richmond Road. The conversion of the building to flats or its subdivision would result in more pronounced change of character and impact on residential amenity that that associated with the partial change of use to offices.
(d) Justification
(i) The development, which is the subject of the application, would not attract a significant number of visitors and no unacceptable harm will be caused to residential amenity. As such, the proposed change of use is wholly compatible with the provisions of Planning Policy Wales which seeks to avoid unreasonable restrictions on commercial activities of an appropriate scale in residential areas.
(ii) The third reason for refusal relates to the lack of an inclusive access design. It is acknowledged that the front door of the property lies above several steps. A plan submitted as part of this planning application demonstrates how a new, ramped access can overcome this potential impediment to wheelchair users and the mobility impaired. This can be achieved without significant changes to the boundary frontage of the property, although an ornamental conifer tree will need to be removed. The provision of a new access ramp will therefore improve accessibility to the building without compromising its retained residential character.
(iii) Much of the work undertaken by the Solicitors’ practice, in progressing personal injury claims for clients, involves visiting them in their homes, as frequently they are unable to travel. As such, the use can be regarded as a service which is not provided principally to visiting members of the public and, therefore, falls within Use Class B1 rather than A2.
(iv) Consequently, movements to and from the premises are low in comparison with a typical ‘high street’ solicitors practice where businesses may rely on ‘passing trade’ and visually prominent signage to attract customers for services such as conveyances and general legal advice. No signage is, therefore, proposed as
185 part of the development. If the practice were to relocate to premises in a commercial centre the associated costs would prejudice training contracts to new solicitors which currently apply.
(v) The above factors, together with the daytime nature of the use, the need for a small practice to be close to the community it services, and to provide for small scale local employment opportunities results in a minimal impact on local residential amenity. The applicant would accept a condition which restricts the use to a B1 Solicitor’s office. As such the proposal is compatible with national guidance contained in Planning Policy Wales (paragraph 7.2.5) i.e.:
“In primarily residential areas, policies should not unreasonably seek to restrict commercial and industrial activities of an appropriate scale, particularly in existing buildings, provided that there are not likely to be adverse effects on residential amenity, landscape quality and the environment.”
(vi) He points out that the original residential character of the area has been eroded. The conversion of the majority of properties to flats, hostel and multiple-occupancy accommodation has resulted in the following adverse impacts:-
• Parking • Bin Storage • Signage • Rear extensions • Drainage
These issues are discussed in turn below. Photographs have been submitted to illustrate the points made.
(vii) Parking
The need to accommodate car parking, as a result of the subdivision and extension of properties, has resulted in the erosion of the residential character of the area.
This is particularly apparent in the case of properties where the original front garden features, including walls, hedges, gates and gateposts have been removed and replaced by a single area of bare concrete or tarmac. This practice has implications for increasing drainage run-off. In many cases dropped kerbs have not been constructed and often conflict arises with pedestrians and commuters parking along the street frontage.
Large areas of rear garden space are also taken up with parking, significantly eroding amenities of neighbouring
186 properties and properties to the rear where the enjoyment of private residential gardens is affected. In some cases security gates have also been installed at the entrances of rear parking areas together with CCTV cameras.
The South Wales Baptist College Building has extended its parking areas, and a one-way gyratory access/egress system adopted where the exit route actually utilises the driveway of an adjacent residential property.
(viii) Bin Storage
The sub-division of dwellings has resulted in a proliferation of bins outside the front of buildings which are a permanent feature in the townscape and which detract from both the residential amenity and character of the area.
(ix) Signage
No signage is proposed by the applicant. Signs would alter the character of the property. Nevertheless, signage is prevalent along Richmond Road on existing business and office uses, the Baptist College and adjacent buildings, and numerous ‘To Let’ notices, many of which are permanent features.
(x) Rear Extensions
A number of former semi-detached dwellings have been substantially altered and wholly or partly rebuilt. This trend is continuing in other parts of Richmond Road. Opposite the application site, substantial rear extensions are currently under construction which lie close to a footpath link between Richmond Road and Richmond Crescent. These extensions represent a substantial increase in the scale and massing of buildings to the detriment of the original character of the area.
(xi) It is, therefore, concluded that the continued office use of part of the building, as proposed by the application, would not result in any material harm to residential amenity and the character of the area, which has already been significantly eroded as a result of the factors described above. The proposal would maintain local amenities and the character of the building more than an alternative sub-division of the residential unit to flats or bed-sits.
8. ANALYSIS
8.1 The application is retrospective, seeking planning permission for the continuation of an office use, in a former house, in the ground floor front room, two first floor rooms and the whole of the second floor. The total office floorspace is around 106m2. An access ramp is also proposed. The
187 applicant has considered the reasons which resulted in the refusal of a previous similar application, and has put forward arguments which he considers should result in this application being approved.
8.2 The key issue is the change of use from residential to office use. There appears to be no reason why 36 Richmond Road is unsuitable for residential use, nor that the office use could not operate in a business area.
8.3 It is considered that a refusal of planning permission would be consistent with the refusal of application no. 08/2217C, in January 2009, for the same use, and with appeals which have been dismissed, on loss of residential grounds, (e.g. 06/2105W – “Marlay”, Sneyd Street, and 04/1475W – 57 Merthyr Road), and with the recent refusal of a change of use from residential to offices at 6 East Grove (08/1642C), and with the following policies:
(a) City of Cardiff Local Plan Policy 26 which indicates that planning permission will only be granted for the conversion of viable residential accommodation to office use:
(i) at ground level in shopping centres; (ii) where the characteristics of the premises and the location are unsuitable for residential use; (iii) subject to consideration of scale, location, design, amenity and transportation.
The application proposal is considered to be clearly in conflict with (ii) above, as the building and its location appear to be suitable for residential use; indeed the applicant lives in part of the building and says that he will continue to. It is possible that the proposed use and consequent comings and goings could detract from the amenity of neighbours. Furthermore, an approval could set a precedent for similar applications in the street further eroding its residential character.
(b) Deposit Cardiff Unitary Development Plan (October 2003) Policy 2.25 relates to the change of use of residential land or properties. It indicates that,
“outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, conversion or redevelopment of residential properties to other use will only be permitted where:
(a) the premises or their location are no longer suitable for residential use;
or
(b) the proposal is for a community use necessary within a residential area.”
188 The application proposal is considered to be contrary to (a) and (b) above, in that the premises and its location are suitable for residential use, and the application does not relate to a community use which is necessary in a residential area.
The above policy is repeated in Policy HSC3 of the Deposit Local Development Plan. The supporting text emphasises (para 5.142) that changes of use from residential to other use will only be permitted in business areas, local and district centres.
(c) Policy 2.29 of the same Plan, relates to office development. It reads:
“Business class office development will only be permitted outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, if:
(a) there is a need for the proposed floorspace; (b) that need cannot satisfactorily be accommodated within the Central or Waterfront Business Areas or a district centre: (c) the proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central or Waterfront Business Areas or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and (d) the site is accessible by a choice of means of transport.”
The current application is for an office development which appears to be in Use Class B1 (the business office Use Class), and it is considered that no evidence accompanies the application which satisfies criteria (a) or (b) of this policy.
8.4 The premises are not, at present, readily accessible, as it is necessary to negotiate four steps to access the front door. However, by proposing the construction of a ramp, the application has overcome the previous access concern which resulted in a reason for refusal.
8.5 The applicant’s policy arguments have been considered. Although there are some long-established non-residential uses in this part of Richmond Road, the character of the street is overwhelmingly residential. It is accepted that the character of the street has been spoilt by the hard surfacing of forecourts and their use of a site. Efforts have been made in recent years to discourage insensitive forecourt parking and revised parking guidelines have removed much of the pressure upon developers to provide it. For instance, nos. 93- 109 Richmond Road are in the course of redevelopment but the former hard surfaced front car park will become a grassed front garden.
8.6 There is nothing unique about the application site. It was a dwelling in a primarily residential area and if planning permission were to be granted for office use it would be difficult to resist applications for a similar change of use from residential to offices, not only in Richmond Road, but throughout the
189 City, which would result in a significant loss of residential accommodation and greater changes in the character of residential areas.
8.7 If the building is too big for use as a single dwelling, there is no reason why it could not be converted into flats and continue to offer much needed residential accommodation.
8.8 Section 54 of the Town and Country Planning Act 1990 states that “in making a determination under Planning Acts, regard is to be had to the Development Plan, unless material considerations indicate otherwise”.
8.9 With regard to Cllr. Berman’s comments, it must be emphasised that the application site is in a predominantly residential part of Richmond Road, where there are few office uses, and there are considered to be no special circumstances which warrant departing from Council policies. Members should note that, as recently as 20th July, an Inspector dismissed an appeal against the Council’s refusal to allow the use of no. 60 Plasturton Avenue as an advice centre for young persons, with offices for supervisors, by the Church Army. The Inspector commented:
“It is not disputed that the existing building is a viable unit of residential accommodation which is suitable for such use. The effect of the proposed development would therefore be to reduce the supply of houses in Cardiff, thus putting pressure on the supply of land for new houses elsewhere. It would conflict in this respect with the aims of Policy 26 of the adopted City of Cardiff Local Plan (LP) and Policy 2.25 of the draft Cardiff Unitary Development Plan (UDP).
The proposed accommodation would include offices for persons undertaking projects in the area and the resettlement of residents of a Church Army managed hostel next door. It would also include a room set aside for counselling and an area described as an activities room and kitchen. However, those uses could equally well be carried out in a non-residential building.
The location of this facility next to the hostel would therefore not appear to be critical to its function. There are non-residential buildings in the area which appear to be capable of meeting the identified needs. I conclude, for these reasons, that it has not been shown that the proposed use is a community use necessary within a residential area. The appeal does not relate to a ground floor property within an identified shopping centre. I further conclude that the proposed development does not fall into any of the categories of exceptions to the policy of retaining existing dwellings in residential use set out in LP Policy 26 or UDP Policy 2.25.”
The Inspector’s assessment of the above case is considered to have close parallels with the application for office use at 36 Richmond Road, where the same policies are pertinent. It is considered that it would be inconsistent to grant planning permission.
190 8.10 It is recommended that planning permission should be refused because the development has resulted in a loss of viable residential accommodation, setting an unfortunate precedent, which does not accord with the above policies, and because of the non-inclusive access. It is also recommended that enforcement action be taken to secure the cessation of the unauthorised office use.
191 192 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/01093/C APPLICATION DATE: 10/07/2009
ED: PLASNEWYDD
APP: TYPE: Full Planning Permission
APPLICANT: Mr Mohammad-Taher Moghbel LOCATION: 206 CITY ROAD, ROATH, CARDIFF, CF24 3JG PROPOSAL: CHANGE OF USE TO RESTAURANT ______
RECOMMENDATION: That planning permission be REFUSED for the following reason:
1. The proposed change of use of the ground floor of the premises to a restaurant would add to the existing concentration of food and drink units in the City Road area, which would be likely to exacerbate problems of late-night anti-social behaviour, and crime and disorder, having a detrimental impact on public safety. The proposal, therefore, fails to accord with Welsh Office Circular 16/94 “Planning Out Crime” and paragraph 2.9.11 of the Ministerial Interim Planning Policy Statement 01/2008 “Planning for Good Design”.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application seeks planning permission for the change of use of ground floor sandwich bar at no. 206 City Road, to provide a restaurant (A3) use. No takeaway facility is proposed. No external alterations are proposed.
1.2 The proposed hours of opening have not been specified on the application form but the applicant has confirmed that the proposed hours of opening are 10:00am to 11:00pm on each day of the week.
1.3 Pedestrian access into the restaurant would be off City Road, as existing. No car parking provision for customers is proposed.
1.4 The application is supported by a design and access statement, which states that the existing access would be retained – the existing access involves a 250mm rise in level between the pavement and premises with ramped access through to the proposed seating area.
193 2. DESCRIPTION OF SITE
2.1 The application site is a two storey terraced property, with a sandwich bar at ground floor, “Karoun”, and residential accommodation on the upper floors. The shop and the residential accommodation have separate entrances from City Road. The existing “Karoun” sandwich bar does contain a table and small number of seats but this seating area is considered ancillary to the main use of the ground floor as a sandwich bar (A1 use).
2.2 The application site is located in an uninterrupted frontage, nos. 196-214 City Road, which contains 6no. ground floor commercial units. One of these units is currently in A3 use: the adjoining premises at no. 208 City Road, “Papa Johns” pizza takeaway. The remaining 4 units accommodate shop (A1) uses.
The former Gaiety theatre is located opposite the application site, nos. 191-197 City Road. The former theatre benefits from extant planning permission 07/02084/C, which allows use as a bar/restaurant.
2.3 There is residential accommodation above the application site and there appears to be residential accommodation in the upper floors of the adjoining premises.
3. SITE HISTORY
3.1 No relevant site history.
4. POLICY FRAMEWORK
4.1 The site is located within the City Road area as defined by the City of Cardiff Local Plan Proposals Map.
4.2 The relevant policies in the City of Cardiff Local Plan Policies are :
Policy 17 – Parking and Servicing Facilities
Policy 20 – Provision for Special Needs Groups
Policy 26 – Conversion or Redevelopment of Residential Accommodation
Policy 40 – Development in City Road
4.3 The relevant policies in the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 are :
Policy MV11 – Parking
Policy MV13 – Equality of Access
194
4.4 The relevant policies in the Cardiff Unitary Development Plan Deposited Written Statement are:
Policy 2.24 - Residential Amenity
Policy 2.25 – Change of use of Residential Land or Properties
Policy 2.36 – District and Local Centres
Policy 2.57 – Access, Circulation and Parking Requirements
Policy 2.74 – Provision for Waste Management Facilities in Development
4.5 Cardiff Deposit Local Development Plan:
Policy HSC8 – District and Local Centres
4.6 Relevant National Planning Guidance :
Planning Policy Wales (March 2002)
Ministerial Interim Planning Policy Statement 01/2008 – Planning for Good Design
Tan 21 – Waste
Welsh Office Circular 16/94 – Planning Out Crime
4.7 Relevant Supplementary Planning Guidance :
“Restaurants, Takeaways and other Food and Drink Uses” (June 1996)
“Waste Collection and Storage Facilities” (March 2007)
“Access, Circulation and Parking Requirements” (June 2006)
5. INTERNAL CONSULTEE RESPONSES
5.1 Strategy and Enterprise (Transportation Policy and Development) The proposal is considered to be acceptable, in principle, in terms of transport issues.
5.2 Highways and Waste Management (Waste Management) The refuse storage details are acceptable. The agent/applicant should note that
195 a commercial contract is required for the collection and disposal of all commercial waste.
5.3 Highways and Waste Management (Drainage) No comments received.
5.4 Strategic Planning and Environment (Pollution Control) No objection subject to conditions, which would: secure sound insulation, restrict opening hours to 08:00–23:30, control delivery times to 08:00-20:00, control plant noise, and secure adequate kitchen extraction facilities.
5.5 Strategic Planning and Environment (Planning Policy)
Local Plan Policy 40 applies, whilst UDP Policy 2.36 and LDP Policy HSC8 are also material planning considerations. The application should also be assessed against the SPG on ‘Restaurants, Takeaways and other Food and Drink Uses’ (June 2006).
Policy 40 of the Local Plan states that within City Road, business, housing, shops and financial and professional services will be favoured. Food and drink uses (A3) will only be permitted where there would be no unacceptable adverse effect upon residential amenity, taking into account existing concentrations of such uses.
The ‘Restaurant, Takeaway and Other Food and Drink Uses’ SPG states that, within City Road, a more flexible approach is taken, with residential and business uses favoured in addition to shops and financial/ professional services. Due to the existing concentration of hot food takeaways along City Road, applications for new food and drink uses, extensions to existing premises or applications to increase opening hours are assessed specifically in relation to whether the proposal is likely to have a harmful effect upon nearby residents. However the SPG does acknowledge that in view of the existing numbers of food and drink outlets, especially takeaways, the opportunities to set up more or to extend the operations of existing premises are likely to be extremely limited.
Policy 2.36 of the Deposit UDP aims to support the retention and provision of local shopping facilities which remains the primary role of District Centres. The Policy states that A3 uses within District Centres will be permitted where they would not cause unacceptable harm to the primary shopping function of the centre or its vitality, attractiveness or viability. LDP Policy HSC8 states that within District Centres, proposals for uses other than Class A1 will be permitted at ground floor level if they would not cause unacceptable harm to the predominant shopping role or the amenity of nearby residents.
196
Analysis
206 City Road is a single unit operating as a Sandwich Bar with ancillary eating area. The property forms part of a frontage from 196 to 214 City Road. According to Strategic Planning’s latest monitoring (May 2009), the current uses within this frontage are as follows: 5 x A1 (83%); and 1 x A3 (17%).
Although the latest monitoring illustrates a relatively high level of retail uses within this frontage, the loss of an A1 unit does raise land-use policy concerns under UDP Policy 2.36 and LDP Policy HSC8. These concerns however, are not significant enough to warrant an objection due to the fact that UDP Policy 2.36 and LDP Policy HSC8 are emerging policy only. The Adopted Local Plan remains the principle development plan for determining planning applications and as such ‘City Road’ is addressed under Policy 40. As ‘City Road’ is not an identified ‘District’ or ‘Local Centre’ in the Local Plan, its level of retail protection is limited. As such, the main consideration in the determination of this application is the effect upon residential amenity, taking into account existing concentrations of A3 uses.
Providing all issues of amenity are addressed the application raises no land-use policy objections. However, it is worth noting that another take-away could be an unacceptable addition to the existing concentration within City Road and should therefore be considered thoroughly in the assessment upon residential amenity.
6. EXTERNAL CONSULTEE RESPONSES
6.1 South Wales Police The South Wales Police Crime Prevention Design Advisor highlights the existing level of crime and anti-social behaviour in City Road and objects to the application on the basis that additional late-night food and drink premises in City Road, “…are likely to exacerbate the problems of anti-social behaviour and crime and have a detrimental affect on public safety”. He notes that “The police objection is based on evidence previously submitted to (the Council’s) Licensing Committee on 7/7/09, contained in the “Safer Capital Analysis of Crime in City Road/Crwys Road”, and that contained in the “Statement of Licensing Policy”, Cardiff City Council 31/01/08 (as amended on 24/07/09)”.
The Crime Prevention Design Advisor also notes that existing parking restrictions would be problematic during daytime hours. If planning permission is recommended, he requests that all external doors and glazing be installed to meet adequate security standards, and that CCTV is installed to cover access via the front door.
6.2 Welsh Water No objection subject to conditions/advisory notes relating to the public sewerage system.
197
7. REPRESENTATIONS
7.1 Adjoining properties and Local Members have been consulted and the application has been advertised on site and in the press.
7.2 Jenny Randerson AM has written to object to the application, “…on the basis that City Road, which is in the middle of a densely populated residential area, is already saturated with similar establishments which have a detrimental impact on the quality of life for local residents. Parking is at a premium and local residents are constantly disturbed by the late noise generated by returning diners and the slamming of car doors”.
8. ANALYSIS
Land Use Policy
8.1 The application site falls within the City Road area as defined by the City of Cardiff Local Plan. As such Policy 40 of the Local Plan applies and specifically states :
“Food and Drink Uses (Class A3) will only be permitted where there would be no unacceptable adverse effect upon residential amenity, taking into account existing concentrations of such uses, and subject also to considerations of scale, location, design and transportation.”
Further detailed guidance on amenity considerations is provided in the “Restaurants, Takeaways and Other Food and Drink Uses” SPG.
8.2 Land use policy advice, relating to the proposed change of use, is outlined in paragraph 5.5 of this report with the conclusion that, providing amenity issues are addressed, the proposal does not raise any land use policy objections.
Amenity Considerations
8.3 In terms of impact on residential amenity, it should be noted that Planning Inspectors have not necessarily been supportive of objections raised by the Council based on noise or smell nuisance. For example, the Inspectorate’s decision letter in respect of a change of use from retail to restaurant at no. 42 City Road (04/2762/C) states that residents in such a mixed use area cannot expect the same standards of amenity as those living in a wholly residential area. The Inspectorate has reached similar conclusions on appeals involving new food and drink uses at no. 222 City Road (03/2207/C), no. 159 City Road (03/1318/C), and no. 232 City Road (08/235/C). The Inspectorate has also recently allowed an appeal at no. 98-100 City Road (09/00092/C), an application for A3 use, which was refused by planning committee on 11/03/2009 on the basis that the
198 proposed change of use would lead to an unacceptable concentration of food and drink uses, which would have a harmful impact on nearby residents.
8.4 The Pollution Control section has no objections to the proposal in terms of impact on amenity. Paragraph 4.7 of the “Restaurants, Takeaways and Other Food and Drink Uses” SPG does states that, “If the level of noise or smell likely to arise from a proposal is such that it would be difficult to resolve through measures outlined in paragraphs 4.5 and 4.6 (these paragraphs provide details of mitigation measures), and especially if residents live immediately adjacent, planning permission is likely to be refused on the grounds that the proposal would cause unacceptable nuisance to those residents.”
8.5 Pollution Control note that residential accommodation is located at first floor level above the application site and have requested that, should permission be recommended for the current application, conditions are attached in order to restrict late-night opening to 11.30pm each day, and to restrict delivery times to 08:00 – 20:00 hours. Conditions have also been suggested by Pollution Control in order to control any potential adverse amenity impact resulting from cooking smells and plant noise. Pollution Control consider that these mitigation measures, which would be secured by planning condition, will satisfactorily address any potential noise or smell nuisance.
Access
8.6 The Council’s adopted “Restaurants, takeaways and other food and drink uses” SPG notes that a level or ramped access, with minimum door width of 800mm is required for new food and drink proposals. The submitted plans, and design and access statement, indicate that the applicant intends to utilise the entrance off City Road, as existing. The existing entrance has a 250mm rise in level between pavement and floor level, with only a 500mm door width. As such, the proposal, in order to address requirements in terms of inclusive access, would require amending.
Crime and Disorder
8.7 Ministerial Interim Planning Policy Statement 01/2008 “Planning for Good Design” notes, in paragraph 2.9.11, that:
“Local authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. Crime prevention and the fear of crime are social considerations to which regard must be given by local planning authorities in the preparation of development plans, should be reflected in supplementary planning guidance, and may be material considerations in the determination of planning applications. The aim should be to produce safe environments through good design”.
199 8.8 Welsh Office Circular 16/94 “Planning Out Crime” is also relevant and, in paragraph 3 states, “Crime prevention is capable of being a material consideration when planning applications are considered”. The Circular advises that local planning authorities should consult police architectural liaison officers when determining planning applications.
8.9 In this case, the South Wales Police Crime Prevention Design Advisor has indicated that the level of crime and anti-social behaviour in City Road is an issue that causes concern to the Police. South Wales Police object to the application on the basis that the proposed restaurant, trading in the evening, would add to the existing number of food and drink premises in City Road - an area where there is already a significant concentration of A3 units. The Police consider that an additional late-night food and drink use is likely to exacerbate the existing problems of crime and anti-social behaviour in City Road, having a negative impact on public safety.
Licensing Saturation Policy
8.10 It should be noted that an amendment to the Council’s Statement of Licensing Policy was adopted on 24th July. The amendment to the Licensing Policy was requested by South Wales Police on 17th May 2009 due to their concern about the cumulative impact of licensed premises in the City Road and Crwys Road area. The amendment means that within the Crwys Road/City Road area, the policy of Licensing Committee is a rebuttable presumption that applications for new premises licences, or club premises certificates, or variations that are likely to add to the existing cumulative impact in the City Road/Crwys Road area, will normally be refused. However the City Road/Crwys Road Special Saturation Policy Zone is a licensing policy, and has no weight in the determination of this planning application; the Police have made it clear that they object to planning permission for the proposed restaurant as the application site is in an area where there are many existing late-night food and drink uses, and where there are problems in terms of anti-social behaviour, crime, and public safety.
Representations
8.11 The objection raised by Jenny Randerson AM is noted. However, the Council’s Transportation Policy and Development group consider that the proposal does not raise any concerns in terms of parking; the existing on-street parking arrangements are considered acceptable. In terms of late night noise, the Council’s pollution control team consider that any adverse impact can be mitigated by restricting opening and delivery times.
200 Recommendation
8.12 Taking into account the objection of South Wales Police, it is recommended that planning permission be refused.
201 202 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/01208/C APPLICATION DATE: 15/07/2009
ED: PLASNEWYDD
APP: TYPE: Full Planning Permission
APPLICANT: Mrs S Churchill LOCATION: 17 WELLFIELD ROAD, ROATH, CARDIFF, CF24 3NZ PROPOSAL: CHANGE OF USE OF GROUND AND FIRST FLOOR TO A3 CAFE WITH ALTERATIONS TO SHOPFRONT ______
RECOMMENDATION: That planning permission be REFUSED for the following reason:
1. The change of use of the premises from A1 to A3 harms the predominant shopping role and character of the Albany Road/Wellfield Road primary shopping frontage. The change of use therefore fails to accord with Policy 49 of the City of Cardiff Local Plan the Council's adopted "Albany Road/Wellfield Road District Shopping Centre” Supplementary Planning Guidance note.
RECOMMENDATION 2: That the Chief Legal and Democratic Services Officer be authorised to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 to secure the cessation of the unauthorised use.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application seeks part retrospective consent for the change of use of a ground floor mid terrace commercial property from a leather/glass/tobacco shop (A1) to a café (A3), proposed use of the first floor as part of the café and proposed alterations to the shop front. The application is supported by a Design and Access statement.
1.2 The ground floor comprises of a seating area (approximately 40 square metres) and service counter within the main front section, and a kitchen and toilet towards the rear. A new staircase would be formed to provide access to the first floor which would comprise of two separate café rooms and an additional kitchen. Pedestrian access into the premises is via the existing shop door.
1.3 The proposed hours of opening are 08.00 to 23:30 at ground floor level and 08:00 to 18:00 at first floor. The application originally proposed opening hours of 08:00 to 23:30 throughout, however the agent was advised that the later opening hours at first floor level would be harmful to residential occupiers of adjacent first floor flats.
203
1.4 The proposed shop front alterations consist of a pair of inward opening casement windows at both sides of the central door to replace two larger glazed panels, the stall riser and door would remain as existing. The application originally proposed a kiosk style high level sliding window to the right hand side of the shop front, however the architect was advised that this would be visually unacceptable in design terms.
2. DESCRIPTION OF SITE
2.1 The property lies within a parade of 31 terraced commercial units along the north-west side of Wellfield Road, located within the Albany Road/Wellfield Road District Centre. It is adjoined by retail shops at either side.
2.2 The upper floor of the property is currently used as a residential flat, accessed separately via an external staircase from an external rear yard. There is a pedestrian access gate to the rear yard from the rear lane.
3. SITE HISTORY
3.1 09/1119C – planning permission refused for change of use of no.39 Albany Road from A1 retail to A3 food and drink (excluding takeaway) with single storey rear extension and extraction system as the proposed use would harm the predominant shopping role and character of the Albany Road/Wellfield Road district centre.
3.2 08/598C – planning permission refused for change of use of no. 43 Wellfield Road to an A3 coffee shop with rear conservatory & replacement shop front as the use undermined the predominant shopping nature of the Albany Road/ Wellfield Road primary shopping frontage. Subsequent appeal allowed.
4. POLICY FRAMEWORK
4.1 The site lies within the Albany Road/Wellfield Road area as defined by the proposals map of the City of Cardiff Local Plan, and as a District Centre as defined by the Deposit Unitary Development Plan (October 2003).
4.2 Relevant National Planning Guidance:
Planning Policy Wales (2002) Planning Policy Wales TAN 12: Design Planning Policy Wales TAN 18: Transport Planning Policy Wales TAN 21: Waste
4.3 Relevant City of Cardiff Local Plan policies:
Policy 11: Design & Aesthetic Quality Policy 17: Parking & Servicing Facilities Policy 20: Provision for Special Needs Groups Policy 49: District & Local Centres
204
4.4 Relevant Deposit Unitary Development Plan (October 2003) policies:
Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.36: District & Local Centres Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise & Light Pollution Policy 2.74: Waste Management
4.5 Relevant Supplementary Planning Guidance:
Albany Road/Wellfield Road District Shopping Centre (June 1998) Restaurants, Takeaways and other Food & Drink Uses (June 1996) Waste Collection and Storage Facilities (March 2007)
5. INTERNAL CONSULTEE RESPONSES
5.1 Strategic Planning (Land Use Policy) - The application site falls within the Albany Road/Wellfield Road district centre, as defined by the Local Plan. The application should be assessed against Policy 49, the aim of which is to protect the predominant shopping role of the centre and maintain the vitality and viability of its shopping frontages. Also of relevance is Supplementary Planning Guidance on ‘Restaurants, Takeaways and Other Food and Drink Uses’ (June 1996). This states that food and drink uses are complementary, in principle, to the main shopping role of district and local centres, as long as they do not adversely affect the living environment of nearby residents, or, with other non-shopping uses, reach such a level that they undermine the shopping character of the area (paragraph 3.3).
Also of relevance is the SPG ‘Albany Road/Wellfield Road District Shopping Centre’ (June 1998) as the site falls within the Primary Shopping frontage. Paragraph 4.8 of the SPG states that within the primary frontage, the change of use of ground floor shop premises to non-shopping uses will only be permitted where it can be shown that the proposed use will not undermine the predominant shopping nature of the primary frontage. The proposal should be assessed against the following criteria: (i) The floorspace and frontage of the premises; (ii) The number, distribution and proximity of other ground floor premises in, or with planning permission for, non-shopping uses; (iii) The nature and character of the proposed use, including the level of activity associated with it; (iv) Whether the proposed use would create amenity problems.
The main issue in terms of this application is in relation to criterion (ii) of the SPG which states that changes of use which raise the number of non- shopping uses to over 20% within the primary shopping frontage are unlikely to be permitted. There are 85 units within the primary shopping frontage as a whole. Up-to-date survey information produced by the Policy Team (July 2009) indicate that at present there are 18 non-shopping uses within the
205 primary frontage. If permission is granted for the application this would take the number of non-shopping uses to 19 and the proportion of non-shopping uses to 23%, in excess of the 20% threshold set out in the SPG.
It should be noted, when considering this application that the authorised use of 31 Albany Road (La Casa Coffee) is A1, however it is currently operating as an A3 use and is the subject of enforcement action.
It should also be noted that a recent application for A3 at 39 Albany Road has been recommended for refusal.
It is considered that this higher level of non-shopping uses within the primary shopping area will affect the shopping character of the primary frontage and hence the District Centre as a whole. The application therefore raises land use policy concerns.
5.2 Transportation - no objection.
5.3 Pollution Control - originally objected to the change of use of the first floor on grounds of noise nuisance to adjacent residential occupiers, however have withdrawn their objection in light of the amended daytime opening hours for the first floor. They request conditions to control opening hours, delivery times, plant noise, and to require details of the kitchen extraction system and sound insulation to the first floor party walls to be submitted and agreed.
5.4 Waste Management - no details of refuse and recycling storage have been provided, therefore requests that a storage location be provided, and also advises that a commercial waste collection contract would be required.
6. EXTERNAL CONSULTEE RESPONSES
6.1 South Wales Police - no objection but make the following recommendations for protection of the property and public safety as burglary and anti-social behaviour are higher than average in this area:
a) All Glazing should be BS6206:1981 standards for flat safety glass. b) Door sets should meet PAS 24 security standards. c) Any sliding windows must have at least a two point locking system and be installed in such a way so that they cannot be easily removed.
6.2 Wellfield Road Traders Association – no response received to date, any comments will be reported to committee.
7. REPRESENTATIONS
7.1 The application has been publicised by letter, site and press notice. Jenny Randerson AM objects to the application, commenting as follows:
Wellfield Road forms part of the Council’s Roath Park Conservation area and is one of the City’s premier suburban shopping streets. It accommodates an
206 assorted array of high quality retail outlets and a number of eating establishments. To maintain its economic vibrancy and appeal, it is important to retain a viable balance and the provision of a further cafe in the market place would upset the applecart.
7.2 Local Members were consulted, and no representations were received.
8. ANALYSIS
8.1 In terms of the proposed change of use of the premises, the proposal is considered unacceptable as outlined by the advice of the Strategic Land Use Policy Group who note that a grant of planning permission would result in a higher level of non-shopping uses within the primary shopping frontage of the Albany Road/Wellfield Road centre, and that this will have an adverse impact on the shopping character of the primary frontage and the district centre as a whole.
8.2 The Albany Road/Wellfield Road primary shopping frontage (both sides of Wellfield Road and north side of Albany Road) is defined in the Council’s adopted “Albany Road/Wellfield Road District Shopping Centre” supplementary planning guidance note (SPG). The SPG aims to preserve the shopping role and character of the centre as a whole by controlling the number of non-shopping uses at ground floor level within the defined primary shopping frontage. Given the restriction on non-shop (non-A1) uses within the primary shopping frontage, the SPG adopts a more flexible approach to non-shop uses outside the primary shopping frontage (south side of Albany Road).
8.3 If the application was successful, the proportion of non-shopping (non-A1) uses would increase from 21% to 23% of all units within the primary shopping frontage of the centre. Reference is made to paragraph 4.9.2 of the Council’s adopted “Albany Road/Wellfield Road District Shopping Centre” SPG, which states that, “Changes of use which raise the number of non-shopping uses to over 20% within the primary shopping frontage are unlikely to be permitted”.
8.4 It should be noted that a recent application for the retention of a coffee shop at number 43 Wellfield Road (08/598/C) – a unit within the primary shopping frontage of the Albany Road/Wellfield Road district centre – was refused by planning committee on 18/06/08 on the grounds that it would undermine the shopping nature of the primary shopping frontage by raising the proportion of non-shop uses to 21%. However the subsequent appeal was allowed on 24/11/08; the Inspector considered that, although the proposal would breach the 20% threshold of non-shopping uses outlined in the Albany Road/Wellfield Road SPG, it would “do so only marginally, and in a way which would not fundamentally undermine the objectives of the Council’s policies to safeguard the shopping role and character of the area”.
8.5 Notwithstanding the appeal decision at number 43 Wellfield Road, if planning permission was granted for this application, the proportion of non-shop uses within the primary shopping frontage would, according to Planning Policy
207 data, increase to 23%. It is considered that this level of non-shop uses would undermine the aim of the Albany Road/Wellfield Road District Shopping Centre SPG, which is to “preserve the shopping role and character of the centre as a whole by controlling the number of non-shopping uses at ground floor level within an identified primary shopping area” and therefore harm the predominant shopping role and character of the Albany Road/Wellfield Road district centre.
8.6 The objection received from Jenny Randerson AM is considered valid in light of the advice from the Strategic Planning Land Use Policy Group.
8.7 The use is not considered to harm the residential amenity of adjoining residents in view of the amended opening hours for the first floor, as advised by Pollution Control. The proposed opening hours for the ground floor accord with paragraph 4.12 of the Restaurants, Takeaways and other Food & Drink Uses SPG.
8.8 The amended shop front alterations are considered acceptable in design terms as they would maintain the vertical symmetry and existing stall riser whilst introducing a balanced horizontal break to the windows at both sides, similar to the approved inward opening window design at no. 43 Wellfield Road (Coffee #1). The existing entrance is level with the street, therefore provides adequate access for disabled customers.
8.9 It is considered that the application is unacceptable, contrary to the policies listed above, therefore it is recommended that planning permission be refused.
208 209 210 211 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/1216/C APPLICATION DATE: 20/07/2009
ED: PLASNEWYDD
APP: TYPE: Variation of conditions
APPLICANT: Mr Yetisir LOCATION: 192 CITY ROAD, ROATH, CARDIFF, CF24 3JF PROPOSAL: VARIATION OF CONDITION 7 OF PLANNING PERMISSION 95/491/W TO ALLOW EXTENSION OF OPENING HOURS TO MON- SAT 09:00HRS TO 00:30HRS AND SUNDAYS 09:00HRS TO MIDNIGHT ______
RECOMMENDATION: That planning permission be REFUSED for the following reason:
1. The proposed variation of Condition 7 of planning permission 95/491/W to allow use of the premises between 09:00 hours and 00:30 hours on Mondays to Saturdays, and between 09:00 hours and midnight on Sundays, is likely to adversely affect the amenities of residents in first floor accommodation, above both the application site and the adjoining properties, by virtue of late-night noise nuisance generated by activities within the premises and from patrons frequenting the premises. The proposal therefore fails to accord with Policy 40 of the City of Cardiff Local Plan and the Council’s adopted ‘Restaurants, Takeaways and Other Food Uses’ Supplementary Planning Guidance Note.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application seeks planning permission for the variation of condition 7 of permission 95/491/W to allow the extension of opening hours at no. 192 City Road, which is occupied by the Troy restaurant and takeaway.
1.2 Condition 7 of permission 95/491/W restricts opening hours to 09:00 hours - 2300 hours, each day. The application seeks to extend the evening opening hours until 00:30 on Mondays – Saturdays, and until midnight on Sundays.
2. DESCRIPTION OF SITE
2.1 The application site is a two storey terraced property, with the “Troy” restaurant at ground floor level, with residential accommodation on the upper floors.
2.2 The application site is located in an uninterrupted frontage, nos. 172-194 City
212 Road, which contains 10no. ground floor commercial units. Two of these units are currently in A3 use: the adjoining premises at no. 190 City Road, “Adonis” kebab takeaway, and no. 186 City Road, “City Balti” takeaway.
2.3 The frontage survey was undertaken on 6th August.
2.4 There is residential accommodation above the application site and there appears to be residential accommodation in the upper floors of the adjoining premises.
2.5 The application is supported by a Design and Access Statement.
3. SITE HISTORY
3.1 95/491/W Existing use of café and takeaway food hours to be extended from 6.30pm to 11.00pm. Permission granted: 10/05/95.
4. POLICY FRAMEWORK
4.1 The site is located within the City Road area as defined by the City of Cardiff Local Plan Proposals Map.
4.2 The relevant policies in the City of Cardiff Local Plan Policies are :
Policy 17 – Parking and Servicing Facilities
Policy 20 – Provision for Special Needs Groups
Policy 40 – Development in City Road
4.3 The relevant policies in the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 are :
Policy MV11 – Parking
Policy MV13 – Equality of Access
4.4 The relevant policies in the Cardiff Unitary Development Plan Deposited Written Statement are :
Policy 2.24 - Residential Amenity
Policy 2.36 – District and Local Centres
Policy 2.57 – Access, Circulation and Parking Requirements
Policy 2.74 – Provision for Waste Management Facilities in Development
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4.5 Cardiff Deposit Local Development Plan:
Policy HSC8 – District and Local Centres
4.6 Relevant National Planning Guidance :
Planning Policy Wales (March 2002)
Ministerial Interim Planning Policy Statement 01/2008 – Planning for Good Design
Tan 21 – Waste
Welsh Office Circular 16/94 – Planning Out Crime
4.7 Relevant Supplementary Planning Guidance :
“Restaurants, Takeaways and other Food and Drink Uses” (June 1996)
“Waste Collection and Storage Facilities” (March 2007)
“Access, Circulation and Parking Requirements” (June 2006)
5. INTERNAL CONSULTEE RESPONSES
5.1 Strategy and Enterprise (Transportation Policy and Development) No objection.
5.2 Highways and Waste Management (Waste Management) Two conditions relating to waste management were attached to permission 95/491/W and it is uncertain if these were ever discharged. A location for the storage and collection of waste and recycling should be shown on the site plans. The agent/applicant should be advised that the current commercial contract for the collection and disposal of all commercial waste will need to be amended.
5.3 Strategic Planning and Environment (Pollution Control)
An objection is raised on the grounds of noise pollution as there is residential accommodation at first floor level of the application site, and at first floor level adjoining the site, which, is likely to be affected by increased noise nuisance, generated by activities at the restaurant and from patrons frequenting the restaurant. However, Pollution Control indicate that, if the applicant accepts a closing time of 23:30 hours, this objection would be withdrawn.
214
No comments are provided in respect of air and contaminated land issues.
5.4 Strategic Planning and Environment (Licensing) A copy of the current premises licence is provided. The licence, dated November 2008, allows the premises to open from midday until 01:00 hours on Mondays- Saturdays, and from midday until midnight on Sundays. The Licensing Officer also noted that, between November 2006 and November 2008, the application site had a premises licence which allowed the premises to open until 00:30 hours on Mondays-Saturdays, and until midnight on Sundays.
6. EXTERNAL CONSULTEE RESPONSES
6.1 South Wales Police No objection.
7. REPRESENTATIONS
7.1 Adjoining properties and Local Members have been consulted and the application has been advertised on site and in the press. No responses have been received.
8. ANALYSIS
8.1 Guidance on opening hours for A3 premises in City Road is provided in the Council’s adopted “Restaurants, takeaways and other food and drink uses” supplementary planning guidance note.
8.2 Paragraph 4.12 of the “Restaurants, takeaways and other food and drink uses” SPG notes that, if opening hours are proposed outside normal shopping hours, they will be restricted to 11.30pm. It goes on to state that, the local planning authority’s desire to “..restrict any further intensification of the disturbance caused to surrounding residents” will be “an important consideration when assessing any applications for the extended opening hours”.
8.3 Pollution Control object to the application, based on the proposed hours submitted, and considering the presence of residential accommodation at first floor level of the application site, and at first floor level adjoining the site. However Pollution Control note that, if the applicant accepts an evening closing time of 23:30 hours, in line with guidance in the Restaurants, takeaways and other food and drink uses” SPG, the objection would be withdrawn.
8.4 The agent has been made aware of the comments of the Pollution Control section but no response has been provided, to date.
215 8.5 Based on the objection from Pollution Control, it is recommended that planning permission be refused.
216 217 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/1293/C APPLICATION DATE: 24/07/2009
ED: ADAMSDOWN
APP: TYPE: Full Planning Permission
APPLICANT: Z Malik LOCATION: LOCOMOTIVE INN, 62-66 BROADWAY, ADAMSDOWN, CARDIFF, CF24 1NH PROPOSAL: DEMOLISH EXISTING BUILDING, CONSTRUCT 3 STOREY RESIDENTIAL BUILDING COMPRISING 18NO ONE BEDROOM DWELLINGS ______
RECOMMENDATION 1: That subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 8.10 of this report, planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. The permission relates to the application as amended by the revised plans numbered: 2113-P02 (dated 25/08/09); 2113-P10COL, 2113-P10 (dated 13/08/09); and plans numbered 2113-P11A, 2113-P11, 2113- P08A, 211-P09A (all dated 12/08/09), attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. C1B Materials Specification Required
4. C20 Architectural Detailing
5. C5A Construction of Site Enclosure
6. Notwithstanding the submitted details, no development shall take place until details of facilities for the storage of refuse containers have been submitted to and approved in writing by the Local Planning Authority. The facilities approved shall be provided before the development is brought into beneficial use. Reason: To secure an orderly form of development and to protect the amenities of the area.
218 7. No development shall take place until details of the secure, enclosed cycle storage area – shown on drawing number 2113-P02 - have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.
8. Prior to the commencement of development, details of the construction phasing and construction management of the development shall be submitted to and agreed with the Local Planning Authority, to include details of access and egress of construction vehicles, construction operating hours, and construction vehicular routes. The development shall be implemented in accordance with the approved construction management plan. Reason: In the interests of visual amenity and to secure an orderly form of development.
9. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.
10. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in
219 accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.
RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: The developer is advised to contact Western Power Distribution prior to the commencement of construction works.
RECOMMENDATION 5: Welsh Water Advise that foul and surface water discharges shall be drained separately from the site, no surface water or land drainage shall be allowed to connect to the public sewerage system, and no part of the building will be permitted within 3 metres of the centreline of the public sewer. If a connection is required to a public sewer, the applicant/developer is requested to contact Dŵr Cymru Welsh Water. A water supply can be made available to serve the proposed development.
220 RECOMMENDATION 6: Bats often roost in houses and other buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. They must be given reasonable time to advise as to whether the works should be carried out and, if so, the method to be used. This legislation does not apply to bats in the living area of a dwelling-house.
If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately.
For buildings other than a dwelling-house, no works of site clearance, demolition or construction should take place unless a licence to disturb these species has been granted in accordance with the relevant legislation.
The Cardiff office of CCW can be contacted at :
Unit 7, Castleton Court Fortran Road St Mellons Cardiff CF3 0LT Tel : 02920 772400 Fax : 02920 772412
For further advice on bats please contact :
The Bat Conservation Trust Unit 2, 15 Cloisters House 8 Battersea Park Road London, SW8 4BG Tel : 02920 7627 2629 Fax : 020 7627 2628
RECOMMENDATION 7: The applicant should note that South Wales Police advise: the site should be well lit with all lighting conforming to BS5489, all communal entrances and the rear courtyard access should be have secure access control, and all glazing in doors and windows should conform to BS and UKAS standards and be laminated to a minimum thickness of 6.4mm.
RECOMMENDATION 8: It is recommended that information about public transport options is provided to future residents. The Council’s Transportation section can provide leaflets and information in relation to bus and cycle routes.
221
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This full application proposes a development of 18 apartments on the site of a former pub, the “Locomotive Inn” – the former pub building would be demolished if the scheme is approved and implemented.
1.2 The application indicates that the 18no. one-bedroom apartments proposed would be accommodated within a three storey building. The proposed scheme involves 4no. gables, finished in painted render - 2no. on the Broadway/north-west elevation, and 2no. on the Helen Place/south-west elevation. The rest of the building comprises a flat-roofed structure, finished with timber cladding on the first and second floor with painted render at ground floor level. Amended plans show that the flat-roofed element of the building would be approximately 8.2m in height, with the pitch of the gables approximately 10.3m in height; the original submission contained gables of approximately 10.9m in height.
1.3 On the Broadway elevation, a small front amenity area is proposed, enclosed by steel fencing, which would set the building back by approximately 1m from the existing building line. The proposed building would directly abut the footway on the Helen Place/south-western elevation.
1.4 A rear amenity area is proposed, which would be accessed from an existing side lane that leads from Helen Place. The proposed rear amenity area extends to slightly more than 100sqm and would accommodate 18no. cycle spaces, refuse storage facilities, and a small, informal, recreational area.
1.5 In terms of pedestrian access, the plans, as originally submitted, show 2no. single street doors, set slightly back from the building line - one each on the Broadway and Helen Place elevation – with an additional gated entry on the Helen Place elevation. Amended plans have been submitted, which replace the gated entry on the Helen Place/south-west elevation with a recessed, single street door. No on-site parking would be provided.
1.6 The application is supported by a design and access statement.
2. DESCRIPTION OF SITE
2.1 The application relates to the site of the former Locomotive pub – now vacant and boarded up – on the corner of Broadway and Helen Place. The application site is located within the Cliftton Street/Broadway district centre, as defined on the City of Cardiff Local Plan Proposals Map.
222 2.2 The former pub building is a 2 storey structure with a dual pitch roof, approximately 8.5m at ridge height and 6m at the eaves; a similar height to other properties in the application site’s frontage.
2.3 Whilst existing buildings in the application site’s frontage are 2 storey, the existing gabled buildings opposite the application site, at numbers 43 and 45 Broadway, utilise the roof space and read as 3 storey structures. Also, there is extant permission (05/2268/C) for a 3 storey structure, to accommodate 13no. flats, on the cleared parcel of land, opposite the site, on the corner of Broadway and Helen Place.
2.4 The ground floor of the adjoining premises at no. 68 Broadway is vacant, a flat is provided at first floor level. The units opposite the site, on the Broadway frontage, generally accommodate ground floor commercial uses with residential accommodation at first floor level.
2.5 An electricity substation, accessed via a side lane off Helen Place, is located at the rear of the site - this would be unaffected by the proposal. The rear lane separates the application site from the back gardens of houses at numbers 1 and 2 Helen Place.
3. SITE HISTORY
3.1 89/810/R – Small extension to public bar to accommodate pool table, permission granted: 13/06/89
3.2 08/2739/C – Demolish existing building and erection of 18no. apartments, approved by planning committee on 18/02/2009 subject to a S106 agreement – as yet, unsigned.
4. POLICY FRAMEWORK
4.1 National Planning Guidance Planning Policy Wales (2002) Planning Policy Wales TAN 12: Design (June 2009) Planning Policy Wales TAN 18: Transport Planning Policy Wales TAN 21: Waste
4.2 Adopted City of Cardiff Local Plan (January 1996): Policy 11: Design & Aesthetic Quality Policy 17: Parking & Servicing Facilities Policy 18: Provision for Cyclists Policy 19: Provision for Pedestrians Policy 31: Residential Open Space Requirement Policy 49: District and Local Centres
223 4.3 South Glamorgan (Cardiff Area) Replacement Structure Plan (1991-2011) H7: Enhancement and Conversion
4.4 Cardiff Unitary Development Plan: Deposited Written Statement (October 2003): Policy 2.20: Good Design Policy 2.21: Change of use or redevelopment to residential use Policy 2.24: Residential Amenity Policy 2.26: Provision of Open Space, Recreation and Leisure Policy 2.57: Access, Circulation and Parking Requirements Policy 2.74: Provision for Waste Management Facilities in Development
4.5 Supplementary Planning Guidance Access, Circulation and Parking Requirements (June 2006) Open Space (March 2008) Waste Collection and Storage Facilities (March 2007) Cardiff Residential Design Guide (March 2008)
5. INTERNAL CONSULTEE RESPONSES
5.1 Strategic Planning and Environment (Pollution Control) No objection subject to conditions and advisory notes relating to construction site noise, imported soils, and contaminated land.
5.2 Culture, Leisure and Parks (Parks Services) The proposed development is subject to Policy 31 of the Local Plan (open space). As no recreation/play space is being provided on-site, the developers will be required to make a financial contribution towards the provision of off- site open space or the improvement (including design and maintenance) of existing open space in the locality. The financial contribution being sought is £15,209.
5.3 Highways and Waste Management (Waste Management) The bin storage area shown on the submitted plans is noted but may not be large enough to accommodate the recommended provisions for 18no. flats. Bulk containers are specified for the development and these will need to be accessible by collection vehicles. The bin storage area should be sensitively designed in order to integrate with the existing built environment. The agent should be referred to the Waste Collection and Storage Facilities SPG.
5.4 Highways and Waste Management (Drainage) No objection in principle but details should be forwarded to Dwr Cymru Welsh Water.
5.5 Strategy and Enterprise (Transportation Policy and Development)
224 The application is considered to be acceptable subject to the applicant agreeing to provide a sum of £12,360, which would be used to secure improvements to existing bus stops on Broadway. Conditions are also recommended which would secure details of cycle storage facilities, and a construction management plan.
5.6 Strategic Planning & Environment (Natural Environment Group) Request that an advisory note is attached to any grant of planning permission in order to protect bats and their roots.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Western Power Distribution WPD have provided a plan, which shows electricity apparatus within the vicinity of the site. All WPD equipment should be assumed to be Live until WPD prove otherwise. Safe working practices should be adhered to when excavating on site in the vicinity of WPD equipment.
6.2 Welsh Water/Dwr Cymru No objection subject to conditions/advisory notes relating to the public sewerage system.
6.3 South Wales Police The Police note that crime is a problem in the area, particularly vehicle crime and anti-social behaviour. The Police consider that the scheme should accommodate more off-street parking in order to reduce the likelihood of residents becoming victims of crime. A number of other recommendations are made: the site should be well lit, conforming to BS5489, secure access control should be installed on the main pedestrian entrances, the cycle store and bin store should be secure, windows and doors should meet BS standards with windows fitted with laminated glass, door recesses should be no more than 600mm, and the rear courtyard area should be secured by a wall/fence of 1.8 m height with an enclosure installed on the front boundary.
6.4 Cardiff Bus No comments received.
7. REPRESENTATIONS
7.1 Local Members and neighbours have been notified, and the application has been advertised in the press and on site.
7.2 A resident at number 57 Helen Place has written to state that the development of the area is supported but concern is expressed about the lack of car parking facilities and the impact this may have on existing residents.
225
8. ANALYSIS
8.1 Outline application 08/2739/C, an application for 18no. apartments, was considered and approved - subject to the signing of a section 106 agreement, to secure financial contributions towards open space and public transport improvements - by planning committee on 18th February 2009. The legal agreement has yet to be signed but the principle of residential development of the site has nevertheless been established.
8.2 The proposed scale of development is considered acceptable and is similar to the previous outline application 08/2739/C. Application 08/2739/C involved a 3 storey building with an eaves height of approximately 8m, with a 10.8m ridge height; the scheme also proposed gable elements on both the Broadway and Helen Place elevations, the gables having with a ridge height of 9.5m. By comparison, the main building proposed in the current application is about 8m in height, with the maximum height of the gables at approximately 10.3m.
8.3 In terms of scale, it should be also noted that a residential development of 3 storey height (7.5m eaves height, 10.8m ridge height) was granted planning permission in July 2006 (permission 05/2268/C) on the cleared parcel of land (numbers 58-60 Broadway) opposite the application site - another end of terrace, “book-end” development.
8.4 It is considered that the proposed design and finish of the scheme - painted render gables interspersed with flat-roofed, timber clad elements - would, whilst representing a contemporary form of architecture and generating a visually interesting form of development, be a sympathetic addition to the existing built environment.
8.5 It is not considered that the proposal would result in any significant adverse amenity impact. On the south-east elevation, the building footprint extends to the existing rear lane but at this point, no window spaces are proposed so there would be no overlooking over the rear garden area of properties on Helen Place. An existing single–storey building extends fully across the rear of number 68 Broadway, which adjoins the site, so there is no concern about potential overlooking from the windows on the proposed north-eastern elevation.
8.6 The proposed scheme involves 4no. different design of 1no. bedroom flats. All the flats would provide an internal floor area of at least 30sqm, this is considered to represent a reasonable level of living area. The proposed layout of the scheme would ensure that each flat would have a reasonable outlook.
226 8.7 A rear amenity area is proposed, which would accommodate a small, informal, recreation area, cycle storage facilities, and refuse storage area. The rear amenity area provides a basic level of external amenity space but is similar to the level of amenity space proposed in the previous outline application (08/2739/C). The agent has been made aware of Waste Management’s concern about the scale of the waste refuge area and a condition has been recommended, which would secure additional waste storage details. The Transportation Policy section have requested that further details of the cycle storage area are secured by condition.
8.8 The comments of South Wales Police are noted. In terms of the lack of off- street parking provision, the Council’s Transportation policy section have reviewed the application and consider that it is acceptable, subject to securing a financial contribution towards public transport facilities. Further details in respect of the design of the bin enclosure and cycle storage area would be secured by condition, if permission is granted. The points made in relation to lighting, secure access and glazing standards would be dealt with by Recommendation 7. Finally, amended plans show a reduction in the depth of the door recesses on the pedestrian entrances on the Broadway and Helen Place elevations in order to accord with the advice of South Wales Police.
8.9 In terms of the comments of the resident at number 57 Helen Place, Transportation Policy note that there is no parking provision within proposed development but consider that, providing improvements to public transport facilities within the vicinity of the site are secured by a financial contribution, the proposal is unobjectionable.
Section 106
8.10 In terms of financial contributions: Parks Services have requested a sum of £15,209 to be put towards the provision of off-site open space or the improvement (including design and maintenance) of existing open space in the locality; Transportation Policy request a financial contribution of £12,360 towards the improvement of existing bus stops on Broadway. The agent has confirmed that the applicant is willing to pay the requested financial contributions prior to beneficial occupation of the scheme, via a Section 106 agreement.
8.11 It is recommended that planning permission be granted, subject to conditions and subject to the signing of an agreement under Section 106 of the Planning Act.
227 228 229 230 231 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/01301/C APPLICATION DATE: 23/07/2009
ED: PLASNEWYDD
APP: TYPE: Full Planning Permission
APPLICANT: Mr Watkins LOCATION: 209 CITY ROAD, ROATH, CARDIFF, CF24 3WA PROPOSAL: CONVERSION OF GROUND FLOOR TO RESTAURANT A3 AND NEW SHOPFRONT ______
RECOMMENDATION: That planning permission be REFUSED for the following reason:
1. The proposed change of use of the ground floor of the premises to a restaurant would add to the existing concentration of food and drink units in the City Road area, which would be likely to exacerbate problems of late-night anti-social behaviour, and crime and disorder, having a detrimental impact on public safety. The proposal, therefore, fails to accord with Welsh Office Circular 16/94 “Planning Out Crime” and paragraph 2.9.11 of the Ministerial Interim Planning Policy Statement 01/2008 “Planning for Good Design”.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application seeks planning permission for the change of use of a vacant ground floor shop no. 209 City Road, to provide a restaurant (A3) use. No takeaway facility is proposed.
1.2 The application also proposes a new shopfront, which would retain the 2no. entrances, as existing, to gain separate access into the proposed restaurant and the first floor residential accommodation, but the existing glazing would be replaced with folding windows. New stallrisers are also proposed.
1.3 The application form indicates that hours of opening would be 9am until 11pm, on each day of the week.
1.4 Pedestrian access into the restaurant would be off City Road, as existing. No car parking provision for customers is proposed.
1.5 The application is supported by a design and access statement, which states that design will accommodate the requirements of disabled and semi-ambulant
232 persons. The submitted floor plans indicate that level or ramped access would be provided from City Road with a door width of approximately 800mm. A ground floor disabled toilet is also shown on the ground floor plans.
2. DESCRIPTION OF SITE
2.1 The application site is a two storey terraced property, with a vacant shop at ground floor level, formerly the “Afro-Ethnic Continental” supermarket”, with vacant residential accommodation on the upper floors. The shop and the residential accommodation have separate entrances from City Road.
2.2 The application site is located in an uninterrupted frontage, nos. 199-229 City Road, which contains 14no. ground floor commercial units, including the Albany doctor’s surgery at no. 219 City Road. Two of these units are currently in A3 use: the adjoining premises at no. 207 City Road, “Sahara” coffee shop and takeaway, and no. 213 City Road, “Milgi” café. No. 215 City Road is occupied by the Park Conservative Club, and the remaining units accommodate shop (A1) and office (A2) uses.
2.3 The opposite frontage (216-232 City Road) contains 8no. ground floor commercial units, of which 5no. are in A3 use and no. 228, currently vacant, has permission for use as a restaurant/takeaway (permission 08/2772/C).
2.4 The frontage survey was undertaken on 6th August.
2.5 There is vacant residential accommodation above the application site and there appears to be residential accommodation in the upper floors of the adjoining premises - although the upper floor of no. 207 City Road currently appears vacant.
3. SITE HISTORY
3.1 98/1616/W Convert offices to provide counselling services. Permission refused: 26/02/99
4. POLICY FRAMEWORK
4.1 The site is located within the City Road area as defined by the City of Cardiff Local Plan Proposals Map.
4.2 The relevant policies in the City of Cardiff Local Plan Policies are :
Policy 17 – Parking and Servicing Facilities
Policy 20 – Provision for Special Needs Groups
233
Policy 26 – Conversion or Redevelopment of Residential Accommodation
Policy 40 – Development in City Road
4.3 The relevant policies in the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 are :
Policy MV11 – Parking
Policy MV13 – Equality of Access
4.4 The relevant policies in the Cardiff Unitary Development Plan Deposited Written Statement are :
Policy 2.24 - Residential Amenity
Policy 2.25 – Change of use of Residential Land or Properties
Policy 2.36 – District and Local Centres
Policy 2.57 – Access, Circulation and Parking Requirements
Policy 2.74 – Provision for Waste Management Facilities in Development
4.5 Cardiff Deposit Local Development Plan:
Policy HSC8 – District and Local Centres
4.6 Relevant National Planning Guidance:
Planning Policy Wales (March 2002)
Ministerial Interim Planning Policy Statement 01/2008 – Planning for Good Design
Tan 21 – Waste
Welsh Office Circular 16/94 – Planning Out Crime
4.7 Relevant Supplementary Planning Guidance:
“Restaurants, Takeaways and other Food and Drink Uses” (June 1996)
“Waste Collection and Storage Facilities” (March 2007)
234 “Access, Circulation and Parking Requirements” (June 2006)
5. INTERNAL CONSULTEE RESPONSES
5.1 Strategy and Enterprise (Transportation Policy and Development) No objection, subject to a condition to prevent takeaway sales.
5.2 Highways and Waste Management (Waste Management) A location for the storage and collection of waste and recycling must be shown on site plans, and section 106 funding is requested to secure the implementation of a recycling litter bin. The applicant should be advised that a commercial contract for the collection and disposal of all commercial wastes will be required.
5.3 Highways and Waste Management (Drainage) No comments received.
5.4 Strategic Planning and Environment (Pollution Control) No objection subject to conditions, which would: restrict opening hours to 08:00– 23:00, control delivery times to 08:00-20:00, control plant noise, and secure adequate kitchen extraction facilities.
5.5 Strategic Planning and Environment (Planning Policy) The application site falls within the City Road centre, as defined by the Local Plan (1996). The application should be assessed against policy 40 of the Local Plan which states that business, housing, shops and professional services will be favoured, and that food and drink uses will only be permitted where there would be no unacceptable adverse effect upon residential amenity, taking into account existing concentrations of such uses.
Supplementary planning guidance on ‘Restaurants, Takeaways and other Food and Drink Uses’ (June 1996) states that applications for new food and drink uses…are assessed specifically in relation to whether the proposal is likely to have a harmful effect upon nearby residents. In view of the existing numbers of food and drink outlets, especially takeaways, along this road, the opportunities to set up more or to extend the operations of existing premises are likely to be extremely limited.
LDP Policy HSC8 states that within District Centres, proposals for uses other than Class A1 will be permitted at ground floor level if they would not cause unacceptable harm to the predominant shopping role or the amenity of nearby residents.
235 Analysis
209 City Road is a single retail unit which is currently vacant. The property forms part of a frontage from 119 to 217 City Road. According to Strategic Planning’s latest monitoring (May 2009), if permission were to be granted there would be three A1 units, three A3 Units, one A2 unit and one D2 unit within this frontage. As such it is not considered that the proposed change of use would significantly alter the existing mix of facilities in the frontage.
The loss of an A1 unit does raise land-use policy concerns under Policy LDP Policy HSC8, in relation to the existing level and nature of non-shopping uses within the centre. However, these concerns are not significant enough to warrant an objection due to the fact that LDP Policy HSC8 is an emerging policy only. The Adopted Local Plan remains the principle development plan for determining planning applications and as such ‘City Road’ is addressed under Policy 40. As ‘City Road’ is not an identified ‘District’ or ‘Local Centre’ in the Local Plan, its level of retail protection is limited. Policy 40 does not specifically seek to protect the shopping role of City Road, rather it favours business uses, housing, shops and financial and professional services. As such, the main consideration in the determination of this application is the effect upon residential amenity, taking into account existing concentrations of A3 uses.
Providing all issues of amenity are addressed the application raises no land-use policy objections. However, it is worth noting that another take-away could be an unacceptable addition to the existing concentration within City Road and should therefore be considered thoroughly in the assessment upon residential amenity.
5.6 Strategic Planning and Environment (Licensing) The applicant should be aware that the application premises are located in the City Road/Crwys Road Special Saturation Policy Zone. Within this area, the Licensing Authority adopt a rebuttable presumption that applications for new Premises Licenses will normally be refused following relevant representations, unless the applicant can demonstrate in their operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.
6. EXTERNAL CONSULTEE RESPONSES
6.1 South Wales Police The South Wales Police Crime Prevention Design Advisor highlights the existing level of crime and anti-social behaviour in City Road and objects to the application on the basis that additional late-night food and drink premises in City Road, “…are likely to exacerbate the problems of anti-social behaviour and crime and have a detrimental affect on public safety”. He notes that “The police objection is based on evidence previously submitted to (the Council’s) Licensing Committee on 7/7/09, contained in the “Safer Capital Analysis of Crime in City Road/Crwys Road”, and that contained in the “Statement of Licensing Policy”,
236 Cardiff City Council 31/01/08 (as amended on 24/07/09)”.
The Crime Prevention Design Advisor also notes that existing parking restrictions would be problematic during daytime hours. If planning permission is recommended, he requests that all external doors and glazing be installed to meet adequate security standards, that CCTV is installed to cover public entrances, and that the rear yard is protected by a boundary wall or fence, at least 1.8m in height.
6.2 Welsh Water No objection subject to a condition, which would secure a grease tap to protect the public sewerage system.
7. REPRESENTATIONS
7.1 Adjoining properties and Local Members have been consulted and the application has been advertised on site and in the press.
7.2 Jenny Randerson AM has written to object to the application on the grounds that “City Road is in the middle of a densely populated residential area and the residents’ quality of life is constantly disturbed by the comings and goings of patrons of the large number of similar establishments situated along City Road. Parking provision is also at a premium and cannot meet existing, let alone additional, demands”.
8. ANALYSIS
8.1 The application proposes the change of use of the ground floor premises to restaurant use and also, a new shopfront. The proposed new shopfront, including folding windows, is considered acceptable. The proposed change of use of the application site to restaurant is discussed below.
Land Use Policy
8.2 The application site falls within the City Road area as defined by the City of Cardiff Local Plan. As such Policy 40 of the Local Plan applies and specifically states :
“Food and Drink Uses (Class A3) will only be permitted where there would be no unacceptable adverse effect upon residential amenity, taking into account existing concentrations of such uses, and subject also to considerations of scale, location, design and transportation.”
Further detailed guidance on amenity considerations is provided in the “Restaurants, Takeaways and Other Food and Drink Uses” SPG.
237 8.3 Land use policy advice, relating to the proposed change of use, is outlined in paragraph 5.5 of this report with the conclusion that, providing amenity issues are addressed, the proposal does not raise any land use policy objections.
Amenity Considerations
8.4 In terms of impact on residential amenity, it should be noted that Planning Inspectors have not necessarily been supportive of objections raised by the Council based on noise or smell nuisance. For example, the Inspectorate’s decision letter in respect of a change of use from retail to restaurant at no. 42 City Road (04/2762/C) states that residents in such a mixed use area cannot expect the same standards of amenity as those living in a wholly residential area. The Inspectorate has reached similar conclusions on appeals involving new food and drink uses at no. 222 City Road (03/2207/C), no. 159 City Road (03/1318/C), and no. 232 City Road (08/235/C). The Inspectorate has also recently allowed an appeal at no. 98-100 City Road (09/00092/C), an application for A3 use, which was refused by planning committee on 11/03/2009 on the basis that the proposed change of use would lead to an unacceptable concentration of food and drink uses, which would have a harmful impact on nearby residents.
8.5 The Pollution Control section has no objections to the proposal in terms of impact on amenity. Paragraph 4.7 of the “Restaurants, Takeaways and Other Food and Drink Uses” SPG does states that, “If the level of noise or smell likely to arise from a proposal is such that it would be difficult to resolve through measures outlined in paragraphs 4.5 and 4.6 (these paragraphs provide details of mitigation measures), and especially if residents live immediately adjacent, planning permission is likely to be refused on the grounds that the proposal would cause unacceptable nuisance to those residents.”
8.6 Pollution Control note that residential accommodation is located at first floor level above the application site and have requested that, should permission be recommended for the current application, conditions are attached in order to restrict late-night opening to 11.00pm each day, and to restrict delivery times to 08:00 – 20:00 hours. Conditions have also been suggested by Pollution Control in order to control any potential adverse amenity impact resulting from cooking smells and plant noise. Pollution Control consider that these mitigation measures, which would be secured by planning condition, will satisfactorily address any potential noise or smell nuisance.
Access
8.7 The submitted floor plans, and Design and Access statement, indicate that inclusive access would be accommodated: level or ramped access would be provided from City Road with a door width of approximately 800mm. A ground floor disabled toilet is also shown on the ground floor plans.
238
Crime and Disorder
8.8 Ministerial Interim Planning Policy Statement 01/2008 “Planning for Good Design” notes, in paragraph 2.9.11, that:
“Local authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. Crime prevention and the fear of crime are social considerations to which regard must be given by local planning authorities in the preparation of development plans, should be reflected in supplementary planning guidance, and may be material considerations in the determination of planning applications. The aim should be to produce safe environments through good design”.
8.9 Welsh Office Circular 16/94 “Planning Out Crime” is also relevant and, in paragraph 3 states, “Crime prevention is capable of being a material consideration when planning applications are considered”. The Circular advises that local planning authorities should consult police architectural liaison officers when determining planning applications.
8.10 In this case, the South Wales Police Crime Prevention Design Advisor has indicated that the level of crime and anti-social behaviour in City Road is an issue that causes concern to the Police. South Wales Police object to the application on the basis that the proposed restaurant, trading in the evening, would add to the existing number of food and drink premises in City Road - an area where there is already a significant concentration of A3 units. The Police consider that an additional late-night food and drink use is likely to exacerbate the existing problems of crime and anti-social behaviour in City Road, having a negative impact on public safety.
Licensing Saturation Policy
8.11 The comments of the Licensing officer are noted. The City Road/Crwys Road Special Saturation Policy Zone is a licensing policy, and has no weight in the determination of this planning application; the Police have made it clear that they object to planning permission for the proposed restaurant as the application site is in an area where there are many existing late-night food and drink uses, and where there are problems in terms of anti-social behaviour, crime, and public safety.
8.12 Representations
The objection raised by Jenny Randerson AM is noted. However, the Council’s Transportation Policy and Development group consider that the proposal does not raise any concerns in terms of parking; the existing on-street parking
239 arrangements are considered acceptable. In terms of general disturbance caused by patrons of food and drink premises in the area, the Council’s pollution control team consider that any adverse impact resulting from late night noise can be mitigated by controlling opening and delivery times.
Recommendation
8.13 Taking into account the objection of South Wales Police, it is recommended that planning permission be refused.
240 241 242 243 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/01370/C APPLICATION DATE: 03/08/2009
ED: CATHAYS
APP: TYPE: Variation of conditions
APPLICANT: Jurys Inn Group Limited LOCATION: THOMSON HOUSE, HAVELOCK STREET, CITY CENTRE, CARDIFF, CF10 1XR PROPOSAL: 250 BEDROOM HOTEL – (APPLICATION FOR VARIATION OF CONDITION 1C OF PLANNING PERMISSION 06/1385C TO ALLOW FOR A TWO YEAR EXTENSION TO THE TIMEFRAME WITHIN WHICH APPROVAL OF RESERVED MATTERS MUST BE APPLIED FOR) ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. A. Approval of the details of the design and external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the design and external appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the local planning authority and shall be carried out as approved.
C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of two years from the date of this permission.
D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.
Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B, C and D. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.
2. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and
244 for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases include landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas.
All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing.
Reason: To ensure that the safety of future occupiers is not prejudiced.
3. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.
4. Any soils or similar material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Reason: To ensure that the safety of future occupiers is not prejudiced.
5. No development approved by this planning permission shall be commenced until:
a) A desktop study has been carried out which shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information. And using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors has been produced.
245 b) A site investigation has been designed for the site using the information obtained from the desktop study and any diagrammatical representations (Conceptual Model). This shall be submitted to, and approved in writing by the LPA prior to that investigation being carried out on the site. c) The investigation must be comprehensive enough to enable a risk assessment to be undertaken relating to groundwater and surface waters associated on and off the site that may be affected, and refinement of the Conceptual Model, and the development of a Method Statement detailing the remediation requirements. d) The site investigation has been undertaken in accordance with details approved by the LPA and a risk assessment has been undertaken. e) A Method Statement detailing the remediation requirements, including measures to minimise the impact on ground and surface waters, using the information obtained from the Site Investigation has been submitted to the LPA. This will need to be approved in writing by the LPA prior to that remediation being carried out on the site. Reason: To ensure that the proposed site investigations and remediation will not cause pollution of Controlled Waters.
6. The development of the site shall be carried out in accordance with the approved Method Statement, required by condition 5. Reason: To ensure that the development complies with approved details in the interests of protection of Controlled Waters.
7. If during development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the LPA) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, an addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination will be dealt with. Reason: To ensure that the development complies with approved details in the interests of protection of Controlled Waters.
8. Upon completion of the remediation detailed in the approved Method Statement, required by condition 5, a report shall be submitted to the LPA that provides verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement. Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report. Reason: To protect the environment and prevent harm to human health by ensuring that the remediated site has been reclaimed to an appropriate standard.
246 9. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. Reason: To prevent pollution of the water environment.
10. Unless otherwise agreed in writing with the Local Planning Authority, a scheme of environmental highway improvements to Park Street, between its junctions with Havelock Street and Scott Road, is to be submitted and approved in writing by the Local Planning Authority prior to commencement of development. The scheme should include, but not be limited to, reconstruction / resurfacing of the footways and carriageway, including surfacing, kerbs, edging, drainage, etc., and the provision / renewal improvement of the street lighting, street trees, street furniture, etc. The agreed scheme shall be implemented to the satisfaction of the Council prior to beneficial occupation of the development, unless otherwise agreed with the Local Planning Authority in writing. Reason: To ensure the comprehensive enhancement / improvement of the adjacent public highway and public realm.
11. Unless otherwise agreed in writing with the Local Planning Authority, or the developer is implementing a scheme in respect of the above condition, a scheme of environmental highway improvements to Wood Street Lane, between its junctions with Havelock Street and Scott Road, is to be submitted to and approved in writing by the Local Planning Authority prior to commencement of development. The scheme may include, but is not limited to, reconstruction / resurfacing of the footways and carriageway, including surfacing, kerbs, edging, drainage, etc., and the provision / renewal / improvement of the street lighting and street furniture, etc. The agreed scheme shall be implemented to the satisfaction of the Council prior to beneficial occupation of the development, unless otherwise agreed with the Local Planning Authority in writing. Reason: To ensure the comprehensive enhancement / improvement of the adjacent public highway and public realm.
12. The development shall incorporate public art, which shall, unless otherwise agreed by the Local Planning Authority in writing, be in place before any dwelling is brought into beneficial use, in accordance with a scheme which has first been submitted to and approved by the Local Planning Authority.
247 Reason: To ensure that the development accords with policy 2.56 of the Deposit Cardiff Unitary Development Plan (October 2003) and the Council's adopted Public Art SPG.
13. Prior to construction work taking place on the site, a temporary hoarding shall have been erected on the perimeter of the site. The hoarding shall:
. be at least 2.4m high . prevent unauthorised access to the site . not have any protrusions or other features on its outside face which are likely to cause injury to members of the public . be capable of safely withstanding a horizontal imposed load of 3.0kN/m length (including site access gates and their respective ironmongery)
On "Millennium Stadium event days" (as defined by the Council's Safety Advisory Group and/or the Millennium Stadium Safety Officer) the clear width of egress routes from the north side of Park Street adjacent to Gate 5 of Millennium Stadium in the direction of Park Street/Westgate Street shall be no narrower than they were prior to the commencement of work. Reason: In the interests of public safety before, during and after events at the Millennium Stadium.
14. Details submitted in pursuance of condition 1, shall make provision for active ground floor uses to Park Street and Havelock Street. Reason : In the interests of urban design.
15. No development shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.
16. No development shall take place until details as to the provision within the site for loading, unloading and parking of vehicles have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.
248 17. Notwithstanding the submitted plans details of the servicing arrangements, including taxi arrangements, shall be submitted to and agreed with the Local Planning Authority prior to commencement of development and thereafter implemented in accordance with the approved plans. Reason: To secure an orderly form of development.
18. The hotel shall be constructed to achieve a minimum BREEAM (or subsequent equivalent quality assured scheme) overall ‘very good’ rating, unless otherwise approved by the Local Planning Authority. Reason: To ensure that the building is sustainable.
RECOMMENDATION 2: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: Prior to the offices being put into beneficial use, the recommendations in RPS's Flood Risk Assessment, "Proposed Development of Land off Park Street, Cardiff Version 1, Western Mail and Echo Ltd.", should have been implemented, including those on pages 17 and 18 of that assessment, and flood proofing and resilience measures, and a flood management plan which incorporates the Environment Agency flood warning system, should be in place.
RECOMMENDATION 5: The applicant is advised to submit a Travel Plan in association with the development. The applicant is also advised that the roads adjacent to the site are closed to vehicles during times of certain events at the Millennium Stadium and future occupants should be made aware of this constraint.
249 1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This application is made under S73 of the Town and Country Planning Act 1990. It seeks the variation of condition 1C of planning permission no. 06/1385C. Condition 1C of that permission allowed until 18th September 2009, for application for the approval of reserved matters to be made. The current application seeks the issue of a new permission allowing until 18 September 2011 for approval of reserved matters application to be made. In effect, it is an application to prolong the life of the original outline permission by two years. The applicant advises that the site has been sold to the Jury Hotels group but that, due to the current economic climate, this is not the time to proceed with the development. They intend to submit a detailed planning application for a hotel before September, 2011.
1.2 The original application, no. 06/1385C, was one of three, which proposed the redevelopment of Thomson House. It was intended to divide the Thomson House site into three comprising an office, a residential and a hotel development. That application was for outline planning permission to develop a 250 bedroom hotel at the east end of the site. The application was an outline. Siting and means of access were to be considered at the outline stage, but design, external appearance and landscaping were to be reserved matters.
1.2 Planning permission no. 06/1378C, for office development on the western part of the Thomson House site has been implemented.
1.3 The proposed thirteen storey building would be ‘L’ shaped and would wrap around a square garden, to its south-west. The hotel would incorporate bar and meeting room facilities. Its entrance would be from Havelock Street.
1.4 The illustrative drawings, submitted with application no. 06/1385C, showed that the second to seventh floors would each accommodate 27 bedrooms, that the smaller, ninth and tenth floors would each accommodate 15 bedrooms, and the eleventh to thirteenth, 12 bedrooms.
1.5 No on-site car parking is proposed. It is intended that servicing would take place from Park Street. A taxi lay-by in Havelock Street, outside the proposed entrance was shown on the streetworks plan which was the subject of planning application no. 06/1378C (for the Wales Media offices).
1.6 The current application is accompanied by a Design and Access Statement. The DAS identifies design principles, and deals satisfactorily with access issues. A BREEAM ‘Very Good’ rating is expected.
2. DESCRIPTION OF THE SITE
2.1 The site is roughly rectangular, and has an area of 0.16 hectares. Until recently, it was occupied by the front part of, and entrance to, the former Thomson House, and its forecourt.
250 2.2 The western end of the former Thomson House site has been redeveloped as offices. The application site has frontages to Havelock Street and Park Street, and to the un-named lane between it and St. David’s House, in Wood Street.
2.3 The site is surrounded by buildings which are higher than Thomson House. To its south is the five/six storey St. David’s House. To its west, across a vacant site, is the new Media Wales building. To its north and north-west is the Millennium Stadium, which has a main entrance onto Park Street. Also to the north of the site is BT’s multi-storey Stadium House. To its north-east are the former Law Courts, a five storey stone faced Grade II Listed Building. On the east side of Havelock Street is the 13 storey Southgate House.
2.4 Havelock Street is busy, and well used by buses. Scott Road and Park Street carry little vehicular traffic, but significant pedestrian traffic, when major events take place at the Millennium Stadium.
3. SITE HISTORY
3.1 The site has been used for the production of newspapers, and for related offices, for many years.
3.2 Outline planning permission no. 06/1385C was granted on 18 September 2006. It allows the development of a 250 bedroom hotel. Condition 1(c) of the permission requires application for the approval of reserved matters to be made within 3 years (i.e. by 18 September 2009).
4. POLICY FRAMEWORK
4.1 The following policies of the City of Cardiff Local Plan are relevant:-
9 Development in areas at risk of flooding 10 Contaminated or unstable land 11 Design and aesthetic quality 12 Energy efficient design 16 Traffic calming 17 Parking and servicing facilities 18 Provision for cyclists 19 Provision for pedestrians 20 Provision for special needs groups 35 City Centre Principal Business Area 46 Hotel development
4.2 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant:
2.20 Good Design 2.31 Central and Waterfront Business Areas 2.55 Public Realm Improvements 2.56 Public Art
251 2.57 Access, circulation and parking 2.62 Flood risk 2.63 Contaminated and unstable land 2.74 Provision for waste management facilities
4.3 The City Centre Strategy, the Public Art SPG, and the Tall Buildings SPG.
4.4 TAN12 – Design, TAN 15 – Development and Flood Risk and draft TAN 22 – Sustainable Buildings.
5. INTERNAL CONSULTEE RESPONSES
5.1 The Strategic Planning Manager considers the following policies to be relevant, (as with application no. 06/1385C).
(i) Planning Policy Wales (WAG March 2002) Cardiff Unitary Development Plan to 2016 (Deposit) City Centre Strategy (2003 – 2006) South Glamorgan (Cardiff Area) Replacement Structure Plan City of Cardiff Local Plan (Adopted Jan 1996) Open Space SPG (June 2000) Cardiff Public Art Strategy (2005) Public Art SPG (June 2006)
(ii) His advice is as follows:-
(a) The site is within the City Centre Principal Business Area but outside the Principal Shopping Area as defined in the adopted City of Cardiff Local Plan. The site also falls within the Central Square area of the approved City Centre Strategy; a key aim of which is “to bring forward opportunities for the regeneration of the area, through a major mixed-use redevelopment and refurbishment of existing buildings, sustaining the area’s important office role and encouraging residential, hotel and associated retail uses” (14.3.1). The proposal can be viewed as significantly contributing towards this objective. (b) Policy 46 of the adopted Local Plan favours hotel development within the Principal Business Area subject to detailed considerations of scale, location, design, amenity and transportation being acceptable. The Local Plan goes on to say that the conversion of existing properties to hotels contributes to the range of accommodation available for tourists and other visitors to the City and are most appropriately located on main roads into the city and close to tourist or business areas. (c) This is a large scale proposal, in a strategically important location. The change and intensification of use would place increased pressure on the surrounding public realm. Policy 2.55 of the UDP seeks contributions to improve the public realm
252 where the need arises as a result of proposed development. Further to this the development will need to demonstrate how it would continue to facilitate improvements to the quality of the environment (CCS 14.3.5). In this respect, it is acknowledged that detailed plans have been submitted as part of the office application (06/1378/C) which details a comprehensive scheme of public realm enhancements surrounding the site (Drawing No. A-09). The scope and quality of the works are supported from a Strategic Planning (Regeneration) Perspective and it is suggested that conditions be imposed to ensure the works surrounding the application site are carried out to that effect. (His observations on the amended proposals for Park Street will be reported at Committee). (d) Given the prominent location of the site it is appropriate to consider the introduction of public art elements in line with the Deposit UDP (Policy 2.56), the Public Art Strategy and the adopted Public Art SPG. The Planning and Design Statement states that Public Art is to be incorporated within the office development (06/1378/C) and will take the form of a Red Dragon. The actual design and materials of this artwork will be determined by an appointed artist. He recommends that conditions be imposed to ensure the provision of appropriate Public Art.
5.2 The Operational Manager, Transportation, has no objection.
6. EXTERNAL CONSULTEE RESPONSES
6.1 The Environment Agency considered the Flood Risk Assessment, which was submitted with application no. 06/1385C, and found it to be acceptable. They have no objection to the current application.
7. REPRESENTATIONS
7.1 The agent advised, in connection with the three previous applications for the redevelopment of the Thomson House site, that:
(i) The reason for submitting three separate applications resulted from the necessity for phased redevelopment of the site. Specifically, there was a requirement to develop the office proposals in advance of the other elements to allow continuous occupation by the Western Mail and Echo. The residential and hotel elements were to be developed by different contractors, but it was anticipated that they would be pursued concurrently.
(ii) The three applications were supported by a Flood Risk Assessment, a Wind Environment Study, an Air Quality Assessment and a Transport Statement, all of which are available for inspection. Important points, from these documents, include:
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(a) Flood risk - not considered to be at serious risk from tidal or fluvial flooding; - negligible to low risk of surface flooding from surrounding surface/foul drainage network.
(b) Wind - no significant impact on wind conditions within the site and in surrounding areas. - moderate beneficial impact on the pedestrian level wind environment to the north-east of the site.
(c) Transport - this is a highly accessible and sustainable location; - during major events (approximately 24 times per year) at the Millennium Stadium, local streets are closed to traffic and (non emergency) vehicular access to and from the application site is not possible.
8. ANALYSIS
8.1 Application no. 06/1385C was screened. The site is too small to fall within Schedule 2 of the EIA Regulations, so no statement was, nor is, required.
8.2 It is unfortunate that, following the demolition of Thomson House, only the Wales Media office development has taken place. However, it is hoped that the remainder of the former Thomson House site will be redeveloped in the near future. Planning considerations and policies have not changed in a manner which means that the life of the previous permission should not be prolonged.
8.3 It remains the view that the scale and form of the proposed hotel are considered to be acceptable, given the larger and taller buildings around the site. The building should present a strong frontage to Park Street and Scott Road, enhancing the street environment. It would be close to the old head post office listed building, on the corner of Westgate Street and Park Street but it is not considered that it need seriously block the view, or adversely affect the setting, of that building. Because the proposed building would be over 8 storeys high it would be a tall building, for the purposes of the Tall Buildings SPG. Taking account of the criteria in the SPG, this is considered to be an appropriate site for the proposed building.
8.4 It is recommended that, outline planning permission be granted, as requested by the applicant, with a new condition 1C, which allows an extra two years for the submission of application for approval of reserved matters. Condition 13 of planning permission no. 06/1385C is no longer recommended, because it related to Thomson House demolition issues, and the demolition has already taken place. A clause which related to demolition in the previous condition 14, and which is no longer pertinent, has been removed from the new condition 13 (the former condition 14).
254 Taking into account that the DAS indicates that a BREEAM ‘very good’ rating is expected, and the term of the draft TAN 22 – Planning for Sustainable Buildings, an additional condition to ensure that such a rating is likely to be achieved is recommended. It is recommended that permission be re-issued with the above changes.
255 256 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/1232/E APPLICATION DATE: 16/07/2009
ED: RUMNEY
APP: TYPE: Full Planning Permission
APPLICANT: Mr Kash Amin LOCATION: 826 NEWPORT ROAD, RUMNEY, CARDIFF, CF3 4LH PROPOSAL: PROPOSED CHANGE OF USE OF SHOP FROM TYPE A1 TO A3 FOR USE AS FISH AND CHIP SHOP TAKE-AWAY & NEW SHOPFRONT ______
RECOMMENDATION: That planning permission be GRANTED subject to the following conditions :
1. C01 Statutory Time Limit
2. F7Q Kitchen Extraction
3. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 2330 and 0900 Monday to Saturday and at any time on Sundays and Bank Holidays Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected
4. H7G Plant Noise
5. This consent relates to the application as supplemented by the information contained in the e-mail and plan no. 2009/03-02 submitted on 2nd September 2009. Reason: The information provided forms part of the application.
6. A scheme of sound insulation works to the floor/ceiling structure between the ground floor and 1st floor residential accommodation shall be submitted to and agreed by the Local Planning Authority in writing and implemented prior to occupation Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected
7. Prior to beneficial use of the premises for the purposes hereby approved a suitable grease trap shall be provided to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment of such content; and such a grease trap shall be so maintained at all times thereafter Reason: To protect the integrity of the public sewerage system.
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8. Prior to the commencement of development details of external security measures (including lighting and CCTV) shall be submitted to and approved by Local Planning Authority. The approved measures shall be implemented prior to the beneficial occupation of the building and shall be retained at all times thereafter Reason: In the interests of security and crime prevention.
9. No development shall take place until details of a litter bin to be sited outside of the premises have been submitted to and approved by the Local Planning Authority. The bin shall be implemented prior to the beneficial use of the premises and shall be retained at all times thereafter Reason: To protect the amenities of the area.
10. E7S Details of Refuse Storage
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Planning permission is sought for the change of use of an existing Class A1 shop (motor car accessories) to a class A3 take-away use and the erection of a new shopfront at 826 Newport Road, Rumney.
1.2 It is proposed that the opening hours of the business will be from 11.30am to11.30pm, Monday to Saturday (closed on Sundays and Bank Holidays).
1.3 The new shop-front entails moving the position of the door from the middle of the unit to the western edge constructed out of aluminium and painted black. The agent has confirmed that it is proposed to use the existing approved roller shutter (app 96/1605/R), repainted black to match the new shopfront.
1.4 The agent has submitted details showing the proposed fume extraction unit to be inserted into existing chimney and exiting within the chimney or to a flue attached to the chimney.
2. DESCRIPTION OF SITE
2.1 The site is a single commercial unit, currently used for the sale of car accessories. It lies within the Rumney Local Centre (see plan) (818-834 (evens) Newport Road).
2.2 The unit is located within a parade of nine shops. The building itself is two storeys high with residential accommodation in the first floor and roofspace and with commercial units on the ground floor. The parade contains a mixture of Class A1 and A2 uses, there are currently no Class A3 uses within the parade. There are residential properties to the rear of the site in Linden Grove.
258 3. SITE HISTORY
3.1 96/720/R – Retention of shopfront – roller shutters. Withdrawn
3.2 96/1605/R – Roller shutter doors, shopfront. Approved
3.3 04/457/R – Alterations to existing building to raise height and renew roof. Approved
4. RELATED SITE HISTORY
4.1 06/1428/E – 759 Newport Road, Proposed Change of use of property from shop unit (A1) to hot food takeaway (pizza) (A3). Proposed new shopfront. Refused for the following reasons;
i) The proposal would be contrary to the provisions of the approved Supplementary Planning Guidance on Restaurants, Takeaways and other Food and Drink Uses and policies 2.24 (residential amenity) and 2.64 (air, noise and light pollution) of the Deposit Cardiff Unitary Development Plan (October 2003) in that it would be detrimental to the amenities of nearby residential occupiers by reason of noise and potential smell nuisance.
ii) The proposal would result in the loss of a Use Class A1 (Shops) unit to a non shopping use within the Newport Road local centre and, as a result, would lead to an over concentration of Use Class A3 (food and drink) and other non-shopping uses within this part of the local centre. This would harm the predominantly shopping role of the centre and undermine the vitality and viability of the shopping frontage and therefore would be contrary to the provisions of Policy 49 of the City of Cardiff Local Plan.
The application was subsequently allowed on appeal, subject to conditions
5. POLICY FRAMEWORK
5.1 The application is within an existing local shopping centre as indicated on the Proposals Map of the City of Cardiff Local Plan. Relevant policies of the Local Plan include:
Policy 49 (District and Local Centres)
5.2 The Council has resolved that in addition to extant development plans, the Deposit Cardiff Unitary Development Plan (October 2003) should be taken into account in development control decisions.
5.3 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are considered to be relevant to the proposal:
Policy 2.24 (Residential amenity)
259 Policy 2.36 (District and Local Centres)
5.4 The following policies of the Deposit Cardiff Local Development Plan (April 2009) are considered to be relevant to the proposal:
Policy SP2 (High quality sustainable design) Policy HSC8 (District and local centres) Policy SD5 (air, noise and light pollution) TRANS 4 (Impact on transport networks and services)
5.5 The Local Plan Supplementary Planning Guidance Restaurants, Takeaways and other Food and Drink uses (June 1996) is also relevant to the determination of this application
6. INTERNAL CONSULTEES RESPONSES
6.1 The Operational Manager Environment and Public Protection (Pollution Control) has no objections to the proposal. However, he advises that conditions should be imposed in respect of: (i) opening hours (ii) plant noise (iii) kitchen extraction (iv) delivery times (v) sound insulation
6.2 The Operational Manager, Transportation states that for a hot food takeaway use the availability of adequate kerbside space to accommodate short stay parking by customers is required. As such parking is readily available a service road fronting the premises, he advises that he would have no adverse comments
6.3 The Strategic Planning Manager (Land use policy) states that the application site falls within the Rumney local centre, as defined by the Local Plan. The application should be assessed against policy 49 of the Local Plan, the aim of which is to protect the predominant shopping role of the centre, and the vitality and viability of its shopping frontages.
The shop is currently in A1 use, occupied by a company selling car accessories. Applications involving the loss of existing A1 uses are generally resisted in land use policy terms, as it could be argued that the loss of shop uses would have a detrimental impact upon the shopping role of the centre. However, it is acknowledged that the primary function of district and local centres is the retailing of convenience goods, and that the loss of a car accessories shop is unlikely to cause significant harm to the ability of the centre to meet local shopping needs.
The District and Local Centre Floor-space survey indicates that the unit falls within a frontage of 9 shops, of which 6 are in A1 use and 3 are in service use. There are no A3 uses within the frontage, so it is not considered that the proposal would lead to an over-concentration of such uses. The frontage
260 contains a good mix of shopping uses at present, including a pharmacy, newsagent and bakery
Paragraph 4.11 of the SPG states that it is important that uses are open during the day when they can contribute to the daytime activity and vitality of the area. Although the preferred occupier would be one that was open for the majority of normal shopping hours (taken to be 8am to 6pm), it is acknowledged that the proposed opening hours (mon-sat 11.30am-11.30pm) would generate footfall for a large part of the day
It is not considered that this application would have such a detrimental impact upon the shopping role of the centre, or the vitality and viability of the frontage, that a refusal of planning permission could be justified
6.4 Operational Manager, Waste Management – comments that the current plans detailing refuse storage and collection are acceptable. He advises that a recycling litter bin, should be located in the vicinity of the premises in order to reduce the potential impact of litter nuisance
7. EXTERNAL CONSULTEES RESPONSES
7.1 South Wales Police Crime Reduction Officer states that the premises is located in a block of commercial shops on Newport Road and has safe but limited parking outside the premises. Recent crime date suggests that crime in the area is average. The levels of burglary and anti social behaviour are considered high, with levels of vehicle crime, robbery and violent crime considered to be average
He recommends that a number of external and internal security measures be implemented including laminated windows and doors, cctv system, security lighting and a monitored security system
7.2 Welsh Water advises that the developer should provide a suitable grease trap to prevent entry of such matter into the public sewerage system
8. REPRESENTATIONS
8.1 The proposal was advertised by site notice, the consultation period expired on the 19th August 2009.
8.2 Cllr Ireland objects to the proposal for the following reasons :
i) the area has a number of existing hot food takeaway uses ii) the proposal may lead to late night problems
8.3 Neighbours have been consulted. Twelve letters and e-mails have been received from the occupiers of 818,822,824 and 836 Newport Road, 2,3,4,10,11 and 13 Linden Grove, 15 Llanrumney Avenue and from the Rumney Community Development Association objecting to the proposal for the following reasons:
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i) there are several existing fast food/takeaway establishments in the surrounding area (as evidenced by the number of leaflets/flyers) and there is no need for any further such establishments ii) loss of existing shopping facilities in the area iii) increase in litter iv) parking problems v) increase in noise/disturbance vi) smells from cooking of food; and vii) increase in anti-social behaviour and youth annoyance
9. ANALYSIS
9.1 The main issues are land use policy, highways safety and parking provision, the proposal’s impact on the amenities of neighbouring occupiers
9.2 The site is within a designated Local Centre. It is noted that, although there a number of Class A3 uses within the designated Rumney Local Centre, there are none in this parade.
9.3 The Strategic Planning Manager (Land use policy) has no objections to the proposal in terms of the loss of existing Class A1 premises (See paragraph 6.3).
9.4 The Operational Manager, Transportation has no objections to the proposal as there is an existing service road with on-street parking facilities. (See paragraph 6.2).
9.5 The Operational Manager, Environment and Public protection advises that he has no objection to the proposal, subject to appropriate conditions. Furthermore the SW Police Crime Reduction Officer does not object to the proposal, subject to condition 8
9.6 The design of the proposed new shop-front is considered to be acceptable
9.7 In respect of a similar recent proposal for Class A3 use within the Rumney Local Centre it should be noted that application 06/1428/E at 759 Newport Road was allowed by the Planning Inspectorate on appeal, following refusal of planning permission by the Local Planning Authority. (The Local Planning Authority’s reasons for refusal are stated in paragraph 4.1). The application was for the change of use of the ground floor unit to a hot food takeaway selling pizzas. The property is sited in a parade of shops with residential accommodation above and to the sides. The Inspector, in his decision to allow the appeal made the following comments :
“It is generally accepted that modern extraction systems can effectively control cooking odours and I see reason as to why that would not apply in the circumstances of this case”
“………. I acknowledge the primary function of district and local centres and
262 note that the MIPPS seeks to retain an adequate level of provision of food shopping. In this respect 29% of the units in the parade and 14.6% of the units in the Rumney local centre are currently convenience goods shops, which compares very favourably with the national average of 9.09%. Furthermore, allowing the appeal would result in the total number of comparison and convenience businesses being the same as it was 10 years ago. It is also of significance that dismissing the appeal would not necessarily result in the appeal premises being occupied by a further convenience goods business.”
“The frontage already includes a range of different types of A3 uses in the form of a Chinese takeaway at No 753B, a café/takeaway at No 755 and an Indian restaurant/takeaway at nos 777-79. Although the two bakers at 767 and 773 sell pizza slices that is very much an ancillary role and both fall into Use Class A1. Three further A3 uses are found in the centre in the form of an Indian takeaway and 2 public houses. As the appeal proposal relates to a type of A3 use not currently catered for in the centre, it would add to the range and choice available and it would be flanked by A1 retail units to both sides. I am, therefore, of the view that the proposal would not represent an over- concentration of a single use in the frontage or the centre”
“An interested person noted that there are around 33 hot food takeaways in the surrounding area, including a pizza takeaway and questions the need for the proposal. However Local Plan policy 49 is concerned specifically with the designated centres, not the surrounding areas and the MIPPS states that consideration of the need for additional provision is not a matter that should be taken into account when proposals for uses best located in centres come forward.”
9.8 In regard to the objections received to this current application, it is noted that;
i + ii) See paragraph 6.3 (iii) See paragraph 6.4 and condition 9 iv) See paragraph 6.2 v+ vi) See paragraph 6.1 vii) The SW Police Crime Reduction Officer raises no objections to the proposal in regards to anti-social behaviour, subject to condition 8.
9.9 In light of the appeal decision at 759 Newport Road (app 06/1428/E) and the advice of the Strategic Planning Manager, the Operational Manager Transportation and the Operational Manager Environment and Public Protection, it is recommended that planning permission be granted, subject to appropriate conditions
263 264 265 266 COMMITTEE DATE: 16/09/2009
APPLICATION No. 09/1265/E APPLICATION DATE: 21/07/2009
ED: TROWBRIDGE
APP: TYPE: Full Planning Permission
APPLICANT: Hendre Housing Association LOCATION: WOODCROFT CENTRE, ABERGELE ROAD, TROWBRIDGE, CARDIFF, CF3 1RS PROPOSAL: DEMOLISH EXISTING CENTRE AND CONSTRUCTION OF 60 BED CARE HOME AND 15 CLOSE-CARE FLATS ______
RECOMMENDATION 1 : That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 8.12 of the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following conditions::
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans numbered 2911_PA_03A, 10A, 12A, 14A, 16A and 21A attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.
4. The refuse storage facilities hereby approved shall be provided before the development is brought into beneficial use and retained thereafter. Reason: To secure an orderly form of development and to protect the amenities of the area.
5. Any topsoil (natural or manufactured), subsoil, aggregate (other than virgin quarry stone) or recycled aggregate to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall
267 be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.
6. 3 no. car parking spaces shown on the approved plans shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway.
7. C3S Cycle Parking
8. The existing access to Abergele Road shall not be used and shall be permanently closed before the development is brought into beneficial use. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.
9. E1B Samples of Materials
10. The 1.5 metre high steel weld mesh fencing adjacent to the boundaries with 14 – 18 Gwbert Close shall be replaced with a 1.8 metre high solid timber fence. All other means of site enclosure shown on drawing no. 03A shall be constructed in accordance with the details hereby approved prior to the development being put into beneficial use. Reason: to ensure that the amenities of the area are protected.
RECOMMENDATION 2 : Bats often roost in houses and other buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. They must be given reasonable time to advise as to whether the works should be carried out and, if so, the method to be used. This legislation does not apply to bats in the living area of a dwelling-house.
If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately.
For buildings other than a dwelling-house, no works of site clearance, demolition or construction should take place unless a licence to disturb these species has been granted in accordance with the relevant legislation.
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The Cardiff office of CCW can be contacted at :
Unit 7, Castleton Court Fortran Road St Mellons Cardiff CF3 0LT Tel : 02920 772400 Fax : 02920 772412
For further advice on bats please contact :
The Bat Conservation Trust Unit 2, 15 Cloisters House 8 Battersea Park Road London, SW8 4BG Tel : 02920 7627 2629 Fax : 020 7627 2628
RECOMMENDATION 3 : To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 4 : The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
269 RECOMMENDATION 5: That the applicant be advised to secure the consent of the Operational Manager, Street Operations prior to undertaking any works in the public highway in relation to the construction of the new access and the re-instatement of the existing redundant access as footway.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Full planning permission is sought for the demolition of the existing centre and the construction of a 60 no. bed care home and 15 no. close care flats on the site of the existing Woodcroft Care Centre, Abergele Road, Trowbridge.
1.2 The agent’s design and access statement submitted with the application advises that, although being purpose built in the 1970s, its facilities do not meet current environmental and space standards for care homes and the elderly.
1.3 The new three-storey care home would comprise the following:
(i) It would be sited approximately 2.5 metres closer to Abergele Road than the existing building; (ii) A single-storey frontage along Glan-y-Mor Road which would be set back 3 metres from the footway; (iii) The southern frontage facing Trowbridge Infant School would be part single-storey and part three-storey and would be set 5 metres from this boundary. The three-storey element on this southern boundary would be approximately 38 metres long (the existing two-storey building is approximately 26 metres long facing the school and is also located further to the west); (iv) The building would be sited approximately 1 metre below Abergele Road and 2.3 metres above Trowbridge Infant School; (v) A single-storey element to the west elevation would allow light to reach the internal courtyard, which is an important feature for the care and treatment of the residents. (vi) The north, east and part of the southern elevation comprise three- storeys. (vii) A ‘tower’ has been incorporated into the submitted design at the corner with Glan-y-Mor Road/Abergele Road to strengthen the building’s position in the streetscene and mark the transition between the three- storey element along Abergele Road and the single-storey frontage to Glan-y-Mor Road. (viii) The three-storey frontage contains projecting gable features with flat roof elements hidden within the development.
1.4 In addition to the new care home, 15 no. (1 and 2 bedroom) close-care self- contained flats in one three-storey building are proposed, which would also include a communal lounge/dining room and an IT room. These facilities would provide more independence than the care home but still provide an element of care, which would be determined through an assessment of each resident’s needs. This building comprises the following features:
270 (i) Frontage directly onto Abergele Road; (ii) Sited at the east end of the site, set back approximately 3 metres from the footway with a distance of 24.5 metres being retained with the dwellings opposite; (iii) Sited approximately 1 metre below Abergele Road and 1 metre above the dwellings on Gwbert Close to the rear; (iv) A pitch roof with gable end elevations and 4 no. projecting gables fronting onto Abergele Road.
1.5 Access to both buildings would be off Abergele Road. 21 no. parking spaces including 2 no. disabled spaces would be provided, together with 2 no. cycle stands.
1.6 A transport statement and travel plan, bat survey report and design and access statement have been submitted with the application.
1.7 The submitted plans show that 6 no. existing trees would be felled to facilitate the development, with 11 no. new trees being introduced, together with additional shrub planting and grassed areas. A landscape scheme for the internal courtyard to the care home has also been submitted. An amended landscape scheme for the remainder of the site, including the frontages to Abergele Road and Glan-y-Mor Road and the boundary with Trowbridge Infants School, is awaited.
2. DESCRIPTION OF SITE
2.1 The site comprises the existing Woodcroft Centre and an area of vacant land at the junction with Glan-y-Mor Road. A number of community facilities are located in the vicinity, including the New Bridge Inn Public House and St. John Lloyd Church to the west, Trowbridge Infant School Immediately south of the site, and a health centre immediately east. The north and south east comprise residential development comprising two-storey dwellings (although three- storey flats are located nearby).
2.2 The site was partially levelled when the original care home was built in the 1970s, resulting in the existing care home being set down from the footway along Abergele Road. The site is approximately 2 metres above the level of Trowbridge Infant School and 1 metre below Abergele Road.
2.3 A mature tree of amenity value is prominently sited at the junction with Glan-y- Mor Road. 4 no. existing trees are sited along the frontage with Abergele Road and the street frontages are landscaped with a grass verge.
3. SITE HISTORY
1.1 94/1674/R: Permission granted in November 1994 for UPVC conservatory to the existing care home.
271 4. POLICY FRAMEWORK
4.1 The site is identified as existing housing on the Local Plan Proposals Map.
4.2 The following policies from the City of Cardiff Local Plan (January 1996) are of relevance to the determination of this application:
11 Design and Aesthetic Quality 12 Energy Efficient Design 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups
4.3 The following Policies from the deposit Unitary Development Plan (October 2003) are also of relevance:
2.20 Good Design 2.24 Residential Amenity 2.45 Trees, Woodlands and Hedgerows 2.57 Access, Circulation and Parking Requirements
4.4 The following policies from the deposit Local Development Plan (April 2009) are relevant:
SP1 Sustainable Development Principles SP2 High Quality, Sustainable Design SP4 Transportation SP11 Waste SP12 Planning Obligations SD1 Sustainable Design SD2 Sustainable Drainage HER4 Trees, Woodlands and Hedgerows HSC10 Community Safety/Creating Safe Environments TRANS3 Access, Circulation and Parking TRANS6 Developer Contributions for Transport WASTE2 Provision for Waste Management Facilities in Development
4.5 The following Supplementary Planning Guidance documents are relevant:
Access, Circulation and Parking Requirements (June 2006) Residential Design Guide (March 2008)
5. INTERNAL CONSULTEES RESPONSES
5.1 The Strategic Planning Manager (Design) welcomes the proposal, concluding that they would introduce a higher quality design to this 1960’s local authority estate, complementing the redevelopment of the nearby Trowbridge shopping centre. He considers that the proposed built form will provide a strong
272 frontage to Glan-y-Mor Road and the amended plans showing additional articulation and detailing to the corner element at the junction are satisfactory in this regard. He considers that the three storey massing and change of footprint to Abergele Road is acceptable given the elevated position of residential properties to the north of the site and the width of Abergele Road. Concerning the single-storey element to Glan-y-Mor Road, he considers that this provides limited opportunity for the enclosure and surveillance of the street frontage on this side of the development however he notes the requirement for such a design to reflect principles of ‘design for dementia’ guidelines and to allow for the ingress of sun-light into the internal courtyard.
5.2 The Operational Manager, Transportation, being mindful of the nature of the proposed use, is satisfied that the parking provision is adequate to serve the needs of staff and visitors. He also notes that there appears to be adequate provision made for an ambulance to be able to enter and manoeuvre within the site. He therefore has no objection subject to conditions retaining the proposed parking and the re-instatement of the existing, redundant car park access as footway. He also suggests a second recommendation advising the applicant of the need to secure the consent of the Operational Manager, Street Operations prior to undertaking any works within the adopted highway in relation to the construction of the new access and the re-instatement of the existing redundant one. Finally, In line with current policy, he requests a contribution of £6,240, secured via a Section 106 agreement, towards public transport enhancement to enable bus boarders to be installed at 2 adjacent bus stops.
5.3 The Strategic Planning Manager (Trees and Landscaping) notes that no tree assessment has been carried out, and the design has been developed on the assumption that all existing trees may be removed. He considers that this conflicts with policy and guidance protecting trees, especially that which seeks to ensure that appropriate trees can grow on to maturity.
5.4 He notes that there will be a loss of trees on the site which includes a tree to the prominent corner with Glan-y-Mor Road. On balance, he considers that the landmark elements included in the design of the building and the proposed replacement planting will beneficially replace the local value of these trees, however the loss of all existing trees on this site remains a concern and it is therefore important that a deliverable high quality landscaping scheme is agreed to off-set this loss (including planting along the school boundary) prior to determination of the application.
5.5 He notes the indicative landscaping shown on the submitted plans, including new trees but details have not been submitted to specify the soft landscaping and demonstrate that it can be successfully implemented. He considers that further details of the proposed landscaping should be submitted to include: • A plan showing the locations of all planting and seeding areas, their relation to buildings and hard surfaces, and the locations of all existing and proposed services below and above ground levels; • Species and planting specifications for shrubs and herbaceous plants, showing numbers and / or planting densities;
273 • Species, sizes, planting details, and methods of mulching and staking of all trees; • Proposals for aftercare.
5.6 The Operational Manager, Drainage Division, has no objection in principle. However he advises, where ground conditions are suitable, that surface water should be drained via sustainable drainage techniques.
5.7 The Operational Manager, Waste Management is satisfied with the plans for refuse storage. He advises that it should be sensitively integrated within the building design and bins should be enclosed and obscured from view.
5.8 The Strategic Planning Manager (Ecology) requests that an advisory note regarding bats be attached.
5.9 The Operational Manager, Environment (Pollution Control) has no objection however he recommends conditions relating to the importation of soil and/or aggregates and additional recommendations relating to construction site noise and an advisory notice regarding contamination and unstable land.
5.10 The Chief Culture, Leisure and Parks Officer has no comments, given that the proposals relate to the provision of a care home and close care flats.
6. EXTERNAL CONSULTEES RESPONSES
6.1 Welsh Water has no objection subject to conditions.
6.2 The South Wales Police Architectural Liaison Officer has no objections. However he has made detailed comments in respect of design features required to achieve ‘secured by design’ status. These include boundary enclosures, lighting, surveillance, landscaping, refuses storage, external door requirements, access control, windows, and security cameras.
7. REPRESENTATIONS
7.1 Local Members have been consulted on the proposals and any representations will be reported to Committee.
7.2 The proposals were advertised in the press and on site as a major development. The consultation period expired on 21 August 2009.
7.3 Neighbours have been consulted. No representations have been received.
7.4 The Cardiff and Vale Coalition of Disabled People queries whether there is satisfactory provision for the needs of disabled people by way of access, circulation and services within the scheme.
274 8. ANALYSIS
8.1 This application has been submitted following a number of pre-application meetings with the local planning authority. The original submission has been submitted in response to these discussions.
8.2 The demolition of the existing care home on the site would be necessary in order to accommodate the proposals. There is no objection to the demolition of this building and the principle of an new and improved care home facility, including a close-care block of flats, subject to detailed considerations.
8.3 The care home would be significantly larger than the existing care home, increasing the number of storeys from two to three. Members can compare the existing and proposed footprints on the attached location plan. The increase in height and footprint size requires a careful assessment of the impact upon the existing neighbouring properties and the visual appearance of the street scene.
8.4 The attached elevations and sections show that the proposed building would be set down from Abergele Road and a satisfactory distance (approximately 24.5 metres) with the two-storey dwellings opposite would be retained. The southern elevation facing Trowbridge Infant School would result in a three- storey element being introduced along a new part of the boundary. Although the finished ground floor level would be approximately 2.3 metres above the school and habitable rooms would overlook the site from less than 10 metres, it is noted that this part of the school grounds provides a service access and the main playing areas are located further to the south beyond the school building. It is also noted that habitable rooms on the existing building are sited even closer to the school boundary (approximately 3.2 metres) and the submitted details show significant new tree planting along this south boundary. On balance, the proposed relationship with the school is considered to be satisfactory.
8.5 Officers originally held concerns regarding the single-storey nature of the proposals to the entire west boundary facing Glan-y-Mor Road as this was perceived to be a significant frontage requiring a strong urban form to re- enforce the building’s position. However, it was established during pre- application discussions with the local planning authority that the single-storey element to this boundary was required to enable natural light to enter into the internal courtyard, which is an important requirement for care standards. The amended plans show the creation of a 3.5 metre high garden wall to this frontage, which is considered to be a satisfactory compromise.
8.6 The amended submission also includes the creation of a three-storey ‘tower’ at the corner which is considered to be an important design feature of the scheme, providing a transition between the three-storey frontage along Abergele Road and the single-storey garden wall.
8.7 Overall the design and appearance of the care home is considered to be acceptable. Gable features to the frontage along Abergele Road with flat roof
275 elements hidden within the building, and the varied use of brick and render finishes provides a strong frontage to the scheme which is important given its prominent siting within the street scene. The siting of the care home in relation to the site boundaries is considered to be acceptable.
8.8 The proposed close-care block of flats reflects the design and appearance of the care home design, being sited in line with this frontage on Abergele Road and introducing gable features to the frontage, with the same use of materials. The design and appearance is considered to be satisfactory.
8.9 The close-care flats propose habitable rooms to the east elevation face the existing health centre. This is considered to be satisfactory. The south elevation facing towards rear gardens of properties on Gwbert Close retains a distance of approximately 21.5 metres which meets current standards.
8.10 The submitted proposals have included a landscape scheme detailing trees to be removed and replacement planting. The Strategic Planning Manager (Trees & Landscaping) has noted the submitted details. However he wishes to be satisfied that the scheme can be successfully implemented (see paragraphs 5.3 – 5.5). The existing trees on the site at the corner with Glan-y- Mor Road and along the frontage with Abergele Road are important trees of amenity value and it is important that the new landscaping scheme adequately compensates for their loss. An amended submission is expected to be received prior to Committee.
8.11 The proposed parking and access arrangements are considered to be acceptable, as advised by the Operational Manager, Transportation (see paragraph 5.2).
8.12 In line with current policy the Operational Manager, Transportation has advised that the applicants should contribute £6,240 towards public transport enhancement to enable bus boarders to be installed at two adjacent bus stops. This would be secured through a Section 106 Agreement and the agents have confirmed their client’s willingness to enter such an agreement.
8.13 The amended proposals are considered to consist of a positive design and layout that would strengthen the visual appearance of this part of Abergele Road and Glan-y-Mor Road whilst also providing improved care facilities, which are urgently required. It is recommended that planning permission be granted subject to the completion of a Section 106 Agreement and the receipt of a satisfactory landscaping scheme to compensate for the loss of existing trees on the site.
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