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Application for a Non-Material Amendment to Remove Conditions Relating to the Code for Sustainable Homes

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Application for a Non-Material Amendment to Remove Conditions Relating to the Code for Sustainable Homes Submission Draft 16/6/17 Application for a non-material amendment to remove conditions relating to the Code for Sustainable Homes. Conditions 6, 7 and 8 of outline planning permission 11/0380/PA. Tynewydd, Blaneffos, Boncath, Pembrokeshire. SA370HZ. For Mr Geraint Williams Llyr Evans Planning Ltd. Chartered Town Planner. BSc (Hons), MSc, MRTPI 07966 450243 Llyr Evans Planning Ltd. Company [email protected] Registration No. 091226087 Director- Llyr Evans (MRTPI). Llantood Farm, Cardigan, Pembrokeshire. SA43 3NU. 1 Application 1.1 This application is for a non-material amendment, to remove conditions relating to the Code for Sustainable Homes. The application does not need to be accompanied by a Design and Access Statement as it relates to development that is not a major development and is not in a designated are (Section 9 of the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016. 1.2 This statement has been prepared by Llyr Evans BSc, MSc, MRTPI (Director) Llyr Evans Planning Ltd. appointed by Mr Geraint Williams. The statement is based on information supplied by the applicant and other consultants associated with the project. 1.3 The application includes: Supporting Statement, Non-Material Amendment Application Forms, Approved plans, SAP Calculation information A planning application fee of £95.00 will follow. 2 Applicant 2.1 Mr Geraint Williams, Ty Newydd, Blaenffos, Boncath, 3 The site 3.1 The site is located within a cluster of dwellings located between Crymych and Blaenffos. The site forms part of a former small farmyard which consists of a two storey dwelling and two stone barns. 4 The Proposal 4.1 Outline planning permission for a dwelling was granted on 7th September 2011 under reference 11/0380/PA and the reserved matters were approved 7th July 2015 under 14/0498/PA. 4.2 Development was commenced in 2014 through the alteration of the access and construction of the slab of the dwelling. It has however come to light that condition 7 of the outline consent 11/0380/PA does not appear to have been discharged prior to commencement of development. Whilst it is contended that this condition and associated conditions do not go to the heart of the consent, and therefore the development has been formally commenced, in the interest of clarity, the applicant is seeking formal removal of conditions 6, 7 and 8 of the outline consent. 5 Consultation and Collaboration 5.1 The proposal has been discussed with Andrew James, Building Control Officer and Ceri Jones, Planning Officer- Team Leader, discussions were generally positive and supportive of the approach of this application. 5.2 The SAP Calculations under the Building Regulations 2014 have been prepared by David Heneker of Helyg Energy Services. 5.3 Bell Designs have provided the plans that accompanied the original application. 6 Discussion and Justification 6.1 The application seeks to remove conditions no.6, 7 and 8 of outline permission 11/0380/PA. At the time of granting the outline planning permission, Welsh Assembly Government’s Technical Advice Note (TAN) 22 (Planning for Sustainable Buildings) outlined the requirements for new dwellings to be constructed in accordance with the Code for Sustainable Homes. 6.2 In light of the updated Building Regulations which came into force on 31st July 2014 and on issuing Technical Advice Note 12 (Design), TAN 22 was cancelled on 31st July 2014 as the energy performance of building would be governed by the most recent Building Regulations. 6.3 The applicant has prepared new Standard Assessment Procedure (SAP) calculations under the 2014 Building Regulations which ensure that the building has a sustainable building fabric and dwelling emission rate which would be on par with the requirements of the Code for Sustainable Homes. Andrew James, Building Control Officer has confirmed that the building would comply with Approved Document Part L1A of the Building Regulations (2014). 6.4 In terms of the test for non-material amendments, outlined in Welsh Government, Planning Guidance, Approving Non-Material Amendments to an existing planning permission (July 2014); the scale and character of the scheme would remain unchanged and there would be no different, or greater impacts as a result of the development and no third parties would be affected or disadvantaged by the development. 6.5 In light of the intention to construct the dwelling to accord with Approved Document Part L1A (2014) of the Building Regulations, and the submitted SAP Calculations confirm this fact, it is not considered that the amendment would conflict with national or Local Development Plan for Pembrokeshire (2013) policies. Furthermore, the amendment would not conflict with any other conditions on the outline (11/0380/PA) or Reserved Matters (14/0498/PA) decisions. 6.6 Whilst the Code for Sustainable Homes requirements would be removed, the amendment would accord with the energy hierarchy included in Technical Advice Note (TAN) 12 (Design) (March 2016) and Policy GN.2 (Sustainable Design) of the LDP by reason of the SAP Calculations that accord with Part L1A of the Building Regulations 2014. The upgraded thermal efficiency of the building would be achieved through the addition of insulated plasterboard to the internal face of the walls and through improving the U values of the windows and doors, reducing energy demand and using energy efficiently as advocated in the energy hierarchy outline in TAN 12. The applicant would be willing to accept a condition referring to the SAP calculations submitted if considered necessary by the LPA. 7 Conclusion 7.1 The thermal efficiency and fuel conservation of the building would accord with Approved Document Part L1A of the Building Regulations which came into force on 31st July 2014. As such, the removal of the Code for Sustainable Homes requirements, condition 6, 7 and 8 of outline permission 11/0380/PA would not conflict with national or local planning policies. The removal of the conditions is therefore not considered to be material to the development or permission. As such, it is respectfully requested that the non-material amendment be approved. .
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