AGENDA ITEM NO. 3(d)
PLANNING COMMITTEE
21ST JUNE 2006
PLANNING APPLICATIONS UNDER THE
TOWN AND COUNTRY PLANNING ACT 1990
AND ASSOCIATED LEGISLATION APPLICATION NO. LOCATION PAGE NUMBERS
PREFACE ITEM Land adjacent to Old Mill House, 1-12 Draethen, Newport.
P/04/1500 Glan y Nant, Draethen, Lower Machen, 68-73 Caerphilly.
P/05/1100 Machen Quarry, Lower Machen, Machen, 238-254 Caerphilly.
P/05/1330 Gwerthonor House, Vere Street, Gilfach, 13-18 Bargoed.
P/05/1471 Cwmcarn High School, Chapel Farm, 74-78 Cwmcarn, Newport.
P/05/1533 Land at Gypsy Lane, Penrhos, Caerphilly. 19-25
P/06/0045 Old Palace Cinema and 75, 75a, 75b, 75c, 79-85 76, 77 Tredegar Street, Risca, Newport.
P/06/0046 Old Palace Cinema and 75a, 75b, 75c, 232-237 Tredegar Street, Risca, Newport.
P/06/0077 Land adjacent to St. Lukes Church, 26-33 Abercarn, Newport.
P/06/0125 Land at Manmoel Road (Mill House), 86-91 Croespenmaen, Crumlin.
P/06/0203 49 High Close, Nelson, Treharris. 92-95
P/06/0228 Sunrise House, The Countryman Hotel, 96-101 Bedwellty, Blackwood.
P/06/0237 Plot 2, Development behind Chez Nous, 192-196 Newbridge.
P/06/0277 Land opposite April Cottage, White Hart 102-105 Drive, Machen, Caerphilly.
P/06/0280 The Countryman Hotel, Bedwellty, 34-42 Blackwood.
P/06/0391 Land to the rear of Brynview Avenue, 106-111 Tredomen, Ystrad Mynach, Hengoed.
P/06/0393 4 The Pier, Blackwood. 112-116
P/06/0411 Land at Newbridge Road Industrial Estate, 117-122 Pontllanfraith, Blackwood.
P/06/0443 Norgine Ltd., New Road, Hengoed. 123-129
P/06/0451 Plot 1 (No. 4), Kingswood Close, 130-136 Hengoed.
P/06/0455 36 Bailey Street, Deri, Bargoed. 43-46
P/06/0457 Land adjacent to B4600, Penrhos, 197-204 Caerphilly.
P/06/0460 5 Commercial Street, Aberbargoed, 137-140 Bargoed.
P/06/0470 9 Troed y Bryn, Penyrheol, Caerphilly. 205-208
P/06/0473 32-43 Wellington Way, Rhymney, 47-52 Tredegar.
P/06/0497 Station Garage, High Street, Blackwood. 141-144
P/06/0499 64 Park Place, Risca, Newport. 145-148
P/06/0507 Land rear of High Street, Blackwood. 209-215
P/06/0508 The Inn on the Park, Fields Park, 53-57 Newbridge.
P/06/0512 Land within curtilage of 1 Penallta Villas, 58-61 Ystrad Mynach, Hengoed.
P/06/0516 Gwaun Gledyr Uchaf, Penrhos, Nantgarw, 149-152 Caerphilly.
P/06/0517 Cwmfelinfach Primary School, King 216-219 Street, Ynysddu.
P/06/0518 Crumlin High Level Primary School, 220-223 Commercial Road, Crumlin.
P/06/0531 New Deri Service Station, Bailey Street, 153-158 Deri, Bargoed.
P/06/0532 Ysgol y Lawnt, Surgery Hill, Station 224-226 Road, Rhymney, Tredegar.
P/06/0540 Land situated at Hafodyrynys Bank, adj. to 159-162 A472 between Hafodyrynys & Pontypool.
P/06/0553 Land adjacent to Haulwen Road, 62-67 Penpedairheol, Hengoed.
P/06/0566 Abingdon Flooring Limited, Penyfan 163-166 Industrial Estate, Crumlin.
P/06/0567 Forward House, Western Industrial Estate, 167-171 Caerphilly.
P/06/0568 Plot 4, Penrhiw, Oakdale, Blackwood. 172-175
P/06/0575 87 Millbrook Road, Pontllanfraith, 176-180 Blackwood.
P/06/0580 Dwr Cymru, Welsh Water Reservoir, off 181-187 Bryn Road, Blackwood.
P/06/0592 Cwmcarn Scenic Drive, Forest Drive, off 227-231 Twyncarn Road, Cwmcarn.
P/06/0595 Land adjacent to Moriah Heights, Hill 188-191 Street, Rhymney, Tredegar.
PREFACE ITEM PREFACE ITEM
APPLICATION NUMBER: P/05/1256
APPLICANT(S) NAME: Mr. & Mrs. P. Verallo,
PROPOSAL: Erect detached house and detached garage
LOCATION: Land adjacent to Old Mill House, Draethen, Newport.
The application was originally presented to the Planning Committee at the meeting held on the 25th January, 2006 (copy of original report is attached as an Appendix). At that time Members resolved to defer the proposal for the completion of a Section 106 Agreement for the payment of a £5,000.00 contribution to highway improvements. The agreement is currently being progressed and consent has not yet been issued.
As part of the processing of the application the comments of the Environment Agency (Wales) were pending. They originally indicated that part of the proposed dwelling and some of the site curtilage were within a C2 flood risk area.
As such the house was moved southwards into the plot, resulting in the loss of the detached garage.
In surveying the site however there were constructional difficulties in the revised location and consequently the applicant’s agent entered into discussions with the Environment Agency (Wales) regarding a move back to the original location on the basis that Agency’s flood defence plan when properly surveyed excludes the house as now shown.
The Agency has written to the Department confirming the point that the dwelling now lies adjacent to the C2 flood zone and no objection is raised. They also wish for an amended plan to be submitted which excludes any part of the curtilage from the C2 Zone.
The applicant has subsequently provided this amended plan.
As a result of this situation the applicant now wishes to replace the previously submitted location plan with the amended one recently agreed with the Environment Agency (Wales).
In this regard, letters have been sent out to the two residents who had objected to the application based on its original location, which is almost identical to that now proposed. At the time of writing the report no further comments have been received. Any which are submitted, will be reported verbally to Committee.
It would be reasonable to assume however that the comments originally submitted by the neighbours in respect to the earlier location of the dwelling remain relevant. These were reported to committee but not analysed as the revised location to the south of the plot remained their base. Cont….. Application No. P/05/1256 Continued.
Bearing in mind the location now proposed the previous objections remain, and require to the addressed. These objections are as follows:-
1. The dwelling is sited to create maximum impact on the surrounding properties. 2. The vegetation screen on the northern boundary should be retained. 3. The new dwelling is of a height, that will have an adverse impact on the amenity of a dwelling located to the east. 4. The house would devalue the heritage of the building.
1. In response to the first of these point the new house would be a minimum of 30 metres from the nearest houses (excluding the applicant’s own house i.e. The Old Mill House).
Bearing in mind the distance concerned it is not accepted that the impact on the nearest dwellings is unreasonable. It should be acknowledged that no one has a right to view under the legislation, and on its own it cannot be included as a material consideration in the processing of this matter.
The submitted plans do show an element of cut and fill associated with the development. It may therefore be pertinent to add a condition confirming the impact of the structure in respect to its surroundings by way of cross sections.
2. The vegetation screen along the northern boundary between the new house and the small Westbury Homes development no longer forms part of the application site area and is therefore outside the scope of consideration of this submission.
3. The height of the building is an issue that has been partly addressed in the response to the first reason for objections i.e. the cut and fill element requires the imposition of a condition in respect to the house vis-a-vis its surroundings. With regard to the design of the house itself it is considered to be a reasonably sized plot at this location and is therefore acceptable.
4. The house design proposed is considered to be one which pays regard to its setting and the character of its surrounds. The condition regarding finishes will ensure that it conforms to the Draethen Conservation Area Design Guide and will enhance the village rather than “devalue” it.
The return to the previous identified location also raises two other issues. The first is the garage, which is positioned centrally in the plot. The previously revised siting of the house meant that the garage would have been removed from the development. It can however now be returned to the scheme. Therefore a condition requiring elevational drawings should be added to cover this reinstated aspect.
Secondly the Environment Agency (Wales) in their letters agreeing to the re-positioning of the house requested that a condition be imposed requiring a suitable standard septic tank be submitted and porosity tests be required to confirm that soakaways are acceptable in order to prevent pollution of the water environment. Cont….. Application No. P/05/1256 Continued.
As the consent notice has not yet been issued by the Council, as the Section 106 Agreement has not been completed it is considered proper to reconsider this proposal in the light of the revised discussions between the applicant, your officers and the Environment Agency (Wales). In the circumstances it is recommended that the application be approved by the addition of the three conditions indicated as necessary in this report and the variation of Condition (10) of the attached report to replace the amended application site plan of the 11th January, 2006 by the revised drawing submitted on the 10th May, 2006.
Recommendation
Application P/05/1256, which was reported to the Planning Committee at the meeting held on the 25th January, 2006 and which currently stands deferred whilst awaiting the completion of a Section 106 Agreement shall be amended so that the consent when issued shall read as follows:-
(A) Condition (10) of the report shall read as follows:-
This permission shall relate to the amended application site plan submitted on the 10th May, 2006 and the internal layout and elevational plans submitted on the 15th August, 2006.
(B) Three further conditions will be imposed and will comprise Condition Nos. 12, 13 and 14.
Condition (12) will read as follows:-
“Prior to development commencing full elevational drawings of the garage element of the proposal shall be submitted and agreed in writing with the Local Planning Authority. Thereafter the garage shall be constructed in accordance, with these agreed drawings.”
Condition (13) will read as follows:-
“Prior to development commencing cross-sectional drawings relating to the slab level of the dwelling to the surrounding properties shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter the building will be constructed in accordance with those agreed levels.
Condition (14) will read as follows:-
Prior to the development commencing details of the septic tank to deal with the foul drainage and the soakaway system to be employed shall be submitted and agreed in writing with the Local Planning Authority. The development shall be drained in accordance with the agreed scheme.
The reasons for the conditions are:-
Cont….. Application No. P/05/1256 Continued.
(12) In the interests of visual amenity and to preserve and enhance the development in the Draethen Conservation Area. (13) To ensure that the dwellings slab level is agreed and established in respect to its surroundings. (14) To prevent pollution of the water environment.
SCHEDULE 1
OUTLINE APPLICATIONS Code No. and Name and Address of Applicant Description and location of date received proposed development
P/04/1500 Mr. C. Hicks, Erect new dwelling at Glan y Nant, 20/09/04 Glan y Nant, Draethen, Lower Machen, Draethen, Caerphilly. Lower Machen, Caerphilly.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The proposal is for a new dwelling on land within the curtilage of an existing dwelling called Glan y Nant, which is located fairly centrally in the village of Draethen.
Development: The application is for a two-storey dwelling with a rectangular footprint to be sited to the west of the existing property.
The house is designed with gables above first floor windows, which is a feature of dwellings in this area.
The property has four bedrooms on the first floor and a playroom in the attic space. On the ground floor it has a living room, dining room, lounge, kitchen/family room and a utility room and w.c. A small porch is also located on the front elevation.
The plot would be accessed from the existing driveway and junction with the public highway, which runs through the village. The new dwelling would also take over the existing garage.
Dimensions: The plot itself has a width of 36 metres, and a depth of 22 metres. It is fronted by the public highway and backs onto a stream along its rear boundary. The dwelling has a footprint of approximately 100 square metres and is rectangular in shape.
As part of the application it is proposed that the existing dwelling shall be served from a new access, which is located fairly centrally in the existing curtilage of Glan y Nant.
Glan y Nant currently has a road frontage of approximately 63 metres; this will be reduced to roughly 27 metres should the development proceed.
Materials: The building is to be finished in smooth render and will have sandstone quoins on its corners; the roof is to be covered in small brown tiles.
The site is located inside the historic village core within the Draethen Conservation Area.
PLANNING HISTORY
The planning history of relevance relates to two planning applications submitted in the early 1990s. Cont….. Application No. P/04/1500 Continued.
These are as follows:-
Reference No. Description Decision Date 5/5/90/0474 Erection of two dwellings within the curtilage Refused 11/12/90 of Glan y Nant. 5/5/91/0100 Erection of a single dwelling within the Refused 11/04/91 curtilage of Glan y Nant.
Both these proposals were refused by the former Rhymney Valley District Council. The second one, which is almost identical to the current site, was appealed to the Welsh Office against the grounds that it constituted unjustified development in the open countryside and would result in a significant intrusion into the landscape particularly in an area of special landscape value.
The Inspector dismissed the appeal and accepted the Council’s argument in respect to the impact on the character of the village.
POLICY
The site is covered by the Adopted Mid Glamorgan Structure Plan (1989) there is no adopted Local Plan for this area.
Section 54A of the Planning Act requires that determination shall be made in accordance with the development plan unless material considerations indicate otherwise.
Bearing in mind the fact that the structure plan was adopted in 1989 the main material consideration of relevance here is the Council Approved Unitary Development Plan, which was approved in 2003.
Policies of relevance to this proposal are as follows:-
• Policy LC9 Adopted Structure Plan – Landscape Protection. • Policy DC2 Council Approved Unitary Development Plan – Settlement Boundary • Policy C2 Council Approved Unitary Development Plan – Infill Development in the Countryside. • Policy C13 Council Approved Unitary Development Plan – Trees, Woodlands and Hedgerows. • Policy C12 Council Approved Unitary Development Plan – Special Landscape Areas. • Policy HE4 Council Approved Unitary Development Plan – Conservation Areas.
Also of relevance are the Draethen Conservation Area Design Guide and the Supplementary Planning Guidance “Building Better Places to Live.”
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No. Cont….. Application No. P/04/1500 Continued.
CONSULTATION
Dwr Cymru/Welsh Water raise no objection but make a number of comments on drainage matters which they require to be passed on to the developer.
Environment Agency (Wales) raises no objection to the proposal but requests that advice be passed on to the applicant/developer regarding watercourse maintenance and the requirements of the Land Drainage Act 1991. It is also recommended that the slab level is set 600mm above locally determined flood levels.
Chief Environmental Health Officer has no adverse observations to make on this proposal.
Chief Engineer (Highways) raises objection to this proposal on the basis that the site lacks sufficient frontage to provide adequate vision splays for vehicles emerging from it.
Chief Engineer (Drainage) makes a number of comments on drainage matters, which are required to be passed onto the developer or be subject of a condition attached to any consent granted.
Glamorgan Gwent Archaeological Trust indicates that they have no recognised archaeological features within the site area.
Draethen Community Council has made no comments on the proposal.
ADVERTISEMENT
(a) Extent of advertisement: The site has been advertised by way of site, press and direct neighbour notification letters.
(b) Response: No response has been received to this consultation exercise.
E.U. HABITAT DIRECTIVE
The site forms part of the manicured curtilage of the garden of Glan y Nant. The proposal is not considered to affect any protected wildlife species.
ANALYSIS
In considering this proposal due regard has been paid to the following matters:-
1. Site history 2. Policy considerations 3. Design issues 4. Consultation responses
Cont….. Application No. P/04/1500 Continued.
1. With regard to the first of these points the planning history shows that the site has been the subject of refusals in the past for residential development. The most recent being an outline application which was refused in 1991 and taken to appeal (Code Ref. No. 5/5/91/0100).
In his decision letter the Planning Inspector dismissed the appeal on the basis that it would be “inappropriate to the character of the village” to allow a new dwelling to be sited there and its impact on landscape views from Rudry Road.
He did not feel that it was a matter of the design of a dwelling at this location but the principle of whether a dwelling should be sited there.
The Inspector’s decision is obviously a material consideration in the determination of this proposal.
If circumstances have remained unchanged then the land use rationale employed by the Inspector to support the case originally put forward by the former Rhymney Valley District Council remains valid.
In this regard there has been a considerable change in policy documents since that time with the advent of the Council Approved Unitary Development Plan and the Draethen Design Guide, which now provides a much clearer basis for decisions on such applications to be taken.
Also the village itself has changed in appearance since that time with the redevelopment of existing sites such as the timber yard, the kennels and the market garden. The historic core of the village is now more compact than at the time of the previous refusal resulting in an Inspector decision.
As such it is not considered that the planning history provides a concluding and reasoned justification to refuse this proposal.
2. That reasoning was based on a policy contained in the Mid Glamorgan Structure Plan (i.e. Policy LC9 – landscape protection). It is therefore relevant to assess whether or not the policy content has changed thereby allowing a reassessment of the proposal in the light of current Council Approved Unitary Development Plan policies. If there is no change a decision must be made in accordance with Section 54 of the Act.
The Unitary Development Plan policies of relevance are considered to be:-
• HE4 – Conservation Areas • Policy C12 – Special Landscape Areas • C13 – Trees, Woodlands and Hedgerows • Policy LDP1 – of the the Draethen Conservation Area.
Cont….. Application No. P/04/1500 Continued.
With regard to HE4 the wording of the policy is as follows:- Development will only be permitted in Conservation Areas “where it preserves or enhances the character and appearance of the area.”
In this respect the proposal now represents a small-scale infill development on a small site largely surrounded by existing development. Its design is of general acceptance as its impact on the setting of the Conservation Area and on the Special Landscape Area in which it is located. As such Policies HE4 and C12 are considered to be satisfied. Whilst the requirements of Policy C13 can be addressed by way of a condition requiring the re-alignment of the hedge which runs along the frontage of the site. This hedge has recently been inspected and it does not contain any species which preclude its removal, and therefore this is not sufficient reason to refuse permission. On this basis Policy C13 is satisfied.
3. In the circumstances it is not considered that there is now a policy reason to object to this application. The infill nature of the proposal along with its general design which when complied with the use of conditions in respect to issues such as finishes to the property, minor modifications to the design of the roof and the re-alignment of the hedge along the roadway will ensure the property’s acceptability in this regard.
4. With regard to the consultation responses it is evident that the majority of those consulted raise no objection to the application with the exception of the Chief Engineer (Highways) who considers that in the light of the information provided inadequate vision splays in both directions are all that can be achieved.
He states that the required visibility splays would be 2.4m x 90m towards the village and 120m in the other direction for the new dwelling. Even if all the trees and hedges presently forming the road frontage were removed the best visibility that can be achieved using the existing access would be 2.4m x 59m towards the village (i.e. to the east). As such the proposal fails on highway safety grounds.
RECOMMENDATION that Permission be REFUSED
The reason for the Council’s decision is:-
The site lacks sufficient frontage to provide adequate visions splays for vehicles emerging from the site, to the detriment of highway safety and contrary to Policy DC1 of the Council Approved Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/05/1100 Hanson Quarry Products Extend existing quarry, 27/07/05 Europe Limited, continuation of quarry workings, Area Office, related processing of minerals and Canal Road, production of concrete at Machen Cwmbach, Quarry, Lower Machen, Machen, Aberdare. Caerphilly.
APPLICATION TYPE: MINERAL APPLICATION
SITE AND DEVELOPMENT
Site description including area and locality: Machen Quarry is a long, narrow limestone quarry set in the south–west facing slopes of Mynydd Machen. Operations are believed to have commenced in the late 19th century and today the quarry is managed by Hanson Aggregates Ltd. Access to the Quarry is directly from the A468 Newport to Caerphilly Road. Machen is also the only rail- linked quarry in South Wales. Products include rail ballast, crushed stone, coated roadstone and ready mix concrete.
The quarry is set on the edge of a residential area. The working faces have moved progressively away from the houses and are now in an area of countryside with scattered farmhouses.
Location: Machen Quarry lies on the eastern edge of the settlement of Machen immediately adjacent to the county borough boundary with Newport County Borough Council. The application area encompasses the existing quarry workings together with an extension area to the north-east.
Development: The application relates to the continuation of quarry operations within the existing area, extension of quarrying operations in an area to the north east of the quarry and associated operations such as processing of minerals, manufacture of coated roadstone and ready mixed concrete and use of the rail head.
Dimensions: The total area of the application site covers approximately 67 hectares. The proposed extension area is approximately 8.2 hectares of which 5.6 hectares would be for extraction of stone.
Ancillary development, e.g. parking: Processing and sale of limestone, ready mix concrete plant, coated roadstone plant, rail head, offices and car parking.
PLANNING HISTORY Reference No. Description Decision Date Mon.C.C. 2641 Win and Work minerals (17.5ha) Mon.C.C. 3652 Extraction of dolomitic limestone (7.6ha)
Cont…. Application No. P/05/1100 Continued
5/5/78/1803 Extension to quarry (0.8ha). Approved 27.04.79 5/5/80/0559 Extension to quarry. Approved 14.10.80 5/5/89/0989 Quarrying of limestone etc. Approved 22.08.90 P/97/0489 Notification of ready mix concrete plant Approved 14.07.97
POLICY
(a) Site Allocation
(b) Development Plan: There is no specific allocation in the Mid Glamorgan Structure Plan.
Council Approved UDP: M6(1) Mineral safeguarding area.
(b) Policies:
Development Plan: Policies M1 (phased working, restoration and aftercare of mineral working), M6 (extension of existing quarries), M7 (presumption against new limestone quarries) and M17 (adequate supply of aggregates) in the Mid Glamorgan County Structure Plan 1989 are relevant.
Council Approved UDP: The following policies are relevant: M1 (contribution to need for minerals) and DC1 (development control criteria), C11(150) (site of interest for nature conservation), C 12(13) and C12(14) (special landscape areas).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? Yes
Was an EIA required? Yes
CONSULTATION
Environment Agency (Wales) does not object to the proposed development but has raised concern regarding several issues including the potential loss of flow in the River Rhymney and River Ebbw catchment areas and loss of spring and surface water flows. Conditions are recommended to deal with water quality aspects of the development.
Chief Environmental Health Officer has no objection to the proposed development in principle.
Countryside Council for Wales comments that the proposed development has the potential to have both direct and indirect impacts on the foraging habitats of protected species including bats and reptiles (slow worm and common lizard), adjacent sites of Importance for Nature Conservation and Local Biodiversity Plan species, in particular breeding bird species (Skylark and Song Thrush). CCW has no objection in principle to the application subject to appropriate mitigation measures being carried out as identified in the ecology and nature conservation report (appendix 2) produced as part of the application. Cont…. Application No. P/05/1100 Continued
Health and Safety Executive have no objection to the proposed development.
Chief Engineer (Highways) has no objection in principle subject to conditions relating to the diversion of footpaths and the prevention of any access from the minor road on the north- eastern boundary of the site.
Chief Engineer (Drainage) required confirmation that the existing surface water system serving the site will have sufficient capacity to deal with flows from the site during the life of the operation bearing in mind the effects of climate change and the minor increases in flows which would result from the proposed operations.
Dwr Cymru/Welsh Water has no objection to the proposed development.
Wales and West Utilities have no apparatus in the area.
Western Power Distribution has no objection to the proposed development.
Newport County Borough Council has no objection to the proposed development.
The Welsh Assembly Government Technical Services Division (Agriculture) has no objection in principle.
ADVERTISEMENT
(a) Extent of advertisement: The application has been advertised by means of a press notice in the Western Mail and site notices in the vicinity of the quarry. Around 35 individual letters have also been mailed to the nearest residential properties. In addition to advertisement carried out by the Council, Hanson Aggregates held a public information day on Thursday 22nd October, 2005, which was attended by approximately 24 people.
(b) Response
Number of letters: Two letters have been received.
Summary of objections: The grounds of objection are:-
• Damage to wildlife habitats and historic iron age settlements on the mountain. • Hours of operation – early morning, evening and weekend working. • Noise from trains and rail loading. • Danger to road users and pedestrians from heavy goods traffic.
Campaign for the Protection of Rural Wales has no objection.
Cont…. Application No. P/05/1100 Continued
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? The development has the potential to affect bats, which are a European protected species.
Therefore the development must be considered against the following three tests:-
1. That there is no satisfactory alternative. Response - The quarry cannot extend in any other direction. Either stone is not present or there are constraints such as built development. The dolomitic limestone at Machen Quarry is of a type which is a limited resource.
2. It will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.
Response - The Environmental statement sets out mitigation measures to avoid a detrimental impact.
3. It is in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.
Response – Limestone is a commodity that is required to support modern society. It is used in the construction industry and also for a variety of applications in the manufacturing industry.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area?
Crime and disorder are not issues in this case.
ANALYSIS
Background
Machen Quarry is a long established active quarry. The most recent permission was granted in 1990 but there are a total of five extant permissions, each covering part of the site area. The current planning application seeks to consolidate the existing permissions and offers the opportunity to impose a single set of conditions over the existing site and the proposed extension area.
Under the provisions of the Environment Act 1995, the first periodic review of planning conditions (ROMP) for the existing consents was due on 22nd August, 2005. However the submission of the ROMP application was postponed with the agreement of the Mineral Planning Authority whilst the planning application was progressed. Cont…. Application No. P/05/1100 Continued
The purpose of the Review is to ensure that planning conditions attached to mineral permissions are reviewed every 15 years so that they are updated regularly. If the current planning application is approved the purpose of the review will have been achieved and Hanson will not submit a ROMP application. The existing permissions will then cease to have effect under the provisions of the 1995 Act after 22nd August, 2006. In the event that the current application is refused or the company finds the conditions too onerous, a ROMP application will be submitted.
The main difference between a ROMP application and a planning application is that with the ROMP application the principle of the permission is not in question (i.e. the Mineral Planning Authority cannot rescind the permission which already exists). In determining a ROMP application the Mineral Planning Authority may impose conditions but if the effect of the conditions is to adversely affect the asset value of the site or the economic viability of the operation to an unacceptable degree, a liability to pay compensation to the operator may arise. This may result in compromises when attaching conditions.
The application has been assessed against the relevant policies in the relevant National Guidance i.e. Minerals Planning Policy Wales 2000 and Minerals Technical Advice Note 1 Aggregates 2004, the Council Approved Unitary Development Plan and against the comments received as a result of consultation and publicity.
National Guidance
Minerals Planning Policy Wales (MPPW) sets out the land use planning policy of the National Assembly for Wales in relation to all forms of land won mineral extraction. It sets out five key principles of sustainable minerals development:-
• To provide mineral resources to meet society’s needs and to safeguard resources from sterilisation. • Protect areas of importance to natural or built heritage. • Limit the environmental impact of mineral extraction. • Achieve high standards of restoration and beneficial after-use. • Encourage efficient and appropriate use of minerals and the re-use and recycling of suitable materials.
These principles are developed further in Minerals Technical Advice Note 1 Aggregates (MTAN1) with particular reference to aggregate minerals.
Landbanks
The MTAN seeks to rationalise landbanks within Wales and to direct mineral working to the most environmentally acceptable areas. There are currently large landbanks of crushed rock, particularly in North Wales, where there are substantial reserves at dormant sites which are unlikely ever to be worked again. The MTAN recommends maintaining a minimum landbank of 10 years for crushed rock throughout the plan period in development plans. It is anticipated that the LDP period will run from 2006 to 2021. Cont…. Application No. P/05/1100 Continued
Where landbanks provide for more than 20 years it is recommended that new allocations in development plans will not be necessary and that Mineral Planning Authority’s should consider whether there is justification for extensions to existing sites. Extensions should only be granted in exceptional circumstances, for example where supply of a particular specification of aggregate is demonstrated or where operators are prepared to unilaterally surrender consents relating to existing permitted reserves at dormant sites.
The total landbank of known reserves in Caerphilly County Borough Council at 31st December, 2003 was approximately 28.36 million tonnes of which 17.43 MT was at active sites. This translates to approximately 30 years and 18 years respectively at current (2003) rates of sales. The total landbank figure masks the fact that some reserves are at dormant sites where there are constraints on further working (for example access, proximity to residential areas etc). The active sites landbank also includes reserves that are directed to a particular end use because of the specification of the stone.
There are currently 11.5 MT unworked reserves within Machen Quarry, giving a life of approximately 16 years at current extraction rates. However, due to geological and safety reasons (which are explained in detail in the application and supporting documents) the quarry is approaching a situation where further development of the existing reserves would sterilise the resources in the extension area. The proposed extension area is estimated to contain a further 8.9 MT giving a total life for the site of 29 years if approved.
Whilst this would give a generous landbank in the context of the TAN it would ensure that the use of the resource is maximised which is also an important consideration. Unless new sites come forward, it is also likely that the landbank for the county borough as a whole will be insufficient towards the end of the LDP period. The TAN states that the landbank should be maintained throughout the plan period so that there should be a 10 year landbank in 2021. Based on the current situation the landbank at active sites would be only 3 years by 2021. It is unlikely that there will be extensions at the other active sites within the county borough within that time frame and the county borough council would not encourage working at many of the dormant sites in the area. However, the requirement in the TAN to maintain a landbank is dependent on mineral extraction only taking place where it is environmentally acceptable to do so. This will be informed in due course by the Regional Technical Statement produced by the South Wales Regional Aggregates Working Party. The RTS is due to be published by the end of 2006.
Hanson control reserves at one dormant site, Ocherwyth Quarry, Pontymister and one site which has been inactive since 1985, Cwmleyshon Quarry. The company has indicated that it does not intend to give up reserves at either of those sites. MTAN 1 sets out criteria for the consideration of long dormant sites and the Environment Act 1995 sets out provisions by which the aims of the MTAN may be achieved.
Cont….
Application No. P/05/1100 Continued
Secondary/Recycled materials
The Tan recognises the need to shift the current pattern of supply towards recycled aggregates away from primary aggregate and to ensure that any future increase in demand is met from secondary or recycled aggregate. Para 34 states that “……….where the landbank of permitted reserves is adequate for the foreseeable future, mineral planning authorities should consider carefully whether any further planning permissions for primary extraction should be granted but in the knowledge that planning permission should normally be refused”. The WAG considers that whilst supply from primary sources is maintained there will be no incentive for industry to increase the use of alternative materials.
However studies (ARUP 2004; Survey of the arisings and use of construction, demolition and excavation waste, quarry waste and dredging waste as aggregate in 2003, and Smith’s Gore 2005) published more recently than the TAN suggest that there is limited scope for increasing the use of construction and demolition waste unless more sorting and segregation of mixed material takes place. This may come about as a result of the landfill directive.
Nature Conservation Interests
The proposed development has the potential to affect bats, which are a European protected species. Mitigation measures are set out in the environmental statement.
The UDP identifies a Site of Importance for Nature Conservation, which overlaps the planning application area (although the area of the SINC within the application site would not be quarried) and another, which lies to the north of the quarry. Policies C(11)150 Mynydd Machen and C11 (151), Coed y Mochyn, Risca refer. The Mynydd Machen SINC comprises a mosaic of acid upland habitats, the Coed y Mochyn SINC contains semi-natural beech woodland containing many large beech trees and supporting a species rich ground flora, together with plantation woodland. The environmental statement also identifies other features of nature conservation interest within and adjoining the application site. These are assessed in the environmental statement by considering the magnitude of the impact and the value of the site/feature.
The significance of the impacts on the features of nature conservation interest is assessed to be slight – negligible after the proposed mitigation measures are implemented and this is considered to be a reasonable assessment. There would be very high magnitude impact on the grasslands to the north east of the existing site, which would be lost due to quarrying in the extension area. The impact would chiefly affect fauna including nesting Skylark and Meadowpit, foraging bats and badgers and roosting/foraging reptiles. Mitigation measures as set out in the statement that would reduce the significance of the impact to slight. Similarly there would be a high magnitude impact on the grassland to the north east of the quarry, which would be used for soil storage. The impact would be temporary but long term. Again mitigation measures could reduce the significance of the impact to negligible.
Cont…. Application No. P/05/1100 Continued
The Countryside Council for Wales has no objection to the application provided that the appropriate mitigation measures identified in the Environmental Statement are carried out and subject to further assessment of the beech trees within the extension area to ascertain the status of the trees for roosting bats. These mitigation measures can be secured by condition if the council is minded to grant permission.
Historic Environment
The archaeological assessment identifies three features in the proximity of the application site that would be affected by the proposed development. The first of these is currently interpreted as a prehistoric cairn. This feature is within the quarry extension area and would be lost if permission was granted. It has regional/local value. The second and third features are probably the remains of lead working. These features are outside the proposed excavation area but within an area to be used for soil storage. There would therefore be a severe effect on all three sites. The archaeological assessment recommends that the prehistoric cairn is excavated to ensure the features preservation by record. This would reduce the potentially severe effect to a minor effect. It is further recommended that a watching brief take’s place for the lead mining sites to ensure an appropriate level of recording again reducing the effect to a minor one. Again the mitigation measures can be secured by condition attached to any permission granted.
Surface and Groundwater Resources
The Environment Agency (Wales) has not objected to the application. However, concern has been raised that the proposed development would have an adverse impact on water features. The main issues are diversion of water flow to the River Rhymney from the River Ebbw catchment and groundwater derogation/loss of springwater flows.
The volume of water being transferred between the catchment areas is very small. ENTEC have estimated that the reduction in flow would be less than 0.14%. This is considered to be insignificant.
The ENTEC report also identifies a possible minor impact on surface watercourses and springs. The risk to springs at Llandanglwys and Castle Farms is increased but is still a small risk. Neither of the springs are licensed abstractions. The spring is the only water supply to Llandanglwys Farm, which is unoccupied at present. Castle Farm has a mains water supply in addition to the spring, which is used mainly for providing water for stock.
With regard to derogation of flows to streams the ENTEC report reaches the conclusion that the extension is likely to reduce stream flows to the northwest of the existing quarry. The reduction is difficult to quantify since there is no historical information.
Whilst the derogation to private water supplies is a civil matter between the parties involved there is a requirement to protect groundwater resources from derogation where this would have an adverse impact on water features. However, in this case there are no features (such as nature conservation interest etc) that are dependant on maintaining current flows within the streams near the quarry. Cont…. Application No. P/05/1100 Continued
Environmental Considerations
1) Noise.
A noise assessment has been submitted as part of the environmental statement. Noise measurements were taken at seven noise sensitive properties, near the quarry during a 24 hour period in June, 2004.
MTAN 1 sets out recommended maximum noise limits of background noise levels plus 10 dB(A) where background noise levels do not exceed 45dB(A). 55dB(A) is identified as being the lower limit of the daytime noise levels where serious annoyance is caused. Night-time (1900 – 0700 hours) noise levels should not exceed 42dB(A).
The noise assessment is bases on worst-case scenarios i.e. when operations are undertaken at their closest distances to the sensitive properties and therefore have the greatest influence on the noise levels at these locations. The duration of the worst case scenario may be relatively short but will occur intermittently over the life of the site. Longer-term noise levels perceived outside the site boundary would normally be significantly less.
Ambient noise levels were found to be in the range 33.7dB(A) to 41dB(A) during daytime and 37.3dB(A) to 40.3dB(A) in the evening. The results of the assessment show that predicted daytime (0700-1900 hours) noise levels meet the guidelines in the MTAN with the exception of two locations. In both cases the levels at those properties are predicted to be less than 55dB(A).
Predicted night-time noise levels (i.e. 1900-0700 hours) exceed the MTAN recommendations at 4 locations with variations of between +1 and +11. The exceptions correlate to evening working between the hours of 1900 and 2200. After 2200 hours the predicted levels are less than 42dB(A), the recommended maximum, in all cases. The activities taking place during the evening that generate noise are rail wagon loading, operation of the roadstone coating plant and associated lorry movements.
Machen is the only rail-linked quarry in the county borough and in South Wales.
Transportation of stone by rail is widely acknowledged to be more sustainable than haulage by road over long distances. The rail loading has to take place at times when trains are made available to Hanson. Conditions restricting the times for rail loading would not, therefore, be practical since it relates to something which is not within the control of the applicant company. There is an existing permission for the site (with the exception of the proposed extension area) and quarrying could continue under the terms of that permission. If the applicants were to make a ROMPs application, new conditions that restricted the ability of the company to use the railhead in the evening would be likely to adversely affect the economic viability of the site. The Chief Environmental Health Officer has not raised objection to the application and historically very few complaints have been received from residents regarding the operation of the quarry. Cont…. Application No. P/05/1100 Continued
On balance it is considered that notwithstanding the guidance in MTAN1, the predicted noise levels are acceptable, bearing in mind that they represent the worst-case scenario, which will be short in duration. However a condition is recommended to secure further noise monitoring for the first two years following any permission granted. It is possible that mitigation measures such as lining the chutes of the rail loading hoppers with rubber may reduce noise levels.
2) Dust
Dust nuisance is covered by the EPA licence for the site but a planning condition is also suggested below to prevent problems arising.
3) Blasting
MTAN1 recommends that planning conditions should provide for a maximum level of ground vibration at sensitive locations. Ground vibration as a result of blasting operations should not exceed a peak particle velocity (PPV) of 6mm per second in 95% of all blasts measured over a period of 6 months and no individual blast should exceed a PPV of 10 mm per second. These are maximum recommended limits and it is open to the local planning authority to impose lower limits if appropriate.
Quarry operations at the site are currently controlled by a voluntary code of practice, which states that PPV should not exceed 8mm/sec and that every effort should be made to achieve 4mm/sec for 95% of events. The 4mm/sec and 8mm/sec derive from evidence collected by the former Mid Glamorgan County Council in the early 1980s prior to guidance being issued. On the basis of the evidence collected it was determined that those levels could reasonably be achieved at sites within the former county. The 4mm and 8mm limits apply at all the active quarries in Caerphilly County Borough either via a code of practice or via planning conditions.
However since that evidence was collected, MPG9 was issued in 1992 and MPG 14 in 1995 suggesting that the maximum limits should be 6 – 10 mm/sec at the 95% confidence level and 12 mm/sec as an absolute limit. BS6472 (1992) recommends that a satisfactory magnitude of blasting vibration at residential properties is 8.5 mm/sec at a 90% confidence level with an absolute limit of 12.5mm/sec. Interpretations of BS6472 by Environmental Health Officers in South West England have suggested that 8.5 mm/sec could be regarded as the level at which significant nuisance begins.
Detailed research has been undertaken on the levels of vibration that may cause damage to property. The United States Bureau of Mines (USBM) has reviewed the published data and determined that levels in excess of 50mm/sec are required to cause structural damage. Cosmetic damage (cracks in plaster etc) can be associated with lower levels. The USBM concluded that “ no damage has occurred……. at vibration levels of less than 12.7mm/sec”
Residents may become aware of vibration at levels as low as 0.5 mm/sec but generally will do so at around 1.5mm/sec. This may cause them concern. However, complaints about blasting operations at Machen Quarry are rare, despite the proximity of some houses to the quarry boundary. Cont…. Application No. P/05/1100 Continued
Vibration levels can be reduced either by reducing the charge weight or by “decking” where the charge in each hole is divided into two or more smaller amounts separated with inert material. It is generally in the interests of the operator to minimise vibration since this increases the efficiency and the economy of the operation. Imposing overly stringent limits on blasting may increase the frequency of blasting events. In the case of the existing area, imposing unreasonable limits would be likely to adversely affect the asset value and/or the economic viability of the site.
The regression analysis carried out by Vibrock as part of the EIA indicates that 6mm/sec at 95% confidence could be achieved at all the sensitive locations both for the existing and proposed areas. However the current limit of 4mm/sec would be exceeded at all but one of the 9 locations for the current area and at 3 locations for the extension area. In the proposed extension area charge weights would need to be reduced to meet the MTAN limit of 6mm/sec at Pen-y-Parc, Llandanglwys and Castle Farm. For the existing site decking would be required for blasts in the vicinity of Pen-y-Parc and Park cottages because the charge weights for compliance with the MTAN criteria would be uneconomic. Decking may also be required for Pen-y-Parc if and when operations move into the proposed extension area. Again these predictions are based on the worst-case scenario where the working is taking place at the closest proximity to the sensitive properties, which will be for limited duration. At all of the locations both for the existing situation and for the proposed extension 50% of blasts are predicted to be 1.8mm/sec PPV or less.
It is therefore considered that the most appropriate limits for vibration arising from blasting operations in this case are 6mm/second PPV at 95% confidence with no individual event exceeding 8mm/sec and that a condition should be imposed to that effect on any permission granted.
Landscape Considerations
The UDP identifies two Special Landscape Areas adjoining the application area. Policies C12(13) Mynydd Machen and C12(14) North of Trethomas and Machen are relevant. Mineral extraction, whilst not necessarily inconsistent with the reasons for designating an SLA, could potentially have a serious adverse effect on it. Therefore when assessing proposals for mineral working against the criteria of policies DC1 and M5 the impact on the SLA will be a material and important consideration. Where a proposed mineral development would have a serious adverse effect on the purpose of the SLA, the SLA will take precedence unless it can be demonstrated that the extraction of the mineral at that location is of other than local importance (the Council Approved UDP para 6.46). In this case it is considered that whilst there will be an impact on the landscape, that impact would be relatively small in the context of the existing quarry.
RECOMMENDATION that Permission be GRANTED
Cont….
Application No. P/05/1100 Continued
This permission is subject to the following conditions:-
(1) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission. Written notification of the date of commencement shall be sent to the Mineral Planning Authority within seven days of the date of such commencement. (2) Extraction of minerals shall cease by 31st December 2042 and restoration shall be completed within two years from that date or within two years from the date of the permanent cessation of extraction, whichever is the sooner. All buildings to which this permission relates shall be removed within twelve months from the date of the permanent cessation of extraction unless a specific planning permission is subsequently granted for their retention. (3) Unless otherwise agreed in writing with the Mineral Planning Authority the working, restoration and aftercare of the site shall be carried out in accordance with the working programme and phasing plans, Plan Nos. 5.1, 5.2, 5.3, 5.4, 5.5 received on the 27th July, 2005, and Plan 8 (Restoration Masterplan) received on the 2nd September, 2005, and submitted in Application Reference No. P/05/1100. (4) Except in the case of emergencies to maintain safe quarry working or unless the Mineral Planning Authority has agreed otherwise in writing:- (a) No operations other than those associated with the production of coated roadstone or the operation of the railhead, water pumping, servicing, environmental monitoring, maintenance and testing of plant shall be carried out on bank or public holidays or except between the following times on any other day:- 0700 hours and 2200 hours Monday to Friday 0700 hours and 1600 hours Saturdays 0800 hours and 1300 hours Sundays (b) No quarrying operations shall take place except between the hours of:- 0700 hours and 2100 hours Monday to Friday 0700- 1300 hours Saturday 0800- 1300 hours Sunday For the purposes of this permission “quarrying operations” shall mean the stripping of overburden, the development of the quarry faces (including drilling), the loading and transportation of stone to the primary crusher and the operation of the primary crusher or any replacement thereof. (c) No operations for the formation and subsequent removal of material from any environmental banks and soil storage areas shall be carried out at the site except between the following times:- 0700 hours and 1900 hours Monday to Friday 0700 hours and 1300 hours Saturdays. (d) No blasting operations shall take place except between the hours of 1000 hours and 1600 hours Monday to Friday and not at all on Saturdays, Sundays and bank/public holidays. (5) No loaded lorries shall leave the site unsheeted except those only carrying stone in excess of 500mm. (6) No vehicles shall enter the public highway unless their wheels and chassis are in a clean condition. Within six months of the date of this permission measures shall be taken, in accordance with a scheme to be submitted to and approved by the Mineral Planning Authority, to prevent material being deposited on the public highway. Cont…. Application No. P/05/1100 Continued
(7) No development shall take place within the extension area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Mineral Planning Authority. (8) The mitigation measures identified in the ecology and nature conservation assessment (David Clements Ecology Ltd - May 2005) shall be carried out in full at the appropriate times during the operations hereby permitted unless a variation is agreed in writing with the Mineral Planning Authority. (9) Within three months of the date of this permission a scheme and programme of measures for the suppression of dust shall be submitted for the approval of the mineral planning authority. The scheme shall include inter alia:- • The suppression of dust caused by the moving and storage of overburden and soil, stone and other materials within the site. • Dust suppression on haul roads, including speed limits. • The provision of dust collection and storage facilities. • Provision for monitoring and review of the scheme. • The use of suitable dust suppression systems on crushing plant and drilling equipment. Once approved all operations shall take place in accordance with the scheme. (10) No blasting shall be carried out except in accordance with a scheme to be submitted to and approved by the Mineral Planning Authority within three months of the date of this permission. The scheme shall include details of:- a) blast monitoring locations and the method of monitoring each blast, b) the monitoring equipment to be used, c) presentation of results, those results being retained at the quarry site and made available for inspection by the local planning authority at all reasonable times, and copies being supplied to the mineral planning authority on request:- d) the frequency of blasting and warning measures, e) details of the methods to be employed to minimise air overpressure from blasting operations. Once approved all operations shall be carried out in accordance with the approved scheme. (11) The ground vibration resulting from blasting operations, measured as peak particle velocity in any one of three orthogonal planes, shall not exceed 6mm/sec in 95 % of all blasts measured over a period of six months and no individual blast shall exceed 8mm/second measured at or near the foundations of any vibration sensitive building. (12) Between the hours of 0700-2200 hours the noise levels arising from the development shall not exceed 55dB(A) at any residential property in existence at the date of this permission. (13) Between the hours of 2200 and 0700 hours noise levels arising from the development shall not exceed 42 dB(A) at any residential property in existence at the date of this permission. (14) Within three months from the date of this permission, a scheme for monitoring noise levels arising from the site shall be submitted to and approved by the Mineral Planning Authority. The scheme shall provide for:- • Attended measurements by a competent person of Laeq 5 minute noise levels over 1 hour at such locations to be agreed with the Mineral Planning Authority. Measurements to be taken at three monthly intervals or such other frequency as is agreed in writing with the Mineral Planning Authority for the first two years of operation. Cont…. Application No. P/05/1100 Continued
• Details of equipment to be used for monitoring. • Monitoring during typical working hours with the main items of plant and machinery in operation. • The logging of all weather conditions, approximate wind speed and both on site and off site events occurring during measurements including “ phased out” extraneous noise events. • Monitoring results to be forwarded to the Mineral Planning Authority within 14 days of measurements. (15) Any chemical, oil or fuel storage containers on the site shall be sited on an impervious surface with bund walls; the bunded areas shall be capable of containing 110% of the containers’ total volume and shall enclose within their curtilage all fill and draw pipes, vents, gauges and sight glasses. There must be no drain through the bund walls or floor. (16) Throughout the period of operations the operator shall:- • Protect and support any ditch, watercourse or culvert passing through the permission area and shall not impair the flow or render less effective drainage onto and from adjoining land. • Provide for the collection, treatment and disposal of all water entering or arising on the site, including any increased flow from the land to ensure that there is no pollution of any watercourse by the approved operations. (17) At twelve monthly intervals following the date of this permission the operator shall provide the Local Planning Authority with a survey plan of the site at 1:2500 scale together with a calculation of the volume and type of materials stored for use or actually used in restoration including details of the area stripped of topsoil, subsoil and soil forming material and the location of each soil storage mound. (18) All soils and soil making materials shall only be stripped, handled, stored and replaced in accordance with a scheme which shall have been approved in writing by the Mineral Planning Authority before the commencement of soil stripping. (19) Within three months of the date of this permission details of a scheme for the management of tree and woodland areas shall be submitted for the approval of the Mineral Planning Authority; the scheme shall include provision for the identification, protection and management of all trees within the application area but outside the limits of excavation and upon approval such scheme shall be implemented in full and complied with throughout the duration of the permission unless otherwise agreed in writing with the Mineral Planning Authority.. (20) Trees shrubs and hedges planted in accordance with the approved restoration scheme shall be maintained and any plants which within five years of planting, die or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Mineral Planning Authority. (21) All topsoil, subsoil and soil making materials shall be stored in accordance with the planning application and supporting documents and in separate mounds which shall:- • Not exceed 3 metres in height in the case of topsoil, or exceed 5 metres in height in the case of subsoil unless otherwise agreed in writing with the Mineral Planning Authority. • Be constructed with only the minimum amount of soil compaction to ensure stability and shaped so as to avoid collection of water in surface undulations. • Not be subsequently moved or added to until required for restoration unless otherwise agreed in writing with the Mineral Planning Authority. Cont…. Application No. P/05/1100 Continued
• Have a minimum 3 metre stand off undisturbed around each storage mound. • Comprise topsoils on like texture topsoils and subsoils on like texture subsoils. • In the case of dissimilar mounds ensure that dissimilar soils are separated by a third material which shall have previously been agreed in writing by the Mineral Planning Authority. (22) Within twelve months of the date of this permission, a progressive restoration scheme shall be submitted for the approval of the Mineral Planning Authority. The progressive restoration scheme will outline the general principles for the restoration of the quarry and will include details of:- • The nature of the intended afteruse of the site. • The sequence and phasing of reclamation showing clearly the relationship to the working scheme. • The re-spreading over the quarry floor of overburden subsoil and topsoil previously stripped from the site and shall specify the depths of the replaced materials and the methods used to replace the material. • The ripping of any compacted layers of final cover to ensure adequate drainage and aeration. • The machinery to be used in soil re-spreading operations. • Drainage of the reclaimed land including the formation of suitable graded contours to promote natural drainage and the installation of artificial drainage. • The proposed final configuration and levels of any restored areas. • Unless otherwise agreed in writing with the Mineral Planning Authority, the reinstatement of the plant site and access roads by clearing plant, buildings, machinery and concrete or brickwork, deep cultivation to remove rocks or other obstructions and replacing of subsoil then topsoil. • Grass seeding of reclaimed areas with a suitable herbage mixture. • An indicative timetable for the implementation of restoration works. • Measures to mitigate the impact of the development on protected species of nature conservation value through the provision of appropriate habitats. (23) The site shall be reclaimed and managed for nature conservation amenity use in accordance with a detailed final restoration scheme, which shall identify full restoration proposals for the site in accordance with the broad principles of the progressive restoration scheme, to be submitted for approval of the Mineral Planning Authority by the 31st December, 2040, or within three months of the earlier permanent cessation of operations, whichever is the sooner. (24) The scheme detailed in (Condition 23) shall be implemented within two years following the expiry of this permission or the earlier cessation of working, whichever is the sooner. (25) An aftercare scheme providing for a five year period of aftercare shall be submitted for the approval of the Mineral Planning Authority within three months of the permanent cessation of operations at the site, specifying such steps as may be necessary to bring the land to a condition reasonably fit for the proposed amenity use. (26) Except where the condition indicates otherwise, all the preceding conditions relate to the entire application site, i.e. the quarry area existing at the date of the permission together with the extension area hereby approved. Cont….
Application No. P/05/1100 Continued
The reasons for the Council’s decision are:-
(1) To comply with Section 91 of the Town and Country Planning Act 1990. (2) To ensure final restoration of the site at the end of it’s estimated life. (3) To enable the Mineral Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area. (4) To protect the amenities of local residents. (5) In the interests of highway safety and safeguarding the local environment. (6) In the interests of highway safety and to prevent mud, dust and debris being deposited on the highway. (7) To ensure that adequate archaeological investigation and recording is undertaken prior to the development taking place. (8) To ensure that the impact of the proposed development on interests of nature conservation and ecology is minimised. (9) To protect the amenity interests of local residents. (10) To enable the effects of the development to be adequately monitored during the course of operations. (11) To protect the amenities of local residents and the structure of buildings. (12&13) To protect the amenities of local residents. (14) To enable the effects of the development to be adequately monitored during the course of the operations. (15&16) To minimise the risk of pollution of watercourses and aquifers. (17) To ensure the satisfactory restoration of the site (18) To prevent loss or damage of soil, or mixing of topsoil with subsoil, or subsoil with overburden or mixing of dissimilar soil types. (19) Improve the appearance of the site in the interests of visual amenity, to screen the workings and to assist in absorbing the site back into the local landscape. (20) In the interests of the amenity of the local area and to ensure the development is adequately screened. (21) To prevent the loss of soil and minimise damage to soil structure during storage. (22-24) To ensure the satisfactory restoration of the site in the interests of the amenity of the locality. (25) To ensure the long term restoration of the site for amenity use. (26) For the avoidance of doubt as to the extent of this permission.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/05/1330 Mr. & Mrs. C. Williams, Erect residential development at 21/09/05 Gwerthonor House, Gwerthonor House, Vere Street, Vere Street, Gilfach, Bargoed. Gilfach, Bargoed.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: Land within the curtilage of Gwerthonor House, Vere Street, Gilfach, Bargoed.
Site description including area and locality: The site is situated within a predominantly residential area and within the settlement limits of Bargoed. A lane to the rear of terraced dwellings at Gwerthonor Place runs along the eastern boundary of the site. A lane to the rear of terraced dwellings at Vere Street runs along the western boundary of the site. A detached bungalow is situated adjacent to the southern boundary of the site and a playground is located to the north of the site.
Gwerthonor House is a large detached, two-storey, bay fronted, stone building set in large grounds. The boundaries of the site comprise a tall stone boundary wall along its western boundary and northern boundary, and a blockwork wall along its western boundary. Vehicular access is obtained off the highway to the north of the site.
Dimensions: The rectangular shaped plot has maximum dimensions of 43 metres x 70 metres.
Development: Outline permission for residential development with only the means of access to be considered at this stage with all other matters relating to siting, design, external appearance and landscaping being reserved for future consideration. A site layout plan has been submitted indicating six new houses but this layout is indicative only and does not form part of this application.
PLANNING HISTORY
No recent planning history.
POLICY
(a) Site Allocation
Development Plan: Adopted Mid Rhymney Valley Local Plan – within settlement limits for Bargoed.
Council Approved UDP: Policy DC2 - The application site lies within the settlement boundary for Bargoed. Cont….. Application No. P/05/1330 Continued.
(b) Policies
Development Plan: Standard Development Control criteria contained in Policy EV4 of the Adopted Mid Rhymney Valley Local Plan.
Council Approved UDP: Policy DC1 contains standard development control criteria.
Policy H2 supports housing development on windfall sites provided that “neighbouring land uses will not detract from the residential amenity of the development and that development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”
Planning Policy (Wales) March 2002:- 9.3.3 states that insensitive infilling should not e allowed to damage an area’s character or amenity.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection to the development subject to conditions being attached to any consent requiring revised details of highway improvements and parking provision being undertaken in accordance with DDG13 Car Parking Standards.
Chief Engineer (Drainage) provides advice to be conveyed to the developer in respect of surface water discharge and requests a condition be attached to any consent requiring a comprehensive drainage scheme.
Chief Environmental Health Officer has no objection to the development subject to conditions relating to the contamination of the site and the importation of soils as required. He provides advice to be conveyed to the developer in respect of the same.
Dwr Cymru/Welsh Water confirms that a public sewer crosses the site and that foul and surface water discharges must be drained separately from the site. They provide advice to be conveyed to the developer in respect of the same.
ADVERTISEMENT
(a) Extent of Advertisement: The application was advertised on site and a neighbour consultation exercise was undertaken.
(b) Response
Number of letters: One
Cont….. Application No. P/05/1330 Continued.
Summary of responses:
Concern by adjacent resident that application site encroaches onto her land. Also, concern over the close proximity of the proposed houses to her property.
SECTION 17 CRIME AND DISORDER ACT
There are no issues in respect of crime and disorder at this stage, but the principles of Secure by Design can be considered at the reserved matters stage.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No
ANALYSIS
The development has been considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies DC1, DC2, 1DS and H2 of the Council Approved Unitary Development Plan.
Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Residential development on this site would reflect the land uses in the immediate vicinity and would be compatible with the existing uses in the area. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. In this respect the applicant has confirmed that it is only the access to the dwellings to be considered at this stage with all other matters reserved for future consideration such as design, external appearance and landscaping to be considered as reserved matters. The site layout plan submitted with the application is indicative only.
The development of this site adheres to Policy DC2 in that it promotes the full and effective use of urban land and serves to concentrate new development within the existing settlement of Rhymney.
Policy H2 permits housing development on windfall sites within settlement boundaries provided the criteria outlined therein could be adhered to. The design of the development will be of critical importance in terms of ensuring that the development does not result in insensitive or inappropriate infilling which would spoil the character of the existing townscape. In this context, these issues may be addressed in the determination of reserved matters.
The objection raised with regard to landownership is a private matter. The concern raised over the close proximity of the proposed dwellings to an existing housing will be considered at the reserved matters stage.
The concerns of the Chief Engineer (Highways and Drainage), and Chief Environmental Health Officer referred to above may be addressed by attaching appropriate conditions to any consent. Cont….. Application No. P/05/1330 Continued.
It is considered that the development does not conflict with local plan policies and is therefore acceptable in planning terms.
RECOMMENDATION that Permission be GRANTED
The permission is subject to the following conditions: -
(1) Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) Notwithstanding the submitted plans, no works shall commence until revised details of the highway improvements have been submitted to and approved by the Local Planning Authority. The improvements shall include the widening of the rear lane, the provision of appropriate turning facilities, the provision of appropriate pedestrian facilities and all required visibility splays. The works shall be completed in accordance with the agreed details prior to beneficial occupation of the dwellings hereby approved. (6) Parking provision for the development shall be provided in accordance with Design Guide 13, Car Parking Standards. (7) Prior to the commencement of the work on site a scheme to deal with the contamination of the site shall be submitted to and approved in writing by the Local Planning Authority. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. (8) No building approved by this permission shall be occupied until a report has been submitted to and approved in writing by the Local Planning Authority, which verifies that the required works have been undertaken in accordance with the remediation strategy. (9) A scheme for the importation to the site, and testing for contamination, of soils and materials, shall be submitted to and agreed in writing with the Local Planning Authority prior to such work taking place. The development shall thereafter be carried out in accordance with the approved scheme. (10) Prior to the commencement of work on site the developer shall prepare a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage shall be dealt with and submit it for the approval of the Local Planning Authority. The development shall be carried out in accordance with the agreed details.
Cont….. Application No. P/05/1330 Continued.
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2-3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5&6) In the interests of highway safety. (7-9) In the interests of public health. (10) To ensure the effective drainage facilities are provided for the proposed development and that no adverse impact occurs to the environment or the existing public sewerage system.
Advisory Note
The applicant is advised of the comments of the Chief Engineer (Drainage), Chief Environmental Health Officer and Dwr Cymru/Welsh Water.
Development plan policies relevant to conditions: The development plans relevant to this application are the Adopted Mid Rhymney Valley Local Plan and the Council Approved Unitary Development Plan, of which Policy DC1 is relevant to conditions.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/05/1471 Cwmcarn High School, Erect new two storey performing 20/10/05 Chapel Farm, arts building at Cwmcarn High Cwmcarn, School, Chapel Farm, Cwmcarn, Newport. Newport.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: Within the grounds of Cwmcarn High School on the western side of the A467 bypass.
Site description: The site comprises a flat site to the rear of the school complex, sited between the existing buildings and the sports pitches.
Development: Permission is sought for the erection of a two-storey performing arts building. The accommodation would comprise two large music rooms and a number of smaller rooms on the ground floor, and a 184 sq. m. hall with stage, bar and kitchen facilities on the first floor.
Dimensions: The building would measure 22.8m x 17.5m with a height of 9.5m to the ridge.
Materials: Blue panels to match existing buildings.
Ancillary development: Areas of soft and hard landscaping around the building.
PLANNING HISTORY
Reference No. Description Decision Date P/04/0529 Erection of two-storey Approved 08/06/04 classroom block P/00/1088 Dining room extension Approved 04/01/01
POLICY
(a) Site Allocation
Development Plan: Adopted Islwyn Local Plan – the site lies outside the settlement envelope.
Council Approved UDP: The site lies outside the settlement boundary and within a Green Wedge. Cont….. Application No. P/05/1471 Continued.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – Policies H5 (settlement envelopes), CF1 (community facilities) and D1-D6 (design of the built environment).
Council Approved UDP: Policies DC1 (development criteria), DC2 (settlement boundary), C14 (green wedges), CF1 (development of new community facilities) and CF5 (new school buildings).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No
CONSULTATION
Chief Engineer (Highways) has no objection to the proposal.
Chief Environmental Health Officer has no observations.
Environment Agency (Wales) advises that the site lies within flood zone C2 but that recently revised flood outlines show that the site lies outside the 1 in 1000 year floodplain. However, a surface water regulation system in order to reduce the risk of flooding is recommended.
Glamorgan Gwent Archaeological Trust has no objection to the proposal since the building would be constructed on made up ground.
ADVERTISEMENT
(a) Extent of advertisement: Five properties on the opposite side of the A467were notified by letter and a site notice was displayed.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
It is not considered that the proposed development would cause significant crime and disorder issues.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? None known. Cont….. Application No. P/05/1471 Continued.
ANALYSIS
The performing arts building is designed to provide purpose-built practice, recording and performing facilities for the use of the school, and of the wider community outside of school hours. The hall would also be available for functions. Policies:
The site lies outside the settlement boundary and within a Green Wedge. Policy DC2 of the UDP states that development beyond the settlement boundary will only be permitted for certain categories of use, these being uses generally appropriate to the countryside. Policy C14 of the UDP states that Green Wedges are designated in order to prevent coalescence between settlements, in this case between Cwmcarn and Abercarn. The open nature of these areas should be maintained with no substantial new building.
While the policies do not strictly support the proposed development, the building would be sited on the edge of the school playing field closely related to the existing school complex. This being the case, it is not considered that the proposal represents a significant breach of the policies.
Policy CF1 of the Adopted Islwyn Local Plan states that land will be made available for education and community needs so long as development does not conflict with other policies. Policy CF1 of the UDP states that new community facilities will be permitted if they are appropriately located and adequate vehicular and pedestrian access is provided. Policy CF5 of the UDP favours the development of school facilities that are also available for community use.
In terms of design, the siting and massing of the proposed building are considered to be in keeping with the existing school complex. However, it is proposed to clad the building in blue panels to match an adjoining two-storey block; this is considered to be unsatisfactory for a building that would protrude further into the playing fields and have a greater visual impact, and it is recommended that a condition be imposed on any permission requiring the external materials to be agreed before works commence on site.
Comments from consultees:
No objections to the proposal have been received from consultees; however, the Environment Agency (Wales) comments that surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management (SUDS). It is requested that a condition be imposed on any permission requiring approval and implementation of a surface water regulation system in order to prevent the increased risk of flooding.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
Cont….. Application No. P/05/1471 Continued.
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Notwithstanding the submitted drawings, before works commence on site details of the materials to be used in the construction of the external surfaces of the building hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details. (3) Prior to the commencement of development, a scheme for the provision and implementation of a surface water regulation system shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity. (3) To prevent the increased risk of flooding.
Advisory Note
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policies D1 and D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan are of relevance to Condition (2) attached to this permission.
The comments of the Environment Agency (Wales) and the Council’s Health and Safety Team are attached and are brought to the applicant’s attention.
The applicant is advised to contact Gwent Police for advice regarding Secure by Design principles in the construction of the building.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/05/1533 The Trustees of S. Pugh & Son, Erect two dwellings, removal of 07/11/05 Garden Centre Ltd., nursery and reinstatement of SINC c/o RPS Group Plc., on land at Gypsy Lane, Penrhos, Park House, Caerphilly. Greyfriars Road, Cardiff.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
This application is an outline submission for the redevelopment of a roughly rectangular area of land off Gypsy Lane, Penrhos, Caerphilly. The site is currently used as a plant nursery for the applicant’s garden centre at Radyr, some three miles to the south west.
The proposal involves the creation of building plots for two detached dwellings, whilst also removing the existing polytunnels, glasshouses and large concrete hardstanding to allow for the reinstatement/extension of the SINC (i.e. Site for Importance of Nature Conservation, indentified in the Council Approved Unitary Development Plan as C11. 158, Gypsy Lane Welland).
The site area measures 1.38 ha and is divided up as follows:-
(A) Two plots – 0.28 ha (B) Remaining area to be cleared of structures and restored to pre-development condition – 1.1. ha
Access into the site is to be from the existing driveway off Gypsy Lane, which currently serves the nursery and “Garreg Llwyd”, being a dwelling located to the north east of the site.
The site is bounded to the south east and west by undeveloped land. To the north there are located two dwellings (i.e. “Garreg Llwyd” and “The Meadows”) which themselves are sited in the countryside).
The site itself has limited frontage onto Gypsy Lane, with the nearest of the two building plots being located some 150 metres form that highway.
The site slopes gently to the north east and currently houses a range of structures including glasshouses, sheds and polytunnels arranged in rows at right angles to the central site road which runs through the middle on a roughly north south axis.
The proposal is in outline, and seeks to establish the principle of residential development on the land. However whilst it seeks to reserve the majority of matters to the subsequent detailed stage the means of access is one issue, which forms part of this submission.
Cont….. Application No. P/05/1533 Continued.
The proposal shows that the access to the development is to remain as it currently stands.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/89/0793 Erect dwelling for horticultural Withdrawn worker and expand established business on site 5/5/91/0115 Erect new dwelling Approved 14/08/91 5/5/90/0396 Erect polytunnels and store Approved 18/07/90 5/5/93/0428 Retain greenhouse Approved 19/08/93 5/5/93/0429 Construct new greenhouse Approved 19/08/93 P/99/0373 Remove occupancy condition Approved 26/08/99
The removal of the occupancy condition in 1999 allowed the dwelling (i.e. Garreg Llwyd) to be sold independently of the business to which it had previously been tied.
POLICY
(a) The site is within the area covered by the Adopted Caerphilly Basin Local Plan (1983). In this plan it is shown as being outside the settlement limit, in an area of open countryside.
(b) The site is also covered by the Adopted Mid Glamorgan Structure Plan (1989). This latter plan is not generally site specific.
Section 54A of the Town and Country Planning Act 1990 states that determination of planning applications shall be made in accordance with the plan unless material consideration indicate otherwise.
The Council Approved Unitary Development Plan (2003) is such a material consideration and must be bourne in mind when making decisions on such applications.
(B) The policies of relevance in the above plans are as follows:-
Adopted Mid Glamorgan Structure Plan – Policy S3 – Development on the open countryside.
Adopted Caerphilly Basin Local Plan – Policy Ev1 – Development outside settlement limits.
Council Approved Unitary Development Plan – Policy DC2 – Settlement boundary.
Council Approved Unitary Development Plan – Policy C1 – Development in the Countryside.
Council Approved Unitary Development Plan – Policy C11 – Regional/Local Nature Conservation Designations. Cont….. Application No. P/05/1533 Continued.
ENVIRONMENTAL IMPACT ASSESSMENT
In view of the sites size the application was screened for an Environmental Impact Assessment. However in respect to the limited nature of the housing development the proposal regarding the reinstatement of the SINC it was considered that an E.I.A. was not required.
CONSULTATION
Dwr Cymru/Welsh Water have no comment to make on the proposal bearing in mind that the applicant intends to use private drainage facilities.
Wales and West Utilities comment that they have no apparatus affect by the development.
Western Power Distribution comments that they have apparatus within the vicinity of the site, which may be affected by the proposal.
Chief Environmental Health Officer raises no objection but subject to a condition being imposed in respect to the testing of any imported material to the site.
Chief Engineer (Highways) raises no objection subject to adequate car parking being provided on site.
Chief Engineer (Drainage) raises no objection but makes a number of comments in respect to land drainage issues, which are either to be conditional or passes on to the applicant in the form of advice.
Penyrheol, Trecenydd and Energlyn Community Council have made no comment on this proposal.
ADVERTISEMENT
(a) The application was advertised by way of site and press notices and also by direct notification to surrounding dwellings. In this latter regard five properties were consulted.
(b) No responses were received in respect to the above consultation exercise.
SECTION 17 CRIME AND DISORDER ACT
Crime and disorder were not issues in this case.
EU HABITATS DIRECTIVE
As part of the application submission an ecological appraisal of the site was submitted. No mention of any of the protected wildlife species were made. As such the county Ecologist, who considered the report, as accepted that no such species are present.
Cont….. Application No. P/05/1533 Continued.
ANALYSIS
In considering this proposal due regard has been paid to the following matters:-
1. Planning History. 2. Policy Considerations. 3. Consultation Responses.
1. Planning History
With regard to the site history it can be seen that the business use of growing plants to supply the market garden use at Radyr was pursued from 1989, through to the present time. The large detached dwelling approved to serve the unit and linked to it by way of an agricultural occupancy condition was relaxed on the basis that the business could no loner sustain it. Thereby allowing the applicants the opportunity to realise its value by selling it on.
The history in itself shows that the operations and house on the site were approved on the basis of the agricultural use of the land and its requirements. It was this use and its needs, which permit the nursery to run over the 15 years it has been in existence. Without such a justification buildings of the type now applied for (i.e. houses with no agricultural forestry or recreation justification) would not be permitted at this location.
2. Policy Considerations
The applicant’s agent acknowledges, in the supporting information that the proposal is “somewhat unique” in that proposing residential development it may considered to be contrary to policy.
The argument proposed in the application however is that the environmental and ecological benefits would provide a positive benefit to the landscape and ecological situation by the reinstatement of the SINC habitat over the larger part of the application site area.
It should be noted however that the SINC area identified in the Council Approved Unitary Development Plan is substantially larger than the area indicated for reinstatement in the applications.
It is on the basis of the balance of benefits over the principle of the policies of relevance, therefore, that the applicant seeks to justify the proposal.
The policies of specific relevance to settlement boundaries are the Adopted Mid Glamorgan County Council Structure Plan and EV1 of the Caerphilly Basin Local Plan, and DC2 of the Council Approved Unitary Development Plan.
Cont….. Application No. P/05/1533 Continued.
All these policies oppose un-justified development in the open countryside. The settlement boundary indicated in the latter two plans define the area within which development would normally be restricted to taking into account all other material considerations. The erection of the two dwellings in the location now proposed would be contrary to these policies.
To counter this argument the applicant has sought to stress the benefits of the improvements to the area of SINC within the site. In this regard the Council would be pleased to see the area of approximately 1 hectare of land being restored to its original condition by the removal of the polytunnels, sheds and the hardstanding. As such the impact on the SINC is almost the reverse of the normal situation in that more of it being provided than threatened or removed. Therefore there is no objection to the scheme in respect to non-compliance with Policy C11. Whilst this part of the proposal is a laudable one it has to be recognised that the settlement policy is a primary policy in respect to the protection of the countryside. The area of SINC to be reinstated is relatively small in context. It also has to be recognised that the site will regenerate naturally if the business operation closes down and should the site become an “eye- sore” if it is left to become ruinous the Council can initiate action to ensure its condition is not allowed to affect the amenity of its surroundings. The applicant has also sought to contend that the development constitutes the re-use of a brown field site, as referred to in the U.D.P. However in this regard “land and buildings currently in use for agriculture or forestry purposes”, are excluded from the definition of brownfield land contained in Planning Policy Wales (2002).
With regard to policy issues it is concluded that on balance the principle of two dwellings outside the settlement limit on the basis currently proposed is contrary to Policies S3 of the Adopted Mid Glamorgan Structure Plan, EV1 of the Adopted Caerphilly Basin Local Plan and DC2 of the Council Approved Unitary Development Plan which seek to restrict inappropriate development in the countryside.
3. Consultation Responses
The consultation responses from the standard consultees do not contain any objections, which could sustain the refusal of planning permission. A number of comments are made which require the imposition of conditions to adequately control the development.
In concluding the above analysis, it is considered that the principle of the maintenance of the settlement boundary policies is on balance the deciding factor on this application. To allow the two dwellings on the basis of the “special circumstances” proposed would, it is considered damage the integrity of the policies to the detriment of the Adopted and Approved plans.
RECOMMENDATION that Permission be REFUSED
The reasons for the Council’s decision are:-
(1) The proposal is contrary to Policy S3 of the Adopted Mid Glamorgan County Structure Plan (Incorporating Proposed Alterations No. 1, 1989), in that it proposes development in the open countryside which is not in the interests of agriculture, forestry or the conversion of suitable redundant buildings. Cont….. Application No. P/05/1533 Continued.
(2) The development is contrary to Proposal EV1 of the Caerphilly Basin Local Plan (Adopted 1983) in that it seeks development outside the settlement limits indicated in that plan which is not required in the interests of agriculture or forestry. (3) The proposal is contrary to Policy DC2 of the Council Approved Unitary Development Plan in that it proposes residential development outside the settlement boundary identified in that plan, which is not required in the interests of agriculture, forestry, minerals working, recreation and leisure proposal, the conversion of suitable buildings and specified infrastructure development.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0045 Johnsey Estates, Redevelop site for food store, retail 17/01/06 Leeway Industrial Estate, and office uses on ground floor Spytty Road, with new library at first floor at Old Newport. Palace Cinema and 75, 75a 75b, 75c, 76, 77 Tredegar Street, Risca, Newport.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The site is located on the western side of Tredegar Street at the southern end of the Tredegar Street shopping area.
Site description including area and locality: The site comprises a former cinema with attached single-storey shop units to either side, which have been vacant for a number of years. The site also incorporates vacant land to the south of the cinema, which formerly contained two units fronting Tredegar Street and a works building behind, and a dwelling adjoining the northern side boundary. To the north of the site are traditional two-storey shop units (predominantly terraced), and to the south a Baptist Church. On the opposite side of Tredegar Street are the Police Station and Tredegar Grounds open space, and to the rear of the site is the Risca R.F.C. ground.
The former Risca Palace Cinema was listed (Grade II) in 1999 for its interest as one of the earliest purpose-built cinemas in Wales and for group value with adjoining buildings. The associated application for listed building consent (P/06/0046) is reported elsewhere in this report.
Development: Permission is sought for the redevelopment of the site for a food store, other retail and office uses on the ground floor, with public library above. There would be some 373 sq.m. retail space and 1,158 sq.m. library/office space. The proposal incorporates the retention of the cinema entrance block fronting Tredegar Street, and the dwelling to the north, but the units to either side of the cinema entrance block and the auditorium to the rear would be demolished. The frontage of the new side wings would comprise single-storey shop frontages with balustrading reinstated to the units either side of the retained central block. The first-floor element of the proposal would be set back 5m from the frontage. The southern end of the first- floor element would comprise a block with two oriel windows to echo the central oriel window in the cinema façade, and with a curved roof. Between this element and the retained cinema block, and between the retained cinema block and the retained dwelling façade on the northern side, would be infill wings clad with mirror glass and ‘lookalike’ panels. The central part of the development to the rear of the cinema entrance block would incorporate an apex roof.
Cont…. Application No. P/06/0045 Continued
Dimensions: The building would have a frontage of 34m to Tredegar Street. The food store on the southern side of the cinema entrance block would be 28m deep, the remainder of the development having a depth of 21m. The pitched roof over the central part of the development would have a height of 10.6m to the ridge (similar in height to the existing auditorium), and the curved roof over the southern wing of the library would have a maximum height of 8m.
Materials: Mirror glass and ‘lookalike’ panels to front elevation of the first-floor wings; natural slate cladding and render to the front elevation of the library block at the southern end; coloured render and brickwork to the side and rear elevations; standing seam aluminium roof.
Ancillary development: Service road to southern side of building with ten car parking spaces, and a rear service yard with ten parking spaces and a lorry turning area.
PLANNING HISTORY
Reference No. Description Decision Date 2/9042 Retail, offices, storage with underground car park Refused 31/07/98
POLICY
(b) Site Allocation
Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope and the Risca/Pontymister Shopping Core Area.
Council Approved UDP: The site lies within the settlement boundary and the Risca/Pontymister Retail Area boundary.
(b) Policies:
Development Plan: Adopted Islwyn Local Plan – Policies D1-D6 (design of the built environment), S2 (enhancement of existing shopping centres), S3 (proposals for shopping development in existing town centres), CF1 (development of community facilities) and CE8 (listed buildings).
Council Approved UDP: Policies DC1 (development criteria), R2 (retail centre enhancement), CF1 (development of new community facilities), HE1 (historic environment), HE2 (listed buildings) and HE3 (demolition of listed buildings).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
Cont…. Application No. P/06/0045 Continued
CONSULTATION
Chief Engineer (Highways) has no objection subject to footway widening in front of the adjoining church in order to improve visibility and agreement to the layout of the rear servicing area.
Chief Environmental Health Officer has no objection subject to details of air conditioning units, fans, etc, being agreed.
Dwr Cymru/Welsh Water advises that foul and surface water discharges must be drained separately from the site and that no surface water or land drainage run-off will be permitted to discharge to the public sewerage system. It also advises that a public sewer crosses the site, the line of which would need to be protected.
Chief Engineer (Drainage) offers advice as to the drainage of the development.
Environment Agency (Wales) has no objection on the basis of an assessment of flooding consequences submitted on behalf of the applicant.
Gwent Police offers advice concerning the security of the development.
ADVERTISEMENT
(b) Extent of Advertisement: Three neighbouring properties were notified by letter, and the application was advertised by means of site and press notices.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
It is not considered that the development would give rise to issues of crime and disorder. The comments of Gwent Police will be forwarded to the applicant.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont…. Application No. P/06/0045 Continued
ANALYSIS
Policies
Policies S2 and S3 of the Adopted Islwyn Local Plan and Policy R2 of the UDP favour the enhancement of existing retail centres by means of appropriate redevelopment. It is considered that the proposed development would significantly enhance Risca town centre and the general environment through the regeneration of what is at present a redundant derelict listed building.
Policy CF1 of the Adopted Islwyn Local Plan and Policy CF1 of the UDP encourage the development of new community facilities where they are appropriately located and have good access. The proposed new library facility within the complex would satisfy the criteria of these policies.
Policy CE8 of the Adopted Islwyn Local Plan and Policy HE2 permit develop affecting listed buildings only where it would preserve the character of the building and it’s setting. It is considered that the maintenance of the landmark front entrance block of the cinema, considered to be the most important part of the listed building, against the backdrop of a modern building which complements rather than detracts from it, complies with the essence of these policies. The demolition of part of the listed building is addressed in the report on the listed building application (P/06/0046).
The massing and design of the proposed development is considered to be appropriate to its location and relationship with the retained part of the listed building. However, the proposed facing brick to part of the side and rear elevations would be out of keeping with neighbouring developments, and it is recommended that a condition be attached to any permission requiring the details of external materials to be agreed.
The comments of Chief Engineer (Highways) would be incorporated as conditions on any permission. It also seems likely that further footway alterations to the front of the development, including widening, would be required to enable level access to the front of the new building, since the floor level needs to be raised relative to the existing footway by 300mm to avoid the risk of flooding. Such details would be required to be agreed before development commences by means of a condition.
Environment Agency (Wales) has no objection subject to the development being carried out in accordance with the assessment of flooding consequences submitted by an engineering consultant on behalf of the applicant, required on the basis of the site being within a flood risk zone C1. The floor level of the building would need to be at a specified minimum height as indicated above.
Gwent Police offers advice on the security of the proposed development, including the enclosure of the site by security gates and fencing. If such enclosures are required their design would need to be carefully considered, and it is recommended that a condition be attached to any permission requiring details of all enclosures to be agreed.
Cont….
Application No. P/06/0045 Continued
No representations have been received from the public. It is not considered that the development would impact on any neighbouring properties with the exception of the two- storey building adjoining the northern boundary of the development. The property comprises an A3 takeaway use on the ground floor with accommodation above. The first-floor accommodation is not currently occupied residentially but traditionally the first-floor of such premises would comprise a residential flat. The proposed development close to the boundary would enclose the rear of the neighbouring premises to a certain extent, but the property has an open outlook to the rear and the standards of residential amenity expected in a commercial area would not be as high as those expected in a predominantly residential area. It is not considered, therefore, that the impact on the neighbouring property would be so serious as to warrant a refusal of permission.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission relates to the amended drawings received on the14th March, 2006. (3) Notwithstanding the submitted drawings, before works commence on site details of a widening of the footway fronting the adjoining Baptist Church, and of any widening and alterations in levels required to the footway fronting the development, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details before the building hereby approved is first occupied. (4) Notwithstanding the submitted drawings, before works commence on site details of the layout of the rear service yard shall be submitted to and approved in writing by the Local Planning Authority. The service yard and the parking spaces adjoining the building shall be constructed and laid out in accordance with these approved details before the building hereby approved is first occupied. (5) All deliveries and servicing of the building shall take place from the rear service yard. (6) The floor levels of the development shall be in accordance with the details contained in the letter dated the 26th April, 2006 prepared by Chris Dartnell. (7) Notwithstanding the submitted drawings, before works commence on site details of the external materials of the proposed building shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details. (8) Notwithstanding the submitted drawings, before works commence on site details of the renovation of the front façade of the retained cinema entrance block shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details. (9) Before works commence on site details of all boundary enclosures to be constructed shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details.
Cont…. Application No. P/06/0045 Continued
(10) Before works commence on site a comprehensive scheme for the foul, surface water and land drainage of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details. (11) Before works commence on site details of any air conditioning units, extraction flues or fan units shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the approved scheme, in the interests of visual amenity. (3-5) In the interests of highway safety. (6) To minimise the risk of flooding. (7&8) In the interests of visual amenity and the protection of the character of the listed building. (9) In the interests of visual amenity. (10) To secure the satisfactory drainage of the development. (11) In the interests of visual and residential amenity.
Advisory Note
The comments of Dwr Cymru/Welsh Water, Chief Engineer (Drainage), Chief Environmental Health Officer and Gwent Police are attached and are brought to the applicant’s attention.
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policies D1 and D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan are of relevance to conditions attached to this permission.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0046 Johnsey Estates, Redevelop site for food store, retail 17/01/06 Leeway Industrial Estate, and offices at ground floor and Spytty Road, library at first floor at Old Palace Newport. Cinema and 75a, 75b, 75c, Tredegar Street, Risca, Newport.
APPLICATION TYPE: LISTED BUILDING CONSENT
SITE AND DEVELOPMENT
Location: The site is located on the western side of Tredegar Street at the southern end of the Tredegar Street shopping area.
Site description including area and locality: The site comprises a former cinema with attached single-storey shop units to either side, which have been vacant for a number of years. The site also incorporates vacant land to the south of the cinema, which formerly contained two units fronting Tredegar Street and a works building behind, and a dwelling adjoining the northern side boundary. To the north of the site are traditional two-storey shop units (predominantly terraced), and to the south a Baptist Church. On the opposite side of Tredegar Street are the Police Station and Tredegar Grounds open space, and to the rear of the site is the Risca R.F.C. ground.
Development: Permission is sought for listed building consent for the redevelopment of the site for a food store, other retail and office uses on the ground floor, with public library above. Listed building consent is required since the development involves the partial demolition, and alteration and extension in a manner likely to affect its character of the listed former Palace Cinema. The Cinema was listed (Grade II) in 1999 for its interest as one of the earliest purpose-built cinemas in Wales and for group value with adjoining buildings.
The proposal comprises the retention of the cinema entrance block fronting Tredegar Street, and the dwelling to the north, but the units to either side of the cinema entrance block and the auditorium to the rear would be demolished. The frontage of the new side wings would comprise single-storey shop frontages with balustrading reinstated to the units either side of the retained central block. The first-floor element of the proposal would be set back 5m from the frontage. The southern end of the first-floor element would comprise a block with two oriel windows to echo the central oriel window in the cinema façade, and with a curved roof. Between this element and the retained cinema block, and between the retained cinema block and the retained dwelling façade on the northern side, would be infill wings clad with mirror glass and ‘lookalike’ panels. The central part of the development to the rear of the cinema entrance block would incorporate an apex roof.
Cont…. Application No. P/06/0046 Continued
Dimensions: The building would have a frontage of 34m to Tredegar Street. The food store on the southern side of the cinema entrance block would be 28m deep, the remainder of the development having a depth of 21m. The pitched roof over the central part of the development would have a height of 10.6m to the ridge (similar in height to the existing auditorium), and the curved roof over the southern wing of the library would have a maximum height of 8m.
Materials: Mirror glass and ‘lookalike’ panels to front elevation of the first-floor wings; natural slate cladding and render to the front elevation of the library block at the southern end; coloured render and brickwork to the side and rear elevations; standing seam aluminium roof.
Ancillary development: Service road to southern side of building with ten car parking spaces, and a rear service yard with ten parking spaces and a lorry turning area.
PLANNING HISTORY
Reference No. Description Decision Date 2/9042 Retail, offices, storage with underground Refused 31/07/98 car park
POLICY
(b) Site Allocation
Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope and the Risca/Pontymister Shopping Core Area.
Council Approved UDP: The site lies within the settlement boundary and the Risca/Pontymister Retail Area boundary.
(b) Policies:
Development Plan: Adopted Islwyn Local Plan – Policies D1-D6 (design of the built environment) and CE8 (listed buildings).
Council Approved UDP: Policies DC1 (development criteria), HE2 (listed buildings) and HE3 (demolition of listed buildings).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
Cont…. Application No. P/06/0046 Continued
CONSULTATION
The Royal Commission on the Ancient and Historical Monuments of Wales advises that the demolition of the building would be a loss to the built heritage of the region. If permission is granted the Commission would wish to make a record of the building before demolition.
The Victorian Society objects to the demolition on the basis that no evidence has been proffered to demonstrate that this is the only viable option.
Glamorgan Gwent Archaeological Trust advises that a record should be made of the structure by a qualified building historian before works commence on site.
The Cinema Theatre Association (not a statutory consultee) objects to the demolition on the grounds that a case has not been made.
ADVERTISEMENT
(b) Extent of advertisement: Three neighbouring properties were notified by letter, and the application was advertised by means of site and press notices.
(b) Response
Number of letters: None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policy CE8 of the Adopted Islwyn Local Plan and Policy HE2 of the UDP permit development affecting listed buildings only where it would preserve the character of the building and its setting. Policy HE3 of the UDP states that the demolition of listed buildings will not be permitted unless the building is unsafe and cannot be made sound for technical or economic reasons.
In this case the building was listed for its interest as one of the earliest purpose-built cinemas in Wales (erected just before the First World War) and for its group value with surrounding buildings. Insofar as its historic importance is concerned, while the purpose-built auditorium inevitably forms part of the building’s significance in this respect, the listed building description refers only to “pitched roof auditorium” and the reference to the interior of the building merely states “used as a bingo hall and subsequently disused; seating reported as removed”.
Cont…. Application No. P/06/0046 Continued
The auditorium has a plain exterior and an internal inspection has revealed that while original features such as the barrelled ceiling and cornices, and some original doors, remain, few other original features are apparent and the building is in an extremely poor state of repair. It is considered that the cinema entrance block, which is to be retained, is the more important element of the structure by virtue of its architectural style and detailing.
Insofar as the importance of the building for its group value is concerned, it is again considered that the cinema entrance block fronting Tredegar Street is by far the more important element of the structure. The auditorium was, until adjoining buildings to the south were demolished, largely hidden from view. This building has been vacant and in a poor state of amenity for many years.
For these reasons it is considered that the partial demolition of the listed building is considered to be acceptable.
It is considered that the proposed works of redevelopment and extension would complement the landmark front entrance block of the cinema, providing the backdrop of a modern building with plain facades that do not compete with the detailing of the listed building. However, it is considered that the proposed facing brick to part of the side and rear elevations would be out of keeping with the listed building and neighbouring developments, and it is recommended that a condition be attached to any consent requiring the details of external materials to be agreed. It is also considered that a condition should be imposed requiring details of the restoration work to the retained cinema façade to be agreed, in order to ensure that all original details are retained.
RECOMMENDATION that the application be referred to CADW with the advice that the Local Planning Authority is minded to grant permission for the proposed development subject to conditions (see below), and that subject to no objection being received from Cadw, permission be granted subject to the following conditions:-
(1) This permission relates to the amended drawings received on the 14th March, 2006. (2) Notwithstanding the submitted drawings, before works commence on site details of the external materials of the proposed building shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details. (3) Notwithstanding the submitted drawings, before works commence on site details of the restoration of the front façade of the retained cinema entrance block shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details.
The reasons for the Council’s decision are:-
(1-3) In the interests of the character and appearance of the listed building.
Cont…. Application No. P/06/0046 Continued
Advisory Note
The comments of the Royal Commission on the Ancient and Historical Monuments of Wales are attached and are brought to the applicant’s attention. It should be noted that it is a statutory requirement that the Royal Commission is given notice of the works of demolition to enable its officers to record the building.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0077 Howses Trad Homes, Erect residential development on 18/01/06 17 Mount Pleasant Terrace, land adjacent to St. Lukes Church, Pontywaun, Abercarn, Newport. Crosskeys, Newport.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: The application site forms part of the grounds of St. Luke’s Church in Abercarn, a listed building set in extensive grounds on the hillside to the north east of the village centre below the Llanfach housing estate.
Site description: The site is an area of open land that runs between the northern entrance to the church grounds and the church itself. It slopes steeply down from east to west, and there is woodland to the east that is protected by a tree preservation order.
Development: Outline planning permission is sought for residential development with all matters reserved for further approval. In view of the potential impact of the development on the listed building, the applicants have submitted an illustrative plan showing how they envisage the scheme being carried out. It shows eight houses – a terrace of four and two pairs of semis – running from north to south and curving behind the church. An access road would run along the front of the dwellings and parking would be provided in the front gardens. Materials would consist of a mixture of render and stonework.
The proposed development is linked to a renovation of the church by converting it to six flats, which is the subject of two other applications (P06/0555 and P/06/0556) that will be reported to members in due course.
Dimensions: Site area is approximately 0.4 ha., and a development of eight houses would represent a relatively low density.
PLANNING HISTORY
Ref. Development Decision Date 2/8836 Change use of church to residential nursing home Withdrawn 1989
POLICY
(a) Site Allocation Development Plan: The site is within the settlement envelope for Abercarn defined within the Adopted Islwyn Local Plan.
Cont…. Application No. P/06/0077 Continued
Council Approved UDP: The site is within the settlement boundary for Abercarn.
(b) Policies
Development Plan: Adopted Islwyn Local Plan Policies H3 (design of new residential development|), H5 (settlement envelopes), CE3 (protection of trees and woodland), CE8 (protection of listed buildings), WFS1 (windfall sites) and D1 – D10 (design criteria for new development) are relevant to the consideration of this application.
Council Approved UDP: Policies DC1 (standard development control criteria), DC2 (settlement boundary), H2 (development on unallocated sites), C13 (trees, woodlands and hedgerows), HE1 (protection of historic environment) and HE2 (setting of listed buildings) are relevant to the consideration of the application along with Development Design Guide 1 – Building Better Places.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objections subject to conditions concerning the design of the access and the road serving the development, the provision of adequate parking, and the provision of adequate pedestrian facilities and street lighting.
Chief Engineer (Drainage) has no objections subject to a condition concerning drainage, and he provides advice to the developer on drainage matters.
Chief Environmental Health Officer has no objections subject to conditions concerning the importation of soil.
Dwr Cymru/Welsh Water has no objections subject to conditions concerning drainage. Advice is provided about the provision of a water supply.
ADVERTISEMENT
(a) Extent of advertisement: The application has been advertised on site, in the press and by direct consultation of neighbouring properties.
(b) Response
Number of letters: One letter bearing ten signatures has been received.
Cont…. Application No. P/06/0077 Continued
Summary of objections: There are no objections to the proposal subject to the following comments:-
• they are concerned that the church, which is a listed building that contributes to the character of the area, will be allowed to fall into a state of disrepair, • there is a discrepancy between the number of dwellings shown on the plans and stated on the application form, • there should be no removal of trees.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
The application is in outline and so the appropriate time to consult the Police on secure by design issues is when the detailed scheme is submitted. At that point, as far as is reasonably possible, the scheme can be designed to reduce the likelihood of crime and disorder. The church has suffered extensive vandalism over the years, and the introduction of housing adjacent to it will introduce surveillance that should reduce that problem. Further, the development will enable to restoration of the church for residential purposes, thereby removing it as an attraction for vandals.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policies:
The site is within the settlement in both the Adopted Islwyn Local Plan and the Council Approved UDP and so there are no objections in principle to the proposal. The main issue is the impact of the development on the setting of the listed building; the Local Planning Authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
At present, although it is within the heart of the village, the church is isolated because it is within extensive and partially wooded grounds. The introduction of the housing close to the church will inevitably change the character of its setting but this should be balanced against the benefit to the building that will arise from allowing development that will enable its restoration and refurbishment for residential purposes. Therefore, on balance and in principle it is considered that the benefits of allowing the change in the character of the setting outweigh any disbenefits.
Cont….
Application No. P/06/0077 Continued
The illustrative plans submitted show that it is possible to design a scheme that is sympathetic to the character of the church. It will require further revision to take account of highway requirements, but it is evident that a sympathetic development is feasible. The church would still retain a dominant position within the site and the majority of its curtilage to the west and south would remain undeveloped.
The trees that are protected by the TPO are largely outside the application site and there would be no need to remove them to allow the development to take place. Conditions should be imposed to ensure that the development does not affect the trees
As a windfall housing site, the development would fit in with the surrounding development, which is predominantly housing. There are no other policy issues that would militate against this proposal.
Comments from consultees:
The comments from consultees can be accommodated by condition. Dwr Cymru/Welsh Water requests that conditions are imposed about drainage, but these matters can be controlled under its own legislation. It draws attention to a sewer that crosses the site, which may have to be diverted before the development takes place, and this information can be passed to the developer as an advisory note.
Comments from public:
No objections are raised by the members of the public who have written, but there are points of detail that are of concern to them. The development is part of a larger scheme that includes the refurbishment of the church for residential purposes. It is not intended to cut down any trees. The number of dwellings will be agreed at the reserved matters stage.
Other material considerations:
As stated above, the listed building has suffered considerable vandalism, and therefore a scheme that enables its refurbishment is welcomed. However, safeguards must be implemented to ensure that the development is sympathetic to the character of the church and its setting, and to ensure that both the housing and the refurbishment of the church are carried out. To those ends, a Section 106 Agreement would be appropriate that would require the following. The development should be carried out by a single developer, which will make it more likely and easier to ensure that a sympathetic and consistent form of development is carried out. Secondly, the housing development should not be occupied until the external fabric of the church has been made sound and weatherproof in accordance with an agreed schedule.
RECOMMENDATION that (A) that the application be DEFERRED to allow a Section 106 Agreement to be completed with regard to a single developer of the site, and tying the housing development to the refurbishment of the church; subject to the satisfactory completion of the Agreement (B) that Permission be GRANTED subject to the following conditions:-
Cont…. Application No. P/06/0077 Continued
(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced (2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) Prior to the commencement of work on site, a range of material shall be agreed with the local planning authority for the external finishes of the dwellings, roads, footways, means of enclosure and any other structure or works associated with the development hereby approved. The development shall be carried out in accordance with the agreed materials. (6) This permission does not grant any consent for any works to trees protected by Caerphilly County Borough Council Tree Preservation Order No. 6. Prior to the commencement of work on site a scheme for the protection of the retained trees (Section 7, BS 5837, The Tree Protection Plan) on the relevant site shall be agreed in writing with the Local Planning Authority. This scheme shall include:-
(a) A plan to a scale and level of accuracy appropriate to the proposal that shows the position, crown spread and Root Protection Area (para. 5.2.2 of BS 5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan. (b) The details of each retained tree as required at para. 4.2.6 of BS 5837 in a separate schedule. (c) A schedule of trees works for all the retained trees in paragraphs (a) and (b) above, specifying pruning and other remedial or preventative works, whether for physiological, hazard abatement, aesthetic or operational reasons. All tree works shall be carried out in accordance with BS 3998, 1989 Recommendations for tree works. (d) Written proof of the credentials of the arboricultural contractor authorised to carry out the scheduled tree works. (e) The details and positions (shown on the plan at paragraph (a) above) of the Ground Protection Zones (Section 9.3 of BS 5837). (f) The details and positions (shown on the plan at paragraph (a) above) of the Tree Protection Barriers (Section 9.2 of BS 5837) identified separately where required for different phases of construction work (e.g. Demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase. No works shall take place on the next phase until the Tree Protection Barriers are repositioned in that phase.
Cont….. Application No. P/06/0077 Continued.
(g) The details and positions (shown on the plan at paragraph (a) above) of the Construction Exclusion Zones (Section 9 of BS 5837). (h) The details and positions (shown on plan at paragraph (a) above) of the underground service runs (Section 11.7 of BS 5837). (i) The details of any changes in levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS 5837) of a retained tree, including those on neighbouring or nearby ground. (j) The details of any special engineering required to accommodate the protection of retained trees (Section 10 of BS 5837 e.g. In connection with foundations, bridging, water features, surfacing). (k) The timing of various phases of the works or development in the context of the tree protection measures, (l) The applicant shall give written notice to the Local Planning Authority of five days prior to carrying out the approved tree works and any operations that present a particular risk to trees (e.g. demolition within or close to an Root Protection Area, excavations within or close to a Root Protection Area, piling carnage) in order that the works may be supervised on site.
The following activities must not be carried out under any circumstances:-
i. No fire shall be lit within 10 metres of the nearest point of the canopy of any retained tree. ii. No works shall proceed until the appropriate Tree Protection barriers are in place, with the exception of initial tree works. iii. No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained dire. iv. No mixing of cement or use of other materials or substances shall take place within the Root Protection Area, or close enough to a Root Protection Area that seepage or displacement of those materials or substances could cause them to enter an Root Protection Area. v. No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior approval of the Local Planning Authority.
(7) Prior to the commencement of work on site a scheme for the drainage of surface water, foul drainage and land drainage shall be submitted to an agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed details. (8) Where any topsoil or similar material is imported to the site in association with the development hereby approved, it shall be subject to a scheme of testing and treatment that shall be first agreed in writing with the Local Planning Authority.. (9) A scheme of dust control and a scheme of debris control to prevent material being deposited on the highway shall be implemented during the construction of the development hereby approved in accordance with details that shall be agreed in writing with the Local Planning Authority. (10) This permission does not grant any consent for development as shown on Drawings 798P4A, 798P5 and 798P6 submitted by the agent in support of the application.
Cont….. Application No. P/06/0077 Continued.
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5) In the interests of visual amenity and the character and setting of the listed building. (6) In the interests of the visual amenity of the area. (7) To ensure that satisfactory drainage of the site. (8) To prevent pollution. (9) To prevent pollution and in the interests of highway safety. (10) For the avoidance of doubt as to the extent of this consent.
Advisory Note
The comments of the Chief Engineer (Highways and Drainage), Chief Environmental Health Officer, and Dwr Cymru/Welsh Water are brought to the developer's attention. The developer is advised to discuss the scheme with the Police Architectural Liaison Officer to incorporate schemes by design principles.
Development plan policies relevant to conditions: The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan, and the Council Approved Unitary Development Plan. Policy CE8 of the Local Plan, and Policy HE2 of the Council Approved Unitary Development Plan are relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0125 Mr. J. Roberts, Erect one detached dwelling on 02/02/06 c/o Oakdale Design Wales Limited, Land at Manmoel Road, (Mill Regency Buildings, House), Croespenmaen, Crumlin, North Road, Newport. Newbridge, Newport.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The site lies to the east of the Bevin Boys development, which is currently under construction, between Manmoel Road and Parkway.
Site description including area and locality: The application site comprises a narrow triangular-shaped area of land tapering to its northern end. The site formerly contained a dwelling (Mill House) and now comprises an overgrown relatively flat area of land above the level of Manmoel Road and Parkway. The site is retained on the Manmoel Road frontage by a stone wall and contains a number of small trees on the boundary. To the west of the site is the Bevin Boys residential development, to the south a vacant site on which permission has recently been granted for the erection of a pair of semi-detached dwellings (P/05/1520) and to the rear (east) a narrow landscaped strip of land sloping down from the site boundary and forming the verge to Parkway, the main access to Penyfan Industrial Estate.
Site area/dimensions: The site is broadly triangular in shape with a length of 37m and a maximum width on the southern boundary of 12.5m, tapering to a point at the northern end.
Development: Application is made for full planning permission for the erection of a two- storey detached dwelling.
Dimensions: The dwelling would be 10m wide x 6.1m deep, with a single-storey side extension of 2.5m square. The dwelling would have a height of 7.4m to the ridge.
Materials: Ground floor - facing brick; first floor - render; concrete roof tiles.
PLANNING HISTORY
Reference No. Description Decision Date 2/9708 Erection of storage building Refused 08/01/91 2/6940 Erection of dwelling Refused 13/05/86
POLICY
(a) Site Allocation Cont….. Application No. P/06/0125 Continued.
Development Plan: Adopted Islwyn Local Plan - the site lies within an Employment Area.
Council Approved UDP: The site lies within the settlement boundary.
(b) Policies
Development plan: Adopted Islwyn Local Plan – Policies D1-D6 (design of the built environment) and H5 (settlement envelopes).
Council Approved UDP: Policies DC1 (development criteria) and H2 (development on unallocated sites), and advice contained in Development Design Guide 1: Building Better Places to Live.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection subject to conditions.
Chief Engineer (Drainage) advises that comprehensive proposals for surface water, foul and land drainage flows from the site should be agreed by the Local Planning Authority in liaison with Dwr Cymru/Welsh Water.
Dwr Cymru/Welsh Water advises that foul and surface water must be drained separately from the site, and that no surface water or land drainage run-off will be allowed to discharge to the public sewerage system.
Chief Environmental Health Officer has no objection subject to a condition concerning the importation of soil.
ADVERTISEMENT
(a) Extent of advertisement: Two neighbouring properties were notified by letter and a site notice was displayed.
(b) Response
Number of letters: None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont….. Application No. P/06/0125 Continued.
ANALYSIS
Policies:
The site lies within the settlement boundary identified by Policy DC2 of the Council Approved Unitary Development Plan. Policy H2 of the Plan states that housing development on windfall and small sites within settlement boundaries will be permitted provided that:-
A Neighbouring land uses will not detract from the residential amenity of the development; and
B The development would not result in insensitive or inappropriate infilling, which would spoil the character of an existing residential area.
The residential development of the site is considered to be acceptable in principle since it lies within the settlement boundary and opposite the Bevin Boys residential development. It also adjoins a site to the south in respect of which permission has been granted for the erection of a pair of semi-detached dwellings (P/05/1520).
The current application as originally submitted was for a pair of semi-detached dwellings occupying a large part of the site with little amenity space over and above the areas designated for off-street parking. It was also considered that the overall massing and design of the scheme would not relate satisfactorily with neighbouring existing and approved developments, or with Parkway, which, is a major access route into the industrial park. Further, the Chief Engineer (Highways) advised that a 2m footway is required along the Manmoel Road frontage of the site, which would reduce further the depth of the site and would render the proposed scheme unachievable.
These issues were raised with the applicant and it was suggested that the site could only satisfactorily accommodate a single dwelling located towards the wider southern end of the site. Amended drawings have been received indicating a detached 3-bedroom dwelling located in the southern part of the site with parking spaces and amenity space in the northern part. The revised scheme makes provision for a 2m footway along the site frontage with Manmoel Road.
It is considered that the massing and design of the revised scheme would be in keeping with neighbouring developments and the general character of the area.
Comments from consultees:
Chief Engineer (Highways) has no objection to the revised scheme. The comments of other consultees are incorporated in the recommended conditions or conveyed to the applicant by means of advice notes.
Cont….. Application No. P/06/0125 Continued.
Comments from public:
No representations received. In terms of residential amenity, it is not considered that the proposed development would adversely impact on the amenities of any existing and proposed dwellings in the vicinity of the site.
The proposal as amended is considered to be in compliance with policies and design guidance and it is recommended that permission be granted.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission relates to the amended drawings received on the 12th April, 2006 for the erection one detached dwelling on the site. (3) The 2m footway along the Manmoel Road frontage of the site shall be completed before the dwelling is first occupied, in accordance with details to be agreed in writing with the Local Planning Authority. (4) The proposed parking area shall be completed in permanent materials, to be the subject of prior agreement in writing with the Local Planning Authority, before the dwelling is first occupied, and shall thereafter be maintained free of obstruction for the parking of motor vehicles only. (5) There shall be no means of access whatsoever onto Parkway. (6) The development shall be drained at all times in accordance with a comprehensive scheme for the foul and surface water and land drainage flows from the site that shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (7) A scheme for the importation to the site, and testing for contamination, of soils and materials, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (8) Prior to the commencement of work on site details of all boundary enclosures shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with these approved details prior to its first occupation.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the approved scheme. (3-5) In the interests of highway safety. (6) To ensure the satisfactory drainage of the development. (7) To prevent contamination of the site in the interests of public health. (8) In the interests of visual amenity.
Cont….. Application No. P/06/0125 Continued.
Advisory Note
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the Unitary Development Plan is of relevance to the conditions attached to this permission.
The comments of Dwr Cymru/Welsh Water, Chief Engineer (Drainage) and the Chief Environmental Health Officer are attached and are brought to the applicant’s attention.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0203 Mr. A.C. Neale, Erect extension to existing 21/02/06 49 High Close, domestic dwelling at 49 High Nelson, Close, Nelson, Treharris. Treharris.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
House type: Two storey semi-detached dwelling.
Locality: The site is within a predominantly residential area within the settlement limits of Nelson. A residential dwelling comprises the other semi-detached dwelling to the south west of the site. To the rear of the property is the large curtilage of a detached dwelling and the grounds of the rectory on High Street. The application property and No. 48 High Close are set at an oblique angle to the dwellings to the north west and at 900 to No. 50 High Close. No. 48 High Close has large patio doors serving a lounge within 1m of the boundary at the rear and both No. 48 and No. 49 are southeast facing.
Development: This is a full application in respect of the erection of a two storey rear and side extension at the property to provide an enlarged kitchen diner, utility room, two bedrooms and an en-suite bathroom. The extension would project out 3.3m from the main rear wall of the dwelling and would project out 2.2m from the side. The width of the extension would be 7.2m and would be finished to match the main dwelling.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/91/0080 Erect residential development Approved 29/05/91 5/5/92/0402 Erect residential development Approved 24/09/92
POLICY
(a) Site Allocation
Development Plan: Adopted Nelson and Treharris Local Plan, the site is identified within settlement limits.
Council Approved UDP: Within settlement limits.
(b) Policies
Development plan: Adopted Nelson and Treharris Local Plan have no specific policies. Cont….. Application No. P/06/0203 Continued.
Council Approved UDP: Council Approved Unitary Development Plan Policy DC1 states that development will be permitted where it can be shown that it is well designed in terms of its setting, scale, density, layout, materials and landscaping.
Guidance Note 2 to the Adopted Development Design Guide 2 for householder development gives advice on the size shape and position of extensions and conservatories.
CONSULTATION
Chief Engineer (Highways) raises no objection.
ADVERTISEMENT
(a) Extent of advertisement: Neighbour notification.
(b) Response: One letter.
Summary of observations:
• The extension would cause loss of light to the rear of his property and would not conform to the 45 degree rule. • The extension will also have an overbearing impact on the amenity of his property. • The extension will be detrimental to the visual amenity of surrounding properties.
ANALYSIS
The development has been considered with regard to current local plan policies and supplementary planning guidance.
The principal planning issues raised by this proposal are the objections, raised by the neighbour. In that regard members are advised that the extension does not adversely affect the direct sunlight enjoyed by the objector given the south east orientation of the dwellings. It should also be noted that the 450 rule is a guideline and regard must be had for the orientation of the dwellings. As stated above the application dwelling and the objector’s property are both south east facing and therefore the sun travels to the front of the house for the majority of the day and over the objector’s property to the application property for the latter part of the day. For the same reasons it is not considered that the proposal would have an overbearing impact on the amenity of the adjacent property. With regard to the effect of the proposal on visual amenity it is suggested that this is the subjective opinion of the objector. The extension is of an acceptable design in planning terms and would not have a detrimental impact on the visual amenity of the surrounding area.
RECOMMENDATION that Permission be GRANTED Cont….. Application No. P/03/0203 Continued.
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The development hereby approved shall be carried out in every respect in accordance with the details of the particulars and drawings of the development accompanying the application hereby approved as amended by the letter and/or drawings received by the Local Planning Authority on the 30th May, 2006.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the approved plans.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0228 Mrs. C. Luther, Continue to use house as residential 21/02/06 Sunrise House, without complying with condition The Countryman Hotel, (3) of P/99/0278 at Sunrise House, Bedwellty, The Countryman Hotel, Bedwellty, Blackwood. Blackwood.
APPLICATION TYPE: NON COMPLIANCE WITH COND
SITE AND DEVELOPMENT
Site description including area and locality:
Location: The manager’s house is located just to the north of the Countryman Hotel, which itself is to the east of Bedwellty at the junction of Pen Heol-Shenkyn and Heol Tynewydd. The former Countryman Inn Public House (recently granted planning permission for change of use to residential) is within the same curtilage and utilises the same access.
Development: The removal of Condition (3) attached to planning permission Ref. No. P/99/0768 that states:-
“The occupation of the dwelling shall be limited to a person solely or mainly employed at the adjacent Countryman Inn and Hotel, including any dependents of such a person residing with that person.”
In response to a request for information about the background to the hotel and public house, and the reason for the current application, the applicant has supplied the following:-
• The business was established in 1990 with the opening of the pub. The hotel was constructed and opened in a phased manner in 1992 and 1993. Originally opening as a limited company in 1990. That company ceased trading and the applicant took over the running of the business as a sole proprietor in 1993. The business consisted primarily of the three departments all relying upon each other, the pub/restaurant, the hotel accommodation and the function suite where we primarily catered for weddings and private functions. During the period 1993 to 1999 the business grew particularly on the strength of weddings that became a multiple weekly feature. • During 1999 the Local Authority announced a feasibility study for the removal of the tip in Aberbargoed and it was announced on the front page of the press that the countryside surrounding The Countryman was being considered as a possible location for the removed waste. The result for wedding trade was immediate and devastating.
Cont….
Application No. P/06/0228 Continued
• The announcement in the local press that a feasibility study was being examined for the removal of the Aberbargoed tip with the Countryman being considered as a possible location for the removed waste. Virtually all of the following year weddings were cancelled one by one as people became aware of the threat that The Countryman could be located in the middle of black waste ground. The loss was not just in weddings, but also in accommodation, food and bar trade that would normally come along with it. • The introduction of Wetherspoons to Blackwood High Street was also a major negative event. It has become the fashion for people to get their cheap drinks at Wetherspoons early evening before moving on much later to other venues. • Because of the immediate drop in revenue forecast for the year ahead the business stopped trading as a sole proprietor and formed Countryman Inns Ltd. to carry on trading the business. • People going abroad for weddings. • Foot and mouth epidemic played a significant part, with a large drop in business clientele in the area. • During the early months of 2005 the Countryman Inns Ltd. was trading against the odds and in an insolvent position. The company was closed in May 2005. • With the closure of the Inn there was not a restaurant available for hotel guests making them look elsewhere. This illustrated the dependence of all three businesses on each other. • In August, 2005 the hotel closed. • During the period 2004 to 2005 the pub and hotel were on the market with two agents who introduced the books and figures to a few interested parties but without securing a sale. • In July, 2005 the operator of the Maes Manor hotel was approached about the possibility of them running the business as additional accommodation to their own. After studying the books and considering the case they declined.
Ancillary development, e.g. parking: Parking would be provided within the curtilage of the house, and access is gained via the main access to the existing hotel and the former public house.
PLANNING HISTORY
Reference No. Description Decision Date 2/12491 Erection of dwelling for hotel Granted on January, 1996 proprietor at the Countryman Inn Appeal and Hotel P/99/0278 Erect Manager’s dwelling Approved 23/09/99 P/01/0317 Erect Manager’s dwelling Approved 31/05/01
Cont….
Application No. P/06/0228 Continued
POLICY
(a) Site Allocation
Development Plan: Outside settlement limits in the Adopted Islwyn Local Plan.
Council Approved UDP: Outside settlement limits.
(b) Policies:
Development Plan: Policies H5 (identification of settlement limits) and H6 (permanent dwellings in the countryside).
Council Approved UDP: Policies DC1 (general development control criteria) and DC2 (development beyond settlement limits).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) raises no objection subject to a condition requiring the provision of a minimum of three off-street car parking spaces within the curtilage of the site.
Chief Environmental Health Officer raises no objection on the understanding that the adjacent Countryman Hotel is granted planning permission for change of use to a residential home. If the hotel were to remain then the occupiers of the manager’s house could be exposed to potential noise nuisance from functions at the hotel. Should the hotel remain an entertainment/function venue the Division would have concerns about the proposal but would recognise the difficulty of objecting to the proposal on those grounds.
ADVERTISEMENT
(a) Extent of advertisement: Site Notice posted near the site.
(b) Response: None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont…. Application No. P/06/0228 Continued
ANALYSIS
Local and national planning policies concerning the erection of new dwellings beyond settlement limits and in the countryside normally restrict such dwellings to those essential for agriculture and forestry.
Following the refusal of planning permission in 1995 for the erection of a dwelling for hotel proprietor at the Countryman Inn and Hotel, a Planning Inspector, when considering an Appeal against that refusal, determined that the circumstances of the case were so unusual that they justified the principle of the erection of a dwelling in the countryside where one would not normally be permitted.
The Inspector granted planning permission subject to conditions, one of which was an occupancy condition. Two subsequent planning applications (Ref. P/99/0278 and P/01/0317) for a manager’s house were granted permission (because there had been no change in the planning circumstances), again subject to an occupancy condition. It is this condition that the current application seeks to remove. The condition restricts the occupancy of the dwelling to a person solely or mainly employed at the adjacent Countryman Inn and Hotel.
In February this year Committee granted planning permission (Ref. P/05/1582) for the change of use of the Countryman Inn from a public house to a residential use on the basis of the relevant policy in the Caerphilly Approved Unitary Development Plan.
Another planning application (Ref. P/06/0280) that has been submitted (and is also reported to this Committee) seeks permission to demolish the existing Countryman Hotel and construct a 50 bed residential care home. If planning permission is granted for this development then the hotel could be demolished and the final link to the occupancy condition would be removed. Even if the hotel remains, it could be argued that it no longer requires supervision by a manager living in close proximity. It is not uncommon for modern hotels/motels to operate without resident staff either on the premises or close by.
Taking into account the planning background to the Countryman Inn Public House and Hotel, the closure of both the Inn and the Hotel as described by the applicant, and the increasing trend for some hotels/motels to operate without resident staff, it is considered reasonable to allow the removal of the occupancy condition.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following condition:-
Within two months of the date of this permission a scheme shall be submitted to and approved in writing by the Local Planning Authority providing three car parking spaces within the curtilage of the property. The car parking spaces shall thereafter be provided in accordance with the approved scheme within six months of the date of this consent..
Cont…. Application No. P/06/0228 Continued
The reason for the Council’s decision is:-
In the interests of highway safety.
Advisory Note
Development plan policies relevant to conditions: Policy DC1 and DC2 of the Council Approved Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0237 Mr. J. Perry, Erect detached house and detached 22/02/06 C/o Mr. J. Payne, garage on Plot 2, development Cwmffynnon Cottage, behind Chez Nous, Newbridge. Twyn College, Newbridge.
APPLICATION TYPE: RESERVED MATTERS
SITE AND DEVELOPMENT
Location: The application site is to the north of Homeleigh, Newbridge and accessed between two existing properties known as Chez Nous and Hillcrest.
Development: Reserved matters approval is sought for the erection of a four bedroom detached house with a detached double garage. The building would be located centrally within the plot, and would have garden to the front, side and rear. Access to Homeleigh would be from a newly constructed road that serves the other four plots within this small development. Materials would consist of brickwork and tiles.
Dimensions: The plot is roughly triangular in shape with a maximum length of 37.5m, and a maximum width of 32.5m. The dwelling itself would have a footprint of 11.2m x 12.5m, and a ridge height of 9.6m.
PLANNING HISTORY
Reference No. Description Decision Date P/00/1129 Residential development (outline) Approved 08/03/01 P/02/1054 Access road and four plots Approved 16/06/03 P/04/0120 Variation of conditions Approved 25/03/04
POLICY
(a) Site Allocation
Development Plan: The site is outside the settlement defined in the Adopted Islwyn Local Plan.
Council Approved Unitary Development Plan: The site is within an area shown as a housing commitment (HC40).
(b) Policies: Development Plan: Adopted Islwyn Local Plan policies H3 (design of new housing) and D1 to D10 (design policies) are relevant to this proposal.
Cont………. Application No. P/06/0237 Continued.
Council Approved UDP: Policy DC1 (standard development control criteria) and DDG1 Building Better Places are relevant.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the proposal have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objections subject to the provision of the parking prior to the first occupation of the dwelling.
Chief Engineer (Drainage) has no objection but provides advice to the developer about surface water drainage.
Chief Environmental Health Officer has no objections subject to conditions concerning contamination.
Dwr Cymru/Welsh Water has no objection subject to conditions concerning drainage.
ADVERTISEMENT
(a) Extent of advertisement: Seven neighbouring properties were consulted.
(b) Response:
Number of letters: Two letters have been received objecting to the proposal.
Summary of objections:
• Concern about the height and siting of the dwelling within the plot and the loss of sunlight. • Loss of view. • Water and debris running down the access road into the main road. • A land drain at the site also causes problems during heavy rain. • Construction work on the access road and services has already caused dirt and dust problems, and the estate road has been very dirty and dusty.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
This single property will not affect crime and disorder directly, but the applicants will be advised to adopt secure by design principles in the construction of their dwelling.
Cont………. Application No. P/06/0237 Continued.
EU HABITATS DIRECTIVE
Does the development affect any protected species? No.
ANALYSIS
There are no objections in principle to this proposal bearing in mind the planning history of the site. One house is already under construction in accordance with previous approvals. The only issues to consider are those raised by the local residents. The proposed house is in proportion with the plot, and although it will be at a higher level than the neighbouring properties, it will be a sufficient distance away from them not to cause any loss of daylight or privacy, or have an overbearing impact from a planning point of view. In the short term, the property will be a new and prominent feature but one that will be acceptable in planning terms. The rear of the dwelling will face the side of the objector’s property in Homeleigh and there will be no significant side windows in the new dwelling facing those neighbours. A condition concerning levels could be imposed to alert the Local Planning Authority should any significant changes be proposed.
Concerns about land drainage and pollution during construction can be addressed by condition, although it should be borne in mind that all development sites generate a certain amount of dust.
The issues raised by statutory consultees can also be addressed by condition or are already addressed by conditions on the outline permission, but those mentioned by Dwr Cymru/Welsh Water can be controlled under its own legislation.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The parking facilities and means of access thereto approved as part of this development shall be provided prior to the first occupation of the dwelling hereby approved. (2) The development shall be carried out in accordance with a scheme of dust control and to prevent material being deposited on or washed onto the highway that shall be agreed in writing with the Local Planning Authority. (3) Prior to the occupation of the dwelling hereby approved details of any necessary land drainage within the confines of the application site shall be carried out in accordance with a scheme that shall be agreed in writing with the Local Planning Authority. (4) Unless otherwise agreed in writing with the Local Planning Authority, prior to the commencement of work on site a scheme to deal with the contamination of the site shall be submitted to and approved in writing by the Local Planning Authority. That scheme shall include a ground investigation and a risk assessment to identify the extent of contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme.
Cont………. Application No. P/06/0237 Continued.
(5) Unless otherwise agreed in writing with the Local Planning Authority, no building approved by this permission shall be occupied until a report has been submitted to and approved in writing by the Local Planning Authority which verifies that the required works have been undertaken in accordance with the remediation strategy. (6) Unless otherwise agreed in writing with the Local Planning Authority a scheme for the importation to the site, and testing for contamination, of soils and materials shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (7) Prior to the commencement of work on site details of the finished floor levels of the dwelling in relation to the existing site levels and points off site shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed details.
The reasons for the Council’s decision are:-
(1) To ensure the provision of adequate parking. (2) To prevent pollution during construction. (3) To ensure satisfactory land drainage. (4-6) To prevent pollution. (7) To retain effective control of the development.
Advisory Note
The comments of the Chief Engineer (Drainage), Chief Environmental Health Officer and Dwr Cymru/Welsh Water are brought to the applicant’s attention along with the conditions on planning permission P/06/0237 which must be complied with. You are also advised to contact the Police Architectural Liaison Officer to discuss the appropriate security measures that could be incorporated into your new dwelling.
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to the conditions imposed on this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0277 Mr. R. Willner, Erect detached garage on land 03/03/06 April Cottage, opposite April Cottage, White White Hart Drive, Hart Drive, Machen, Caerphilly. Machen, Caerphilly.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The house and major part of the property are located on the south side of White Hart Drive, Machen, and the proposed garage would be constructed on the area of tree-lined open space separated from the house by White Hart Drive. The north boundary abuts the south side highway verge of the main road through Machen, the A468.
House type: The existing is a large detached house with large paved area immediately to the front of the house. The curtilage includes a slightly smaller area of tree-lined open space separated from the house by White Hart Drive.
Development: The garage would be of the scale of a double garage, but the applicant has indicated that he intends to use the garage to park his ‘classic’ car. The proposal includes a retaining wall at the sides and to the rear of the garage where the land is higher than road level. The originally submitted plans were found to be inaccurate; therefore the applicant subsequently submitted an amended site location plan, which was received on the 15th May 2006.
Dimensions: The plans indicate the garage would be 6.5m in length and 6.35m wide. It would be a height of 4.5m at the ridge.
Materials: Plans indicate a concrete tiled roof, and smooth render blockwork walls.
PLANNING HISTORY
There is no recent planning history.
POLICY
(a) Site Allocation
Development Plan: Mid Glamorgan Structure Plan - not allocated.
Council Approved UDP: Land within settlement boundary, not allocated. Cont….
Application No. P/06/0277 Continued
(b) Policies
Development Plan: None specific in the Mid Glamorgan Structure Plan.
Council Approved UDP: DC1 (development criteria) and DC4 (supplementary planning guidance); Development Design Guide 2 - ‘Householder Developments’.
CONSULTATION
Chief Engineer (Highways) has no objection subject to conditions, and makes comments of which the applicant should be advised.
Bedwas, Trethomas and Machen Community Council raise no objection.
ADVERTISEMENT
(a) Extent of advertisement: A site notice and two neighbours notified.
(b) Response
Number of letters: Two.
Summary of objections: Both neighbours express concerns about the potential for losing the turning head to a parked car, and the resultant inconvenience and detriment to highway safety that reversing along the road would create. In addition, one neighbour is concerned about the potential for vehicles emerging from the garage doorway into the path of on-coming vehicles on White Hart drive.
ANALYSIS
Policies:
The garage would be located near the end of the cul-de-sac and adjacent to the turning head. The strip of land, upon which the applicant intends to build the garage, is physically separated from the major part of the curtilage on which the dwelling sits. This strip of land, which extends alongside the length of White Hart Drive, would appear to be in the ownership of the dwellings immediately opposite and form part of each curtilage, albeit separated from each other by the road. For the most part, these areas are tended by the owners in the manner of a part of the front garden of each property. It is an attractive area, which adds to the character of the surroundings, and raises the level of visual amenity.
Comments from consultees: In respect of the neighbours’ comments, firstly, it should be acknowledged that the presence of the garage would not necessarily result in cars parking in the turning head any more than is the case currently. Secondly, the Chief Engineer is satisfied that the proximity of the garage doors to the edge of the highway would not compromise highway safety. Cont…. Application No. P/06/0277 Continued
Other material considerations:
All but one of the separated plots are free from any outbuildings, and this also contributes to the openness and rural character of the area. There is one small existing garage, erected on the adjacent plot, which has been in situ for many years, and is probably now exempt from any action by the Local Planning Authority. However, even a garage of that scale would probably be considered to be inappropriate at this location if an application was received.
Taking all these matters into account, the proposed garage, by virtue of the location, would be considered to be detrimental to the rural nature of the cul-de-sac, and not in sympathy with the surroundings. In addition the garage, because of its scale (the ridge height would be almost twice that of the neighbouring garage), would be dominant in the street scene to the detriment of visual amenity. The Council’s development design guidance indicates that garages and outbuildings should not normally be in front of dwellings, and should not be dominant in relation to existing and surrounding properties.
RECOMMENDATION that Permission be REFUSED
The reason for the Council’s decision is:-
The proposal conflicts with Policy DC1 of the Council Approved Unitary Development Plan 1996 - 2011, and the supporting Supplementary Planning Guidance - Development Design Guide No. 2 - Householder Developments, March 2006. It would, by virtue of its scale and position, dominate and detract from the basic character of the cul-de-sac, and would be an incongruous element in the street scene, and the surroundings, to the detriment of visual amenity.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0280 Mr. E.M. Luther, Construct a fifty bed residential 06/03/06 Sunrise, care home at The Countryman The Countryman Hotel, Hotel, Bedwellty, Blackwood. Bedwellty, Blackwood.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Site description including area and locality:
Location: The Countryman Hotel is located to the east of Bedwellty at the junction of Pen Heol Shenkyn and Heol Tynewydd. The former Countryman Inn Public House (recently granted planning permission for change of use to residential) and the existing Hotel Manager’s House (see report on application Ref. P/06/0228 on this agenda seeking permission to remove the ‘occupancy condition’) are within the same general curtilage as the hotel and share the same means of access from the public highways.
Development: The demolition of the hotel and the construction of a 50 bed residential home. The application is in outline, all matters relating to siting, design and external appearance, means of access and landscaping being reserved for subsequent consideration.
In response to a request for information about the background to the hotel and public house, and the reason for the current application, the applicant has supplied the following:-
• The business was established in 1990 with the opening of the pub. The hotel was constructed and opened in a phased manner in 1992 and 1993, originally opening as a limited company in 1990. That company ceased trading and the applicant took over the running of the business as a sole proprietor in 1993. The business consisted primarily of the three departments all relying upon each other, the pub/restaurant, the hotel accommodation and the function suite where he primarily catered for weddings and private functions. During the period 1993 to 1999 the business grew particularly on the strength of weddings that became a multiple weekly feature. • During 1999 the Local Authority announced a feasibility study for the removal of the tip in Aberbargoed and it was announced on the front page of the press that the countryside surrounding The Countryman was being considered as a possible location for the removed waste. The result for the wedding trade was immediate and devastating. • The announcement in the local press that a feasibility study was being examined for the removal of the Aberbargoed tip with The Countryman being considered as a possible location for the removed waste. Virtually all of the following year weddings were cancelled one by one as people became aware of the threat that The Countryman could be located in the middle of black waste ground. The loss was not just in weddings, but also in accommodation, food and bar trade that would normally come along with it. Cont…. Application No. P/06/0280 Continued
• The introduction of Wetherspoons to Blackwood High Street was also a major negative event. It has become the fashion for people to get their cheap drinks at Wetherspoons early evening before moving on much later to other venues • Because of the immediate drop in revenue forecast for the year ahead the business stopped trading as a sole proprietor and formed Countryman Inns Ltd. to carry on trading the business. • People going abroad for weddings. • Foot and mouth epidemic played a significant part, with a large drop in business clientele in the area. • During the early months of 2005 the Countryman Inns Ltd. was trading against the odds and in an insolvent position. The company was closed in May, 2005. • The Inn was closed and there was not a restaurant available for hotel guests making them look elsewhere. This illustrated the dependence of all three businesses on each other. • In August 2005 the hotel closed. • During the period 2004 to 2005 the pub and hotel were on the market with two agents who introduced the books and figures to a few interested parties but without securing a sale. • In July, 2005 the operators of the Maes Manor Hotel was approached about the possibility of them running the business as additional accommodation to their own. After studying the books and considering the case they declined.
Dimensions: Although the application is in outline, with details of size being reserved, in response to a request for information on the size of the proposed building, the applicant has advised that the replacement building would be on two floors, each with a floor space of 1300 square metres. It is not envisaged that the overall height of the new structure would be dissimilar to that of the existing building.
Ancillary development, e.g. parking: The existing access would remain and car parking spaces provided within the curtilage. The access would also be used for the former public house and the manager’s house.
PLANNING HISTORY
Reference No. Description Decision Date 2/8980 Construct 10 guest rooms with Approved 12/03/90 reception/communal area 2/9978 Change the use of domestic garage to Approved 31/05/91 guest accommodation 2/9979 Construct 10 guest rooms with Withdrawn reception/communal area 2/9980 Change the use of first floor domestic Withdrawn 16/07/91 accommodation and one guest bedroom to restaurant and bathroom facilities
Cont…. Application No. P/06/0280 Continued
2/10274 Change of use from licensed guest Approved 06/12/91 house with restaurant to licensed restaurant with public bar and guest accommodation 2/10468 Construct guest bedroom Approved 06/12/91 accommodations 2/10671 15 bedroomed accommodation block Approved 08/05/92 (in substitution for 10 bedroomed block already approved) 2/10920 Revised position for accommodation Approved 18/09/92 block – minor amendments 2/12023 Construction of managers dwelling Refused 14/09/94 house 2/12315 Remove Condition (1) of consent Approved 10/05/95 2/10920, 2/13522(A) 2/12491 Proposed dwelling for hotel Refused 13/09/95 proprietors P/99/0956 Erect chalet accommodation ancillary Refused 13/04/00 to hotel P/04/0617 Construct ten additional guest room Approved 01/07/04 accommodation P/04/1692 Construct ten additional guest room Approved 16/06/05 accommodation
POLICY
(a) Site Allocation
Development Plan: Outside settlement limits in the Adopted Islwyn Local Plan..
Council Approved UDP: Outside settlement limits.
(b) Policies:
Development Plan: Policy H5 (identification of settlement limits).
Council Approved UDP: Policies DC1 (general development control criteria), DC2 (development beyond settlement limits), C1 (development in the countryside), C13 (protection of trees, woodlands and hedgerows). Planning Policy Wales (March 2002) gives guidance on the provision of housing, protection of the countryside, and re-use of previously developed land.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
Cont…. Application No. P/06/0280 Continued
CONSULTATION
Chief Engineer (Highways) has no objection subject to the existing parking area being maintained free of obstruction for the use of the residential home, these observations being based on the hotel being replaced by the residential home.
Chief Engineer (Drainage) provides advice to be conveyed to the developer in respect of surface water discharge.
Chief Environmental Health Officer comments on the need for the following details to be submitted for the approval of the Local Planning Authority:-
• all external and roof mounted plant/machinery, including predicted noise levels; • odour/effluvia/fume control; • foul drainage associated with the kitchen; • arrangements for the storage, collection and disposal of commercial and clinical waste. • He also comments on the possible need to register the premises.
Welsh Water comment that foul water and surface water discharges must be drained separately from the site, and that no surface water or land drainage will be permitted to discharge into the public sewerage system.
ADVERTISEMENT
(a) Extent of advertisement: Site and press notices.
(b) Response:
Number of letters: One.
Council for the Protection of Rural Wales comments that if the Countryman Hotel no longer constitutes a viable business and there is a proven need for residential care in the Caerphilly County Borough area, CPRW sees no reason to object to the proposed change of use.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policy DC2 of the Council Approved Unitary Development Plan states:-
“In order to protect the identity and vitality of individual settlement, development beyond the settlement boundary as defined on the proposals map will not be permitted except for:- Cont…. Application No. P/06/0280 Continued
A. development associated with agriculture, forestry and the winning and working of minerals; B. the conversion, rehabilitation and replacement of rural buildings and dwellings; C. recreation and leisure proposals; D. development associated with the provision of public utilities, infrastructure and waste management, which cannot be located elsewhere.”
Planning Policy Wales indicates a preference for the re-use of previously developed (or brownfield) land.
Officers in Social Services have advised that there is a demand for the type of facilities proposed, and in the general geographical area in which the hotel is located. They have confirmed that the conversion of the existing building would not be feasible because of the current care standards.
Taking these factors into account it is considered that the proposal to demolish the hotel and construct a residential care home could constitute the replacement of an existing rural building and the re-use of previously developed land consistent with Policy DC2(B) and guidance in Planning Policy Wales.
However, it is necessary to consider whether the proposed location is sustainable in terms of accessibility to key services and the levels of traffic generated. The occupants of the proposed home have been identified by the applicant as being individuals requiring a significant element of care, which means that the proposed use falls within Class C2 of the Town and Country Planning (Use Classes) Order 1987. As such the occupants themselves would not be likely to require access to key amenities in a town or village.
Accessibility for relatives and friends and the staff themselves must be considered, bearing in mind the countryside location. The applicant has advised that there is a regular bus service which travels between Bargoed and Blackwood via the Bedwellty Church, approximately 350 yards from the site.
With regards traffic generation, the applicant has advised that it would be expected that in the region of 60 - 75 staff would be employed, both full time and part time. This would include cooks, cleaners, maintenance staff, administrators, care assistants and nurses. He advises that the development would be subject to a sustainable transport policy delivered by a green travel plan which could be a condition of any consent that might be granted and therefore under the control of the Local Planning Authority. Typically the green travel plan deals with multiple occupancy of cars by staff, the provision of dedicated staff transport by the care home, interest free loans for staff to purchase public transport season tickets, shower and changing facilities for cyclists. It is likely that the number of staff trips to and from the development would be about thirty per day, with most staff traffic likely at 7.15 a.m., 3.45 p.m. and 9.30 p.m.
Cont…. Application No. P/06/0280 Continued
With regards visitors, the applicant advises that most nursing homes do not have specific visiting times, with visitors coming and going throughout the day. Most visits would take place 2.00 p.m. - 4.00 p.m. and 6.00 p.m. - 7.30 p.m. Monday to Friday, and 2.00 p.m. - 5.00 p.m. Saturday/Sunday. He suggests that with a 50/60 bed nursing home it would be highly unlikely if there was ever more than five visitors at any one time.
On the basis of the information provided it is noted that the Chief Engineer (Highways) has raised no objection subject to the retention of the existing parking area. In the event that the layout of a replacement building affected this area, a planning condition could ensure adequate parking provision.
Having considered that a replacement building for a residential home use may be acceptable, it is necessary to consider the size of the replacement building in relation to the existing and the effect it may have on the landscape in general and the trees and hedgerows within the site in particular.
Although the application is in outline it is suggested that the floor space of the proposed building would be 2600 square metres (1300 square metres on each floor of the two storey building). This is larger than the footprint of the existing building, although it should be noted that an extension was granted for the hotel in 2004 (but not built) that would have increased the floor space. Nevertheless, a critical aspect of the proposal will be the size of the building, but this can be determined at the ‘reserved matters ‘ stage.
Another factor that will influence the design and extent of the building (although it is intended that the building will be in the same position as the existing hotel) will be the impact on the trees and hedgerows that exist within the site. In dealing with previous applications it has been an objective to ensure the protection of trees and hedgerows around the site, and in particular around the car park and within the hedge to the west of the present building. It is therefore desirable to retain both the trees and the hedgerows as part of any future development in the interest of landscape and biodiversity amenity. A tree survey can be required by planning condition, and the results of that survey can be taken into account in the design of the layout of the building.
Due to the proposed demolition of the existing hotel building it was necessary for the applicant to provide a survey to assess whether it is being used by bats and owls. A survey has been carried out and results indicate that the building is not being used either by owls or bats. There are, therefore, no protected species affected by the proposed development. Nevertheless, the applicant has indicated a willingness to incorporate measure for bats within the proposed new building.
Taking the landscape and ecological issues into account, it is considered that the construction of a residential care home would not have a significant harmful impact upon the character, amenity, landscape or nature conservation value of the application site and would not therefore conflict with Policy DC1 of the Council Approved Unitary Development Plan.
Cont…. Application No. P/06/0280 Continued
In assessing this application, due regards has been paid to National Assembly guidance, policies in the Council Approved Unitary Development Plan and comments from consultees. It is recognised that development in the countryside is normally restricted, but taking into account the aforementioned guidance and policies, it is concluded that the replacement of the existing hotel with a new building to be sued specifically as a residential care home is, on balance, acceptable.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called ”the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) The use of the building hereby granted permission shall be as a residential care home falling within Class C2 of the Town and Country Planning (Use Classes) Order 1987, and for no other use, including any other use permitted under Class C2. (6) Prior to the importation of any soils and materials, a scheme for the testing for contamination of the soils and materials, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (7) Unless otherwise agreed in writing with the Local Planning Authority under the provisions of Condition (1) above, the existing parking area shall be maintained free of obstruction for the parking vehicles in association with the use hereby permitted. (8) Prior to the commencement of any development on the site a tree survey shall be undertaken, fully in accordance with the guidance in British Standard 5837:2005 ‘Trees in relation to construction’. The results of the tree survey (which shall be submitted to the Local Planning Authority) shall be taken into consideration in the detailed design work on the site layout, and details to be submitted in accordance with Condition (1) above shall show those trees to be retained and those to be removed, together with details of tree protection measures. All these details shall be approved in writing by the Local Planning Authority before the commencement of any works, and the development shall thereafter be constructed in compliance with the approved details.
Cont….
Application no. P/06/0280 Continued
(9) Details to be submitted under the terms of Condition (1) above for the approval in writing of the Local Planning Authority shall include the following:-
a) Any external and roof mounted plant/machinery, together with the predicted noise levels (measured as a LAeq 1 hour) as measured at the boundary of the application site. b) A scheme of odour/effluvia/fume control. c) A scheme of foul drainage to include a grease trap in association with the kitchen facilities. d) Arrangements for the storage, collection and disposal of commercial and clinical waste.
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development is carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5) To clarify the development granted permission. (6) To mitigate any risk of contamination (7) In the interests of highway safety. (8) To ensure the adequate protection of trees. (9) To safeguard residential amenity.
Advisory Note
The comments of the Chief Engineer (Highways), Chief Environmental Health Officer and Dwr Cymru/Welsh Water are to be forwarded to the applicant.
Development plan policies relevant to conditions: Policy DC1, C1 and C13 of the Council Approved Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0391 Estate of M.G. Jones deceased, Vary Cond.(2)of P/03/0143 to 10/03/06 c/o Michael L. Jones Solicitors, extend time limit for reserved 53 Hanbury Road, matters by one year and Cond.(4.2) Bargoed. to read 'the provision of a turning head within the site' on land to the rear of Brynview Avenue, Tredomen, Ystrad Mynach, Hengoed.
APPLICATION TYPE: NON COMPLIANCE WITH COND
SITE AND DEVELOPMENT
Location: Plot of land situated to the rear of terraced houses in Brynview Avenue and semi detached houses in Brynmynach Avenue, Ystrad Mynach.
Site description: The application site is a small area of land bounded to the west by the lane to the rear of Brynmynach Avenue, to the north by the rear lane to Brynview Avenue, and a railway line to the east. Although there have been trees and vegetation on the site these have been cleared.
Development: The application is seeking to vary Condition (2) attached to planning permission Ref. P/03/0143 to extend the time limit for the application of reserved matters, and to vary Condition (4.2) attached to the permission to allow the provision of a turning head within the application site rather than on land adjoining the site. Permission P/03/0143 was for the erection of a dwelling at the site.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/95/0559 Construct one dwelling Refused 19.01.95 P/01/1013 Construct detached house Refused 05.12.01 P/03/0143 Construct detached house Approved on Appeal 22.05.03
POLICY
(a) Site Allocation
Development Plan: Within settlement limits in the Adopted Mid Rhymney Valley Local Plan.
Council Approved UDP: Within settlement limits.
Cont….. Application No. P/06/0391 Continued.
(b) Policies
Development Plan: There are no policies of direct relevance in the Mid Rhymney Valley Local Plan.
Council Approved UDP: Policies H2 (windfall sites), DC1 (development control criteria) and T3 (level of access appropriate to road).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has raised no objection.
Chief Engineer (Drainage) comments on the drainage aspects of the proposed development.
Dwr Cymru/Welsh Water advises of their apparatus in the vicinity of the site.
Gelligaer Community Council raises no objection.
ADVERTISEMENT
(a) Extent of advertisement: Site notice and neighbour notification.
(b) Response
Number of letters: One
Summary of objections:
• The permission referred to and granted on appeal was to ‘Shadow Property Services’ so how can an anonymous person apply for a variation of a consent they did not received? • The application states that no trees would be felled. There were trees on the site at the time of the application but have now been felled leaving the site in a terrible mess. • The original application and permission was for rainwater to be dealt with by surface water drain and foul sewage by public sewer, but this application states that these items are to be agreed.
Cont….. Application No. P/06/0391 Continued.
• Several applications have been made including an appeal that failed. Permission was finally given on appeal with conditions being specifically laid down. All the applications previously refused were as a result of poor access to the site and the fact that the applicants were not willing to purchase land necessary to widen the lane. On the final appeal the Inspector gave permission on the basis that a turning head would be provided on land beyond the site. It is unlikely that he would have overturned the previous Inspector’s decision if the new proposal was not presented in its current form. In light of the basis on which the permission was granted the application for the variation should be refused. • The time limit should not be extended because the applicant has already started to clear the site, by construction and site preparation, the applicant should not have altered the site prior to detailed permissions. • The time limit protects the neighbours from having to endure mess caused. The uncertainty of what is to happen means additional stress and an inability to sell neighbouring property at the full Market value. This is important because the objector now feels the need to move after nearly 20 years because of the impact the development would have on his life. Three years should be sufficient to obtain reserved matters. • The plan shows the erection of a house with a drive directly opposite the objector’s drive entrance and is unsuitable from the point of view of road safety and would cause annoyance to both occupants. The turning head is on the upside of the rear lane above a bend, cars travelling from the end of the lane would have their vision obscured from anyone using the turning head.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No
ANALYSIS
The objector refers to the current application being submitted by a person other than the party that obtained the original planning permission. A planning permission, unless made personal to the applicant by a condition attached to the permission, runs with the land. No such condition was attached. Consequently the current application is valid.
Cont….. Application No. P/06/0391 Continued.
With regards the extension of time for the submission of the reserved matters, and notwithstanding the clearance of the site, outline planning permission has already been granted by a Planning Inspector and since there has been no change in land use planning circumstances since that decision, it is considered reasonable to allow the extension of time for the one year requested.
With regards the matter of the turning head, the Planning Inspector considered that the main issue before him was whether the proposed house could be provided with an adequate means of access and whether the turning head could be required. He concluded that a ‘Grampian’ style condition could require the improvements to the access to the site and also require the provision of a turning head which at that time was shown on land adjoining the application site.
This current application seeks to demonstrate that a turning head can be provided within land under the control of the applicant and that the remainder of the site can accommodate a house that has the appropriate amenity space and car parking.
An illustrative layout has been submitted indicating that a 1500 square foot house with integral garage and one parking space, together with 136 square metres of amenity space can be accommodated within the site, in addition to the provision of a turning head. Notwithstanding the views expressed by the Objector, it is considered that the provision of a turning head within the application site is not inconsistent with the Planning Inspector’s decision, in that the facility would still have to be provided before the house could be occupied. Details of the turning head, and the other improvements required to the access, would still need to be submitted for approval under the conditions and again would have to be provided before the house could be occupied. The Chief Engineer considers that the position of the turning head is acceptable and its use would not compromise highway safety.
In conclusion, it is considered that the variations to the two conditions are acceptable.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced (2) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of one year from the date of this permission. (3) The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Cont….. Application No. P/06/0391 Continued.
(4) The details of the means of access to be submitted for approval in accordance with Condition (1) above shall include: a. The minor improvement of the junction of the access way serving the site with Brynview Avenue; b. The provision of a turning head within the application site; c. The surfacing of the access way from Brynview Avenue as far as the site for use by both pedestrians and vehicles; d. The drainage of the access way as far as and including the turning head; and; e. The lighting of the access way as far as the site. (5) The works specified in Condition (4) above shall not be carried out other than wholly in accordance with the approved details; and the dwelling hereby permitted shall not be occupied until all such works have been carried out in accordance with those details. (6) No development shall take place until there has been submitted to the Local Planning Authority for their approval details of space for the parking of two cars on the site; the dwelling hereby permitted shall not be occupied until such space has been provided in accordance with the approved details; and such space shall not thereafter be used for any purpose other than the parking of vehicles. (7) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the dwelling or the completion of the development, whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. (8) No development shall take place until a scheme for the importation to the site and testing for contamination of soils and materials has been submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme.
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (3-6) In the interest of highway safety. (7) In the interests of amenity. (8) To prevent contamination of the site in the interests of public health.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0393 Mr. A. Jenkins, Change lower ground floor shop 27/03/06 Windsor Villa, from A1 to A3 use at 4 The Pier, The Rhyd, Blackwood. Tredegar.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The application site is part of the newly refurbished building known as The Pier, which is on the northern side of Hall Street, Blackwood.
Site description: The building was formerly a ‘bierkeller’ and more recently occupied as an amusement arcade, and forms the lower level of a traditional town centre building of three storeys in height. The application site itself – No.4 The Pier – is vacant but there are an existing café bar and a sandwich bar to the west, and a shop to the east that occupy units within the same building.
Development: Full permission is sought for the change of use of this unit to an A3 use. The Town and Country Planning (Use Classes) Order 1987 defines an A3 use as for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises, and includes pubs, restaurants, wine bars and takeaways.
Dimensions: The unit has a floor area of some 45 square metres.
PLANNING HISTORY
Reference No. Description Decision Date 2/11625 Pool and snooker club Approved 26.01.94 2/11661 Change of use from bierkeller to gym Approved 06.01.94 P/01/0137 Amusement centre Approved 19.04.01 P/03/0713 Delete condition 3 of permission P/01/0137 Approved 14.08.03 P/04/1543 Covert to four commercial units sandwich bar, Approved 07.01.05 wine bar, retail unit, furniture shop
POLICY (a) Site Allocation Development Plan: The site is within the settlement envelope for Blackwood but outside the shopping core area (proposal SP3) defined in the Adopted Islwyn Local Plan.
Council Approved UDP: The site is within the settlement limits and the defined retail area for Blackwood Cont….. Application No. P/06/0393 Continued.
(b) Policies
Development Plan: Adopted Islwyn Local Plan policies S1 and S2 (retail centre enhancement), HFT2 and HFT3 (hot food takeaways) are relevant to the consideration of this application.
Council Approved UDP: Policies DC1 (standard development control criteria), R2 (retail centre enhancement), R9 (protection of district and sub-regional town centres) and R12 (food and drink retailing) are relevant to the consideration of this application.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer has no objections subject to a condition that prevents any doors that open onto the highway.
Chief Environmental Health Officer has no objections subject to conditions concerning hours of operation, external plant, odour control, and refuse storage. Additional food hygiene and health and safety comments are provided for the applicant’s attention.
ADVERTISEMENT
(a) Extent of advertisement: Fifteen neighbouring properties have been consulted.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder is often associated with the A3 uses whether they be pubs or takeaways. However, in planning terms, a town centre location is acceptable for such uses, and it would be unreasonable to refuse consent because of such concerns. However, limiting the hours of operation in accordance with the UDP (see discussion below) will go some way towards limiting crime and disorder.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont….. Application No. P/06/0393 Continued.
ANALYSIS
Policies
There are no objections in principle to this use within a recognised town centre. It would not result in three or more premises having no window displays since the neighbouring unit to the east is currently in retail use. There are houses on the opposite side of Hall Street, and further away at William Street and Cliff Road, but in view of the commercial nature of the locality, with a wine bar and a sandwich bar next door, it would be difficult to object to the proposal. There is adequate public car parking nearby and delivery facilities.
The type of A3 use is not specified in the application, and whilst the applicant has indicated in conversation that the use is likely to be a hot food takeaway, in view of the comments above, it would not be reasonable to limit the use to any particular purpose. Odour and fumes can be controlled by condition.
Hours of operation should be controlled in line with the UDP, and to be consistent they should be the same as the neighbouring wine bar, which are 08.00 to midnight on Monday to Saturday, and until 23.00 on Sunday, with no deliveries before 07.30. This recognises that the site is in a retail area where there are few residential properties.
Comments from consultees
The views of Chief Engineer and the Chief Environmental Health officer can be addressed by condition.
RECOMMENDATION that Permission is GRANTED
This permission is subject to the following condition:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The use hereby approved shall not be open to customers before 08.00 hours and after midnight on Monday to Saturday, or before 08.00 hours or after 23.00 hours on Sunday, and there shall be no deliveries to the premises before 07.30 on any day. (3) Prior to the commencement of the use hereby approved a scheme of odour control shall be implemented in accordance with a scheme that shall have been agreed in writing with the Local Planning Authority. (4) All waste and refuse associated with the use hereby approved shall be stored in a manner that shall be agreed in writing with the Local Planning Authority. (5) Any door fitted in association with the use hereby approved shall not open over the highway.
The reasons for the Council’s decision are:-
Cont….. Application No. P/06/0393 Continued.
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2-4) In the interests of residential amenity. (5) In the interests of pedestrian safety.
Advisory Note
(a) The comments of Chief Environmental Health Officer are brought to the applicant’s attention
(b) Development plan policies relevant to conditions: The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan, and the Council Approved Unitary Development Plan. Policy HFT2 of the local plan, and Policies DC1 and R12 of the Council Approved Unitary Development Plan are relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0411 Mrs. J. Thomas, Construct nine industrial units with 30/03/06 8/9 Quarry Cottages, associated engineering works on Caerllwyn Ganol Farm, land at Newbridge Road Industrial Ynysddu, Estate, Pontllanfraith, Blackwood. Crosskeys.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The site is located along Newbridge Road between Pontllanfraith and Pentwynmawr next to the newly constructed Enterprise Way.
Site description: The site is reasonably flat and within Newbridge Industrial Estate. The east boundary of the site consists of the new Enterprise Way, which is embanked above the industrial estate.
Development: Construct nine industrial units in three blocks with associated engineering works.
Dimensions: The four unit building would have a width of 46.3 metres, depth of 10.8 metres and height of 5 metres to 6.8 metres at ridge. The three unit building would have a width of 34.9 metres, depth of 10.8 metres and height of 5 metres to 6.8 metres at ridge. The two unit building would have a width of 23.5 metres, depth of 10.8 metres and height of 5 metres to 6.8 metres at ridge.
Materials: Portal frame steel building clad in profile colour steel, colour light green. Roller shutter doors colour light grey. Fire escape doors to rear colour light grey.
Ancillary development, e.g. parking: Fifty-four parking spaces and ground levelling works.
PLANNING HISTORY
Reference No. Development Decision Decision Date P/03/1459 Erect factory extension and erect Refused 15/01/04 workshop/storage units with new vehicular access
POLICY
(b) Site Allocation Cont….
Application No. P/06/0411 Continued
Development Plan: Adopted Islwyn Local Plan – the site is within the settlement envelope for Pontllanfraith.
Council Approved UDP: The site is within the settlement boundary for Pontllanfraith. The site is within the Newbridge Industrial Estate allocated as E2 within the UDP (existing industrial premises).
(b) Policies
Development Plan: Adopted Islwyn Local Plan – Policies D1 to D6 (design of the built environment) and Policy E3 (employment development encouraged at Newbridge Road industrial estate) and E5 (development of vacant land for employment use).
Council Approved UDP: Policy DC1 (standard development control criteria) and Policy 1 DC are also relevant and requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability and maintaining the identity and vitality of settlements. Policy E2 (protection of existing industrial premises) is also relevant.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Wales and West Utilities have been consulted and have no objection to the proposal.
Dwr Cymru/Welsh Water has been consulted and has no objection to the proposal subject to a number of conditions in relation to the public sewage system.
Western Power Distribution has been consulted and has no objection to the proposal.
Chief Environmental Health Officer has been consulted and has no objection to the proposal subject to conditions in relation to plant and machinery and odour abatement.
Chief Engineer (Drainage) has been consulted and has no objection to the proposal subject to a condition in relation to the discharging of surface water from the site.
Chief Engineer (Highways) has been consulted and has no objection to the proposal subject to conditions in relation to the proposed access, vision splay and gates to be erected.
ADVERTISEMENT (b) Extent of advertisement: Letters sent to Heirloom Furniture Ltd, Unit 6, Newbridge Industrial Estate and Pioneer Stores, Newbridge Road. Site notice placed on site. Press notice advertised on the 13th Apri,l 2006.
Cont…. Application No. P/06/0411 Continued
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were not considered to be issues in this case but the developer will be advised to contact the Police Architectural Liaison Officer to encourage the incorporation of secure by design principles into the scheme.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policies:
The application is to construct nine industrial units with associated engineering works on a site adjoining and within the industrial land allocated as Newbridge Industrial Estate, Pontllanfraith. The site is allocated under Policy E2: Existing Industrial Premises within the Unitary Development Plan and the expansion of these premises is encouraged. Newbridge Industrial Estate and the Sirhowy Enterprise Way border the site. The Enterprise way is embanked above the site and although this makes the site readily visible, the provision of industrial units upon this site fits with the context of the surrounding Industrial Estate. The units to be built are of reasonable size and materials. The external steel walls are to be coloured light green and this will soften the appearance of the units and allow them to blend well with the surrounding vegetation. The units would be a positive addition to the Industrial Estate and will allow the development of unused land. The provision of parking spaces is sufficient and satisfies Chief Engineer (Highways). Therefore the proposed industrial units conform to Policy D1 and E5 of the Adopted Islwyn Local Plan, and Policy DC1 and E2 of the Council Approved Unitary Development Plan.
Comments from consultees: The views of the consultees to be accommodated by condition.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. Cont….
Application No. P/06/0411 Continued
(2) Before development commences a comprehensive scheme for the foul, surface water and land drainage of the site shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be carried out in accordance with these approved details. (3) Notwithstanding the submitted plans, details of the location and constructional details of the proposed access shall be submitted to and approved by the Local Planning Authority. The access shall be relocated such that vision splays of 3 x 70m are achieved. No planting when mature or obstruction exceeding 900mm in height shall be placed or allowed to grow in the required vision splays. (4) The proposed parking and servicing areas shall be completed in permanent materials as approved by the Local Planning Authority and maintained thereafter free of obstruction for the parking and servicing of the units. (5) Any gates shall be set back a minimum of 5 metres from the nearside edge of the carriageway. (6) Any gates shall be located and fitted so as not to open out over the highway. (7) Prior to the development commencing on site, details of all external and roof mounted plant/machinery shall be submitted to and agreed in writing with the Local Planning Authority. These details shall include the location of the plant and predicted noise levels (measured as a Laeq 1 hour) as measured on the boundary of the application site. Thereafter these agreed details shall be fully installed prior to the use of each of the units commencing. (8) A detailed scheme of odour abatement shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the use hereby permitted. This should include the erection of any stacks or vents associated with the use of the premises. Thereafter these agreed details shall be fully installed prior to the use of each of the units commencing. (9) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) To secure the satisfactory drainage of the development. (3-6) In the interests of highway safety. (7&8) To retain effective control over the development. (9) In the interest of visual amenity.
Cont….
Application No. P/06/0411 Continued
Advisory Note
The Chief Engineer (Highways) wishes to make the applicant aware that Condition (1) of the application will require the relocation of the existing boundary fence and that any works in the highway will require the separate approval of the Highway Authority.
The comments of the Chief Engineer (Drainage), Dwr Cymru/Welsh Water and Wales and West Utilities are attached and brought to the applicant’s attention. The applicant is also advised to contact the Police Architectural Liaison Officer to discuss the incorporation of secure by design principles into the final scheme.
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan, and the Council Approved Unitary Development Plan. Policy DC1 of the Council Approved Unitary Development Plan is relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0443 Norgine Ltd., Erect new extension at Norgine 31/03/06 New Road, Ltd., New Road, Hengoed. Hengoed.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The existing Norgine premises are located at the southern end of the New Road Industrial Estate to the south of Tir y berth. The site is bounded on the east and south by river Rhymney, to the west by the main road, and to the north by other premises on the estate. The southern end of the settlement of Fleur de Lys lies across the river Rhymney to the east.
Development: The applicant advises that due to the increased demand from both U.K. and overseas markets for the pharmaceutical products that Norgine manufactures, expansion of the facility is required. The proposed extension to the facility will ultimately allow a 120% increase in production volumes, phased over a period of 4 years and generate an eventual increase in staffing levels of sixty-eight personnel.
The proposed development comprises the following:-
• A packaging extension to the south east of the existing production packing facility. There will be three levels to the extension, undercroft level for engineering workshops, ground level and first floor levels. The new packaging areas will be located on ground level, with the first floor being occupied by packaging and offices. • A marshalling building, located to the north east corner of the existing building, will provide a goods in/out production facility. The building will have a staging area, a van dock, a waste management area and offices. • A link corridor is proposed to connect the new packing area with the new marshalling building. The floor level for the corridor will match the floor level for the new packing extension and ramp up to the new marshalling building. There will be access to the existing staff entrance from the new car park underneath the new link bridge. This will be achieved by a series of ramps and stairs. • A new marshalling yard to the north of the extended site. • Extension to provide offices, production facility, workshop, marshalling facility, service yard, link, car parking and external works. The application is accompanied by an Architectural Design Statement, a Landscape Design Statement and a Car Park Statement and Strategy.
Dimensions: The total floor space of all buildings to which the application relates is 5,026 square metres. Cont….
Application No. P/06/0443 Continued
The proposed packaging extension would be 32 metres x 20 metres x 16.5 metres in height (approx 3 metres higher than the main building.)
The marshalling building would be 40 square metres and 13 metres in height (0.5 metre higher than the main building).
The marshalling yard would cover an area 60 metres by 50 metres.
The link corridor would be 75 metres in length x 3 metres in width .x 5 metres in height.
Materials: The packaging extension will be a steel and concrete structure with metal cladding externally to complement the existing elevations.
The marshalling building will be a steel and concrete structure, with a composite cladding panel to the external walls. The profile and colour of the panel will complement the existing cladding panels to the facility. There will be high-level double glazed aluminium windows to provide natural daylight to the first floor.
The link corridor will be a steel structure with a composite horizontal cladding panel and external exposed structure and bracing.
Ancillary development, e.g. parking: It is proposed to widen the existing service road into the site (north side of the building between Norgine and A & S warehouse) to enable the separation of service vehicles and staff and public vehicles. Deliveries to the site (a mixture of HGVs and 7.5T trucks and smaller vans would continue to arrive between the hours of 7.00 a.m. and 5.00 p.m. on weekdays only.
A new marshalling yard is proposed to the northern end of the application site that will link into the new marshalling building. This yard will facilitate truck management to the 5 goods bays, van docks and waste management area. The yard will be accessed by the widened access road
It has been calculated that the existing car parking provision on the site is more than actually required to cater for the existing building and the additional extensions that form part of this application. The car park to the rear (east) of the building is however to be altered to maximise use.
All the external areas around the extension and the new building will be landscaped. It is proposed to plant trees on a berm at the lower end of the extended car park to screen the parking and marshalling yard and extended site. Trees and low shrubs will be introduced within the parking area to reduce the expanse of hard landscaping.
Lighting of the footpaths will be by bollards and external building lights to improve security. The car park will be lit by lights on standards with minimal intrusion to the neighbouring houses.
Cont…. Application No. P/06/0443 Continued
PLANNING HISTORY
Reference No. Description Decision Date P/01/0127 Erect extension to provide new amenity Approved 29/03/01 block and associated revisions to infrastructure and car park for 100 spaces P/01/0243 Erect extension to existing packing hall Approved 19/04/01 and warehouse P/01/1093 Construction of additional process area, Approved 07/12/01 warehouse, office space and loading bay P/03/0525 Erect sprinkler tank, sprinkler system, Approved 23/05/03 plant room and screen wall P/03/1255 Erect extension to provide new goods Approved 13/11/03 bays, boiler room, utilities, workshop offices, warehouse, production area, goods in/sample area, W.C. and car parking P/96/0349 Extend existing offices on two levels to Approved 12/09/96 replace existing portacabins P/97/0506 Erect warehouse and production Approved 24/07/97 facility for the manufacture and packaging of ‘movicol’ – A Norgine laxative product P/99/0773 Erect warehouse extension and two Approved 08/11/99 storey extension 5/5/94/0813 Construct roof plant room and local Approved 09/02/95 temporary buildings 5/5/95/0673 Vary Condition (B) of 94/0813 to Approved 16/01/96 retain temporary building. Extend flues and car parking
POLICY
(a) Site Allocation Development Plan: Within settlement limits in the Adopted Mid Rhymney Valley Local Plan.
Council Approved UDP: Inside settlement limits.
(b) Policies: Development Plan: Within the Adopted Mid Rhymney Valley Local Plan Policy I1 supports industrial development on this site, and Policy EV4 (structural development control criteria) are relevant. Cont…. Application No. P/06/0443 Continued
Council Approved UDP: Policies DC1 (general development control criteria).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? Yes.
Was an EIA needed? No.
CONSULTATION
Chief Engineer (Highways) has no objection subject to the proposed parking and servicing areas being completed before the extension is brought into beneficial use and being maintained thereafter for parking and servicing.
Chief Engineer (Drainage) provides comments on the proposals for the drainage of surface water, but advises that full details of the drainage arrangements should be submitted to the Local Planning Authority for comment before construction commences.
Chief Environmental Health Officer has no objection subject to conditions being attached to any consent of any external plant together with a scheme of odour/effluvia/fume control and that all deliveries must be within the hours specified on Norgine’s original permission that there shall be no external storage, details to be provided.
Dwr Cymru/Welsh Water comments that foul water and surface water discharges must be drained separately from the site, and that no surface water or land drainage will be permitted to discharge into the public sewerage system.
Environment Agency (Wales) recommends that a study should be undertaken into previous site uses to identify whether there are any potential contaminants in the site. A risk assessment should then be carried out to ascertain whether any contaminants that do exist require remediation to ensure no pollution of controlled waters.
Gelligaer Community Council raises no objection as long as there is no additional noise.
ADVERTISEMENT
(a) Extent of advertisement: Site and press notices and neighbour notification.
(b) Response:
Number of letters: None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No. Cont…. Application No. P/06/0443 Continued
ANALYSIS
The principle of the proposed extension to the existing factory is supported by Policy E1(9) of the Council Approved Unitary Development Plan which allocates the land for new industrial or business development. The expansion of an existing good quality employment facility is to welcomed.
The main issues to consider are the scale and design of the extensions together with the provision for car parking.
Although the proposal would result in a significant increase in the curtilage of the Norgine facility, it is considered that the scale and design of the proposed packaging extension and the marshalling building are acceptable, and their design and external finishes are complementary to the main building.
With regards traffic generation and car parking, the Chief Engineer (Highways) has considered the submitted Car Park Statement and Strategy and offered no objections subject to a condition to ensure the provision of the proposed car park and servicing areas.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The proposed parking and servicing areas shall be completed in permanent materials as approved in writing by the Local Planning Authority before the development is first used, and shall be maintained thereafter free of obstruction for the parking of motor vehicles only and servicing of the development only. (3) Prior to the importation of any soils and materials, a scheme for the testing for contamination of the soils and materials, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (4) Notwithstanding the submitted plans, a landscaping scheme for the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of work on site. The approved scheme shall thereafter be carried out in the first planting season following the completion of the development. (5) Works shall only proceed on the site if a ground investigation and a risk assessment have been carried out to ascertain whether any contamination exists within the site. In the event that contamination does exist within the site, a remediation strategy shall be prepared detailing measures to deal with the contamination to avoid risks to occupants and users of the development and to avoid pollution of groundwater and surface water associated on and off the site. The ground investigation, risk assessment and remediation strategy shall all be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works on site.
Cont…. Application No. P/06/0443 Continued
(6) The development hereby granted consent shall not be occupied until a report has been submitted to and approved by the Local Planning Authority which verifies that any remediation works required under Condition (5) above have been undertaken in accordance with the approved scheme. (7) Details of the means of enclosure of the existing and extended site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development, and the approved details thereafter implemented. (8) Unless otherwise agreed in writing with the Local Planning Authority, there shall be no external storage associated with the development hereby approved. (9) Details of any externally located plant must be submitted to and approved in writing by the Local Planning Authority prior to its installation. (10) A scheme of odour/effluvia/fume control shall be submitted to and approved in writing by the Local Planning Authority and implemented before first use of the development hereby approved commences. The approved scheme shall thereafter be retained for the duration of the approved use.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of highway safety. (3,5&6) To ensure the site is free from contamination and to prevent the pollution of controlled waters. (7&8) In the interests of visual amenity. (9&10) In the interests of amenity.
Advisory Note
Chief Engineer (Highways), Chief Engineer (Drainage), Chief Environmental Health Officer, Dwr Cymru/Welsh Water and Environment Agency (Wales) to be sent to the applicant.
Development plan policies relevant to conditions: Policy DC1 of the Approved Caerphilly Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0451 Mr. J. Soroko, Erect one new three storey 31/03/06 6 Copper Beeches, detached house on Plot 1 (No. 4) Penpedairheol, Kingswood Close, Hengoed. Hengoed.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: This application relates to the erection of one detached dwelling at Plot 1 (No. 4) Kingswood Close, Hengoed. The site is within the settlement envelope for Hengoed and is part of a larger site granted approval for residential development in 1985.
Site description including locality: The site is situated near to Hengoed Train Station on the outskirts of Hengoed gaining access from Bryn Terrace. It is situated within a predominantly residential area, with Alexandra Road to the west, and Brynavon Terrace to the east, both being residential terraces. Kings Hill is located to the south of the site where there is a local shop, post office and other residential properties. The majority of houses granted planning approval on the east of the site have been constructed and in this respect a detached dwelling occupies the opposite plot.
The topography of the site is such that a steep embankment exists along the western boundary. Steel railings form the boundary to the rear, to meet the road level at Alexandra Road. Two sycamore trees, are located along the western boundary of the site and are subject of TPO No. 49, dated 1982.
The dwelling will be served by the new access road coming off Bryn Terrace.
Site area/dimensions: The dimensions of the plot are approximately 11metres in width and 31 metres in depth. The footprint of the dwelling measures 7.97m wide x 9.21m in depth x 10.9m high with a 35 degree pitch roof.
Development: This is a three-storey, four bedroom dwelling. The internal layout of the dwelling comprises at ground level an integral garage, utility room, and w.c. The first floor includes a lounge, kitchen/diner, and family room and the second floor comprises four bedrooms, one with en-suite and a bathroom.
The applicant has also included an Aboricultural Report prepared by Cardiff Treescapes identifying two sycamore, and one yew tree to the rear of the site which are protected under the TPO.
Materials: The materials to be used in the external finishes of the dwelling include concrete tiles in the roof, face brick in the walls with stone quoin detailing and golden oak coloured upvc windows and doors. Cont….. Application No. P/06/0451 Continued.
Ancillary development, e.g. parking: Integral garage with additional parking to the front of the dwelling for two vehicles.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/85/0674 Roads and sewers in association with self build Approved 14/02/86 plots 5/5/89/0521 Eight dwellings Approved 29/09/89
POLICY
(a) Site Allocation
Development Plan: Mid Rhymney Valley Local Plan within settlement limits.
Council Approved UDP: The site lies within the settlement boundary defined in Policy DC2. Policy H1 (26) identifies the area as a committed housing site.
(b) Policies
Development Plan: Policy EV4 of the Mid Rhymney Valley Local Plan – development will be permitted only where its size, scale, layout, material and design are in keeping with the surrounding environment.
Council Approved UDP: The development has been assessed against standard development control criteria contained in Policy DC1 of the Council Approved Unitary Development Plan, which are the principle mechanisms for achieving good design. Associated supplementary planning guidance contained in Design Guide 1 Building Better Places, is also relevant.
Policy C13 is also relevant and states:-
“Development which involves the loss of tree, woodlands and hedgerows which are of significant amenity and/or nature conservation value will only be permitted where the need for the development outweighs the importance of the feature or where acceptable mitigating measures, within the control of the developer, can be provided.”
National guidance contained in TAN 12 – Design, at paragraph 4.5 states:-
“The visual appearance of proposed development, its scale and its relationship to its surroundings are material considerations in determining planning applications and appeals. Planning permission should be rejected on grounds of poor design.”
Cont….. Application No. P/06/0451 Continued.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Environmental Health Officer has no objection and suggests a condition be attached to any consent relating to the testing of any imported topsoil.
Dwr Cymru/Welsh Water have no objection to the development but advise that foul and surface water discharges must be drained separately from the site in order to prevent hydraulic overload of the public sewerage system. They provide advice to be conveyed to the developer in respect of these issues.
Chief Engineer (Drainage) provides comments to be conveyed to the developer in respect of surface water drainage.
Chief Engineer (Highways) has no objection to the development subject to the garage approved as part of this development not being physically altered or converted to any other domestic use without the prior approval of the Local Planning Authority, three car parking spaces being provided and the vehicular driveway having a minimum length of 5.5 metres and a maximum gradient of 1 in 8. He also provides an advisory note that no surface water is to discharge onto the highway.
Gelligaer Community Council raises no objection to the development.
ADVERTISEMENT
(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.
(b) Response
Number of letters: Three.
Summary of objections:
No objection in terms of the construction of a house on the site but do not want the removal of the existing stone boundary rear wall and the creation of a back access onto Alexandra Road, or the removal of any more trees.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont….. Application No. P/06/0451 Continued.
ANALYSIS
The site lies within the settlement boundary for Hengoed as identified in the Council Approved Unitary Development Plan, Policy DC2 and therefore the principle of residential development is acceptable. Outline planning permission for residential development was granted in February, 1985. The principle of residential development has therefore been established.
The development has also been assessed in relation to standard development control criteria, Policy DC1 and associated supplementary planning guidance contained in Design Guide 1. This application relates to the construction of one detached dwelling, as a further phase in the residential development of the former Lewis Girls School site. Access is to be derived from a continuation of the road off Bryn Terrace.
It is considered that the proposed development, which is similar to other dwellings currently under construction on the site, would accord with local plan policies and would be acceptable in terms of scale, form and design. The street scene and character of the area will not be adversely affected by this development. Sufficient parking provision and amenity space are provided and there is adequate separation between existing habitable room windows to safeguard privacy standards. Furthermore, it is considered that the development would not have an unacceptable effect on the visual or residential amenity of neighbouring properties.
The concerns of the Chief Engineer (Highways) and Chief Environmental Health Officer referred to above, may be addressed attaching conditions to any consent.
Finally, Policy C13 is relevant in terms of the trees protected on the site. The appropriate amount of development on a particular site will depend upon the density and character of the surrounding development as well as the site features. In order to create a “sense of place” densities may need to be varied to take advantage of natural site features such as trees, watercourses, hedgerows and landforms. Trees, woodland and hedgerows make a particularly beneficial contribution to both the natural and built environment. They enhance townscapes by providing a pleasant, natural contrast to the built environment and in both urban and rural locations they provide an important habitat for wildlife. It is therefore important that development, which unacceptably affects the tree cover of the County Borough, is resisted. There is a wide-ranging coverage of Tree Preservation Orders throughout the County Borough, which protect individual specimens and woodland areas from being damaged or felled. In this respect the development of the site is constrained by virtue of the fact that Tree Preservation Order No. 49 covers the western, eastern and southern boundary of the application site, dated 1982.
The trees occupy a prominent location within the landscape, any redevelopment of the site should reflect this importance and seek to secure their long-term wellbeing. A previously submitted Aboricultural Report in respect of the trees protected on the whole of the site has been considered in relation to this proposal and it is confirmed based upon the information provided that there is no conflict between the proposed dwelling and the protected Sycamore and Yew trees on this plot. However, it is considered appropriate to attach a condition to any consent that the existing trees should be protected in accordance with the protective measures stipulated in the report. Cont….. Application No. P/06/0451 Continued.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Before the commencement of development the finished slab level of the proposed dwelling shall be agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed details. (3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order) the garage approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling hereby approved. (4) Notwithstanding the submitted plans three off-street parking spaces shall be provided within the curtilage of the site prior to beneficial occupation of the dwelling hereby approved in accordance with details to be agreed with the Local Planning Authority and maintained thereafter free of obstruction for the parking of motor vehicles only. (5) The vehicular driveway shall have a gradient of 1 in 8. (6) The details of the materials to be used in the external finishes of the dwelling hereby approved shall be submitted for consideration and approval in writing with the Local Planning Authority. The development shall be carried out in accordance with the approved details. (7) A scheme for the importation to the site, and the testing for contamination, of soils and materials, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (8) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification) no extensions, or outbuildings other than those approved under this consent, shall be erected within the curtilage of the dwelling hereby approved without the prior approval of the Local Planning Authority. (9) The Sycamore trees, identified as Nos. 257, 258 and 259 in the submitted Aboricultural Report carried out on the 30th September, 2004 by Cardiff Treescapes and subject of Tree Preservation Order No. 49, dated 1982 shall be protected during the course of development in line with the protective measures stipulated at paragraph 6 contained in the said report.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In order to retain effective control over the development. (3-5) In the interest of highway safety. (6) In the interest of visual amenity. (7) To ensure that the site is not adversely affected by any imported contamination. (8) In the interest of residential amenity. (9) In order to protect the trees subject of TPO No. 49.
Cont….. Application No. P/06/0451 Continued.
Advisory Note
The applicant be advised of the comments of the Chief Engineer (Highways and Drainage), Chief Environmental Health Officer and Dwr Cymru/Welsh Water.
The development plan relevant to this application is the Mid Glamorgan Structure Plan and the Adopted Mid Rhymney Valley Local Plan. Policy EV4 of the latter plan is relevant to conditions.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0455 Ms. R. Layman, Erect dwelling on land adjacent to 11/04/06 c/o 1 Mayhill Bungalows, 36 Bailey Street, Deri, Bargoed. off Coronation Road, Blackwood.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: Land adjacent to 36 Bailey Street, Deri, Bargoed.
Site description including area and locality: This application relates to an undeveloped area of steeply sloping land on the valley side situated some 17 metres to the south of 26 Bailey Street, which is an end of terrace property. Domestic garages together with newly constructed detached dwellings are located opposite the site. Open land on the valley side is situated to the rear of the site and to the south of the site.
Development: This application for a dwelling is in outline only with details of access, and siting, to be considered at this stage. Design, external appearance and landscaping are reserved for future consideration.
Dimensions: The site has dimensions of approximately 14 metres along its frontage with Bailey Street and has a maximum depth of approximately 33 metres.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/94/0096 Erect residential development Refused 31/03/94
POLICY
(a) Site Allocation
Development Plan: Upper Rhymney Valley Local Plan - outside settlement limits.
Council Approved UDP: The site is outside the settlement boundary - Policy DC2.
(b) Policies
Development Plan: Upper Rhymney Valley Local Plan - Policy EV1 - presumption against development outside the settlement limits shown on the proposals map, unless it is in the interests of agriculture and forestry.
Cont….. Application No. P/06/0455 Continued.
Council Approved UDP: The site is within a Site of Interest for Nature Conservation as defined by Policy C11 (10) and also within the Special Historic Landscape of Gelligaer Common, identified by Policy HE8(5) of the UDP.
The application has been assessed against general development control criteria in Policy DC1 together with associated supplementary planning guidance contained in Design Guide 1 - Building Better Places to Live.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) objects to the development because the site lacks adequate frontage to provide adequate vision splays for vehicles emerging from the site, to the detriment of highway safety in conflict with Policy DC1 of the UDP.
Chief Engineer (Drainage) provides advice to be conveyed to the developer in respect of surface water discharge.
Chief Environmental Health Officer has no objection to the development subject to a standard condition regarding the importation of soils or materials onto site.
Dwr Cymru/Welsh Water confirms that foul water and surface water discharges must be drained separately from the site. They provide advice to be conveyed to the developer in respect of the same.
Darren Valley Community Council objects to the development because the site is of interest for nature conservation.
ADVERTISEMENT
(a) Extent of Advertisement: The application was advertised on site and neighbouring properties were consulted.
(b) Response
Number of letters: None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont….. Application No. P/06/0455 Continued.
ANALYSIS In the determination of this application, consideration has to be given to the policies quoted above. In this respect given that the policies and proposals in the Council Approved Unitary Development Plan have been through a full process short of formal adoption, they will be given more weight than the older Plans and as such are a material consideration when determining planning applications.
As a site outside the defined settlement in the Council Approved Unitary Development Plan, no justification has been put forward for a dwelling, as required by the exceptional circumstances identified by the policies on settlement boundary, quoted above.
The settlement boundary is one of the key planning mechanisms available to the County Borough Council to protect the integrity and vitality of individual settlements. It contributes to the conservation and protection of those areas, which contributes to the overall landscape area.
The site is also within a Site of Interest for Nature Conservation, and as such residential development on this site would conflict with the aim of the policy, which seeks to ensure that local natural heritage remains as large and diverse as possible. The site is also within a Special Historic Landscape Area and again residential development conflicts with the aim of keeping such areas open in nature.
The highway consideration is also material to the determination of the application. In this respect the Chief Engineer (Highways) objects to the development for the reasons stated above.
In conclusion, to allow such a development would undermine the key mechanisms available to the Local Planning Authority to protect the vitality and integrity of individual settlements and erode the landscape value of the countryside.
RECOMMENDATION that Permission be REFUSED
The reasons for the Council’s decision are:-
(1) The application site is outside the settlement boundary as defined by Policy DC2 of the Council Approved Unitary Development Plan, and would result in a dwelling in the open countryside for which no justification has been put forward. (2) The proposal is contrary to Policy HE8(5)of the Council Approved Unitary Development Plan in that the site is within a defined Special Historic Landscape – Gelligaer Common and if approved will have an unacceptable visual impact in this location. (3) The site is within a Site of Interest of Nature Conservation (SINC) as designated by Policy C10 (10) of the Council Approved Unitary Development Plan. The proposal would result in the incremental loss of part of the SINC, which contains a mixture of habitats that are characteristic of the steep valley sides of the South Wales valleys, and are identified as priority habitats in the UK Biodiversity Action Plan. (4) The site lacks sufficient frontage to provide adequate vision splays for vehicles emerging from the site, to the detriment of highway safety. The development would therefore be in conflict with Policy DC1 of the Council Approved Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0457 Bellway Homes Wales, Re-plan plots 34-39, 64-66, 87-91 11/04/06 Alexander House, and 96 omitting plots 40-45, 63, Excelsior Road, 92-93 to include criblock wall Western Avenue, design on land adjacent to B4600, Cardiff. Penrhos, Caerphilly.
APPLICATION TYPE: RESERVED MATTERS
SITE AND DEVELOPMENT
This application involves the re-plan of a number of plots at the above site. This involves the reduction in overall numbers on the re-planned areas from 24 existing units to 15 proposed, and reduces the overall numbers on this phase of the Castlegate development.
In an accompanying letter the applicant’s agent comments that the reason for this re-plan is to overcome a problem with the area of the site located next to the B4600 (i.e. plots 31-39). In the previously approved plan this area is developed with units set back from the internal access road. This resulted in reducing the sloping garden area to the rear of the dwellings to a relatively small space (approx. 4m in depth).
The re-plan addressed this issue by using alternative units, the majority of which have previously been approved on this site, and pushing them closer to the access road to the north. This allows a substantial area of additional garden to be created.
To make this rear garden area even more usable to the occupants a retaining wall is required. This solution is necessary as the land to the rear cannot be filled with suitable materials as it falls away onto third party land under which there is a gas main.
The form of retaining wall proposed is a permacrib structure that will incorporate permeabags along its length creating a landscaped elevation in time along this boundary. This wall also forms part of the proposal hereby applied for.
The application is also accompanied by dust and noise mitigation reports and landscape drawings. The dwellings to be replaced are, with the exception of one detached house, all linked properties.
With regard to this detached house the re-plan simply involves the substitution of one five-bed house type for another five-bed house type of a similar rectangular styled dwelling. The new house type is one that has not been approved on this phase previously, but is of a scale and massing which is replicated by other, approved dwellings over the site.
The re-planned blocks involve the removal of dwellings to reduce the size of previous links, whilst the main area of differences (i.e. the replanning of plots 34-39) involves the replacement of 12 properties, arranged in three blocks of four dwelling each, by four detached dwellings and a pair of semi-detached properties. Cont…. Application No. P/06/0457 Continued
All of these new houses at this location are of a design, which has previously been approved on the site.
The permacrib wall runs along the southern boundary of plots 34-39 and has a height at its highest point of approximately 5 metres.
This type of wall is constructed in a form which leaves openings for plants to be positioned, which in time gives the wall the appearance of a vegetated bank. The overall length of the wall is approximately 125m over which it rises from 0.5 metres to 5.0 metres in height.
This phase of development is well under way with approximately 25% of the houses completed or under construction.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/91/0443 Construct local distributor road to Approved 09/09/91 proposed residential development 5/5/92/0755(a) Erect residential development, Approved 20/05/93 leisure facility, hotel, restaurant, petrol filling station 5/5/92/0755(b) Construct golf course and amenity Approved 20/05/93 area 5/5/92/0755(c) Construct access road Refused 20/05/93 5/5/93/0205 Erect retail store, pharmacy and Refused 09/03/94 petrol station, car park, landscaping and highways. 5/5/96/0168 Vary Condition (B) of Planning Approved 28/02/97 Consent 5/5/92/0755(a) 5/5/96/0182 Vary Condition (B) of Planning Approved 28/02/97 Consent 5/5/92/0755(a) P/97/0785 Erect leisure development including Approved 06/02/98 cinema/bingo/family entertainment centre/club/restaurant, associated car parking and servicing. P/97/0802 Erect residential development Withdrawn 21/01/99
P/98/0154 Erect bingo, health club and cinema Approved 01/05/98 including games area and family entertainment centre P/98/0379 Vary Condition (N) of 5/5/92/0755 Approved 029/05/98 to allow excavation within the building exclusion zone P/03/0267 Vary Condition (1) of Planning Approved 01/05/03 Consent P/98/0155
Cont…. Application No. P/06/0457 Continued
P/03/0926 Erect mixed use development of Approved & 23.12.03 housing, offices, hotel, public house, Section 106 restaurant, medical centre/crèche Agreement and open space including all engineering and building operations and landscaping P/04/0575 Construct 180 houses Approved 15/09/04
It is a re-plan of part of this latter permission that is currently being applied for. The road pattern etc. will remain identical to this previous approval for 180 houses. It is only the mix of properties on the small pockets within that layout which is subject to change, as well as the inclusion of the retaining wall.
POLICY
The development plan in force comprises the Adopted Mid Glamorgan Country Structure Plan (1989) and the Adopted Caerphilly Basin Local Plan (1983). In the latter plan the site is shown as a suitable one for reclamation, with an after use of “residential/amenity.” The site is also shown as being located within the settlement limit identified in the plan.
Section 54A of the Town and Country Planning Act 1990 requires that all applications shall be determined in accordance with the development plan unless material considerations indicate otherwise, it is accepted that the Council Approved Unitary Development Plan represents such a material consideration.
Bearing in mind the detailed nature of the reserved matters application, the policies of relevance to it are:-
Adopted Caerphilly Basin Plan - EV2 – Development Criteria. Approved Council Unitary Development Plan – Policy DC1 – Development Criteria. Approved Council Unitary Development Plan – PolicyH2 – Development on unallocated sites.
Regard has also been paid to the guidance in Planning Policy Wales (March 2002) and to the Council’s Supplementary Planning Guidance “Building Better Places to Live.”
CONSULTATION
Chief Environmental Health Officer raises no objection subject to conditions being imposed in respect to imported soil monitoring, gas protection measures and the withdrawal of permitted development rights.
Chief Engineer (Highways) raises no objection on highway safety grounds.
Chief Engineer (Drainage) states that he has no further comment on this proposal. He stands by his previous drainage comments on the wider site.
Cont…. Application No. P/06/0457 Continued
Caerphilly Town Council makes no comment on the application.
ADVERTISEMENT
The site was advertised by way of site notices and direct notification to the nearby public house and Lidl Store. No responses were received as a result of this consultation procedure.
ENVIRONMENTAL IMPACT ASSESSMENT
The site was under the threshold to be screened for an Environmental Impact Assessment. It should also be noted that the total Castlegate development has been the subject of an Environmental Impact Assessment when the application for site remediation was considered (i.e. P/03/0926).
SECTION 17 CRIME AND DISORDER ACT
Crime and disorders were not issues in this case but the developer will be advised to contact the Police Architectural Liaison Officer to discuss Secure by Design issues.
E.U. HABITATS DIRECTIVE
In the consideration of the outline application for the whole of the Castlegate site (P/03/0926) the issue of the protected species was considered with the conclusions that no such species were affected.
ANALYSIS
In considering this proposal due regard has been paid to the following issues:-
1. Planning History. 2. Policy Context and Legislative Advice. 3. Consultation Reponses.
1. The planning history clearly shows that the proposed re-plan areas are part of an already approved phase of residential development. There is considered to be no matters in the history, which would preclude the revision proposed and the retaining wall structure now being applied for.
2. The criteria contained in the Adopted Caerphilly Basin Local Plan Policy EV2 have been incorporated into and expanded upon those contained in the Council Approved Unitary Development Plan, Policy DC1. Consideration of the latter policy therefore covers both sets of criteria.
In this regard the proposal complies with the requirements in respect to the following:- (i) compatability with its surroundings (ii) in terms of the acceptability of its design, scale and layout and (iii) it provides adequate on site parking. Cont…. Application No. P/06/0457 Continued
As such the houses comply with the above policies, as does the wall, which is a substantial structure which will be visible from the B4600, as it runs to the south of the site.
This wall is required to retain the garden areas of the dwellings whilst allowing a useable area of space to be achieved for the benefit of the occupiers of the dwellings. As a result of its design and will in time change its appearance and become a green wall.
With regard to Policy H2 (development on unallocated sites) it is recognised that although the proposal is part of a large residential site, none of the Castlegate land was allocated for housing purposes in the Unitary Development Plan.
It therefore falls to be considered under this Policy. In respect to the two criteria specified in Policy H2 (i.e.(i) the adverse impact of neighbouring land; and (ii) the spoiling of existing residential areas by insensitive infilling) it is considered that this proposal does not conflict with either criterion.
In the circumstances there are no policy objections to this application.
3. It is evident from consultation responses contained in this report that none of the standard consultees raises sufficient objection to warrant refusal of this proposal. It is considered that the comments made can be adequately addressed by way of control exercised through the imposition of conditions.
No comments were received in respect to the consultation exercise with the general public.
In the circumstances it is considered that this reserved matters application is acceptable in respect to the details of the development proposed, subject to the conditions specified below.
RECOMMENDATION that (A) Permission be GRANTED
(1) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the houses and garages hereby permitted have been submitted to and approved in writing by the Local Planning authority. Development shall be carried out in accordance with the approved details. (2) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting this Order) with or without modification), no garages or extensions shall be erected (other than those expressly authorised by this permission) at the development hereby approved. (3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwellinghouse forward of any walls of that dwellinghouse which front onto a road. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed at the dwellings hereby approved. Cont…. Application No. P/06/0457 Continued
(5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) the garages approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garages shall be available at all times for the parking of motor vehicles associated with the residential use of the dwelling hereby approved. (6) The areas indicated for the parking of vehicles shall be laid out in accordance with the submitted plans and completed in permanent materials in accordance with details to be agreed with the Local Planning Authority prior to occupation of the dwellings commencing. The parking areas shall thereafter be maintained free of obstruction for the parking of motor vehicles only. (7) No obstruction or planting when mature exceeding 600mm shall be placed or allowed to grow within the required vision splays of 2.4m x 3.3m when measured at the centre of any driveway or private access along the back edge of the footway where such access emerges onto a footway. (8) Prior to commencement of development on the retaining wall hereby approved, calculations to support the capacity of the structure shown shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter the wall shall be constructed on accordance with these agreed calculations. (9) The development shall be carried out in accordance with the Construction Dust Mitigation Strategy submitted with this application on 11th April, 2006. (10) The development shall be carried out in accordance with the Construction Phase – Noise Predictions and Mitigation Advice for Residential Property Assessment with this application on the 11th April, 2006. (11) Prior to the commencement of the development hereby approved a scheme for the importation to the site and testing for contamination of soils and materials must be submitted to and agreed in writing with the Local Planning Authority. This must include a validating report. The development shall thereafter be carried out in accordance with the approved scheme. The validation report shall include a statement to the effect that none of the material contains or is suspected of containing Japanese Knotweed, asbestos or any material contaminated by natural or synthetic hydrocarbons. (12) Prior to development commencing details of an integrated and comprehensive drainage scheme, including foul and surface water and land drainage shall be submitted and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be implemented concurrently with the development.
The reasons for the Council’s decision are:-
(1) In the interests of visual amenity. (2-4) In order to retain effective control over the development. (5) To maintain adequate off-street parking in the interest of highway safety. (6&7) In the interest of highway safety. (8) To ensure that the retaining use has the capability to support the garden area, in the interests of the safety of the residents of the dwellings. (9&10) In the interests of residential amenity. (11) To protect the site from pollution and the spread of invasive species. Cont…. Application No. P/06/0457 Continued
(12) To ensure that the site has adequate drainage.
(B) The applicant be advised of the comments of the Chief Environmental Health Officer and is advised to contact the Police Architectural Liaison Officer to discuss Secure by Design Matters.
(C) The applicant be advised of the need for the continuing compliance with Condition (33) of outline permission P/03/0926, which addresses the requirement for gas protection measures to be included within the buildings on site.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0460 Ms. A. Bell, Change the use from retail to hot 12/04/06 Flat 1, food takeaway at 5 Commercial 2a George Street, Street, Aberbargoed, Bargoed. Cwmcarn, Newport.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: 5 Commercial Street, Aberbargoed.
Site description: The application site is a vacant former retail premises on the eastern side of Commercial Street near its junction with Mount Pleasant Street. Whilst the property is in the retail area of Aberbargoed it is a mixed-use area and the properties on the eastern side of the road are mostly residential.
Development: The application proposes the change of use of the property from Class A1 (general retail) to a Class A3 (hot food takeaway) as defined by the Town and Country Planning (Use Classes) Order 1987. The particular type of hot food has not been specified and there would be no alterations to the external appearance of the property.
PLANNING HISTORY
None.
POLICY
(b) Site Allocation
Development Plan: Inside settlement limits in the adopted Mid Rhymney Valley Local Plan.
Council Approved UDP: Inside settlement limits.
(b) Policies: Development Plan: Policy EV4 of the Mid Rhymney Valley Local plan advises that development will only be permitted where its size, scale, layout, materials and design are in keeping with the surrounding environment.
Council Approved UDP: Council Approved Unitary Development Plan Policy DC1 states that development will be permitted where it can be shown that it is well designed in terms of its setting, scale, density, layout, materials and landscaping, has regard for the safe, effective and efficient use of the transportation network and provides adequate parking provision. Cont…. Application No. P/06/0460 Continued
Criterion C of Policy R12 advises that proposals for change of use to A3 will only be permitted where “The proposal would not result in an unacceptable loss of residential amenity by virtue of noise, smell and other nuisance.”
CONSULTATION
Chief Engineer (Highways) raises an objection to the proposal because it would increase short- term on-street parking.
Chief Environmental Health Officer raises an objection to the proposal as it is in a residential area and would be likely to have a detrimental impact on the amenity of neighbouring properties.
ADVERTISEMENT
(b) Extent of advertisement: Site notice and neighbour notification.
(b) Response: Eight letters and a petition containing 198 signatures were received.
Summary of response:
• There are no parking facilities and the shop is too close to the traffic light junction with Bedwellty Road. • The proposal would lead to noise and disturbance. • There are already too many hot food takeaways in Aberbargoed. • The proposal will lead to anti social behaviour in the area.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were considered in this case and an objection has been received from Gwent Police as they feel that the proposal will lead to anti social behaviour.
ANALYSIS
The development has been considered with regard to current local plan policies and supplementary planning guidance.
The main points to consider in the determination of the application are the objections received from local residents and the comments from consultees. In that regard each objection is considered below.
Cont…. Application No. P/06/0460 Continued
Whilst the applicant has indicated car-parking provision on land adjacent to the Village Hall this has already been dedicated to provide parking for the new retail venture at that property. Consequently the Chief Engineer (Highways) has raised an objection to the proposal as it is considered that it would lead to a greater intensity of short term on street parking along Commercial Street which would affect the safety and free flow of traffic to the detriment of highway safety. It should be noted that the application property is close to the traffic lighted junction of Commercial Street and Bedwellty Road together with a bus stop and a crossing point. It is considered that the additional traffic associated with this development together with the highway constraints in the area would lead to a considerable danger to highway safety.
With regard to the effect of the proposal on the residential amenity of the area it should be noted that whilst the property is within the retail area for Aberbargoed this area is not identified as such in the Unitary Development Plan. Consequently the area falls to be considered as a mixed-use local centre serving the needs of the community and is predominantly residential in character. As a result the residential amenity of the local residents is a material consideration in the determination of the application and in that regard members will note that the Chief Environmental Health Officer has raised an objection to the proposal as it is considered that the proposal would be detrimental to the residential amenity of the area.
It is not for the planning system to decide on competition between businesses. This is a matter for market forces to decide and not one over which the Local Planning Authority has any control. However, if the Local Planning Authority decides that an additional hot food takeaway would exacerbate existing amenity problems then this can be taken into consideration.
With regard to the likelihood that the proposal will lead to anti-social behaviour members will note that an objection in that respect has been received from Gwent Police. Under Section 17 of the Crime and Disorder Act the Local Planning Authority has a duty to ensure that it does what it reasonably can to prevent crime and disorder in its area. In light of the advice received from the Police members are advised that it is considered that the proposal would be likely to exacerbate the likelihood of anti social behaviour and crime and disorder within this area and therefore by refusing permission, the Local Planning Authority has done all it reasonably can in this respect.
RECOMMENDATION that Permission be REFUSED
The reasons for the Council’s decision are:-
(1) The proposal is contrary to Criterion D of Policy DC1 of the Council Approved Unitary Development Plan in that adequate parking provision has not been provided, and it would lead to a greater incidence of short-term on-street parking close to a traffic light junction, thereby impeding the free flow of traffic to the detriment of highway safety. (2) The proposal by virtue of noise and odour nuisance in an area already experiencing difficulties with such issues would be detrimental to the residential amenity of neighbouring properties and as such the proposal is contrary to Criterion A of Policy DC1 and Criterion C of Policy R12 of the Council Approved Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0470 Miss. A. Francis, Rebuild front boundary wall at 9 13/04/06 9 Troed y Bryn, Troed y Bryn, Penyrheol, Penyrheol, Caerphilly. Caerphilly.
APPLICATION TYPE: DEEMED CONSENT
SITE AND DEVELOPMENT
Location: 9, Troed y Bryn, Penyrheol, Caerphilly. The property is located on a mature Council built housing estate. The front of the property has a southeast aspect.
House type: Semi-detached house with side extension. Front garden is raised above street level.
Development: The proposal is to erect a retaining wall to the front and side of the dwelling, to replace the existing wall.
Dimensions: The retaining wall has a maximum length of 20m and is a maximum of 1.8m in height.
Materials: The details indicate a blockwork wall with facing brick finish.
Ancillary development, e.g. parking: None proposed.
PLANNING HISTORY
None.
POLICY
(a) Site allocation
Development Plan: Caerphilly Basin Local Plan – within settlement boundary, not allocated.
Council Approved UDP: Land within settlement boundary, not allocated.
(b) Policies Development plan: Policy EV2 (standard development control criteria) of the Caerphilly Basin Local Plan.
Council Approved UDP: DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance).
Cont………. Application No. P/06/0470 Continued
CONSULTATION
Chief Engineer (Consultancy) raises no objection and finds the proposals satisfactory.
ADVERTISEMENT
(a) Extent of advertisement: Four neighbours notified.
(b) Response
Number of letters: None.
ANALYSIS
Policies:
The retaining wall is a necessary feature in respect of the front garden being elevated above the road level, and structural calculations are a requirement on the grounds that public safety is affected.
The appearance of the wall forms the other aspect for consideration. The details indicate a facing brick finish, which is the character of the existing wall at this property, and others in the vicinity. However, the submission does not include adequate detail to ensure the brickwork would match the existing house, or that they would be of a satisfactory finish at this location. It is; therefore, appropriate to attach a condition to require those details.
Comments from consultees:
Chief Engineer has commented that the structural calculations are satisfactory.
RECOMMENDATION that Deemed Consent be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Prior to commencement of development details of the facing brickwork to be used in the construction of the retaining wall hereby approved shall be submitted to and approved by the Local Planning Authority. Development shall be in accordance with the approved details.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interest of visual amenity.
Cont………. Application No. P/06/0470 Continued
Advisory Note
Development plan policies relevant to conditions: The development plan for this area consists of the Mid Glamorgan Structure Plan, the Caerphilly Basin Local Plan, and the Council Approved Unitary Development Plan. Policy EV2 of the Caerphilly Basin Local Plan, and Policy DC1 of the Council Approved Unitary Development Plan are relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0473 Wales & West Housing Erect residential development at 13/04/06 Associates Limited, 32-43 Wellington Way, Rhymney, 3 Alexandra Gate, Tredegar. Cardiff.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: Land at 32-43 Wellington Way, Rhymney.
Site description including area and locality: The plot of land, was formerly occupied by flats, which were demolished in 2002. Residential flats are located to the north of the site, detached dwellings are located to the west of the site beyond the highway, and a footpath runs along the eastern boundary of the site beyond which is public open space.
An existing access road is located to the north of the site leading off the main B4257 Wellington Way.
The topography of the site slopes mainly downwards from east to west giving a maximum difference in levels of approximately 4 metres.
Development: This application is for residential development and is in outline only with details of access, siting, design, external appearance and landscaping being reserved for future consideration.
Dimensions: The site has dimensions of approximately 110 metres along its frontage with Wellington Way and a maximum of 56 metres in depth.
PLANNING HISTORY
Reference No. Description Decision Date P/02/0227 Demolish 12 flats Approved 28/03/02
POLICY
(a) Site Allocation
Development Plan: Upper Rhymney Valley Local Plan - within settlement limits.
Council Approved UDP: Policy DC2 - within settlement limits. Cont….
Application No. P/06/0473 Continued
(b) Policies
Development Plan: Upper Rhymney Valley Local Plan - Policy EV3 standard development control criteria.
Council Approved UDP: Policy H2 states:-
“Proposals for housing development on windfall sites within settlement boundaries will be permitted provided that:-
A Neighbouring land uses will not detract from residential amenity of the development; and B The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”
The application has been assessed against general development control criteria in Policy DC1 together with associated supplementary planning guidance contained in Design Guide 1 - Building Better Places to Live.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection to the development subject to conditions requiring that there shall be no vehicular access to or from Wellington Way. Parking for the proposed development shall be made in accordance with DDG13 Car Parking Standards and full engineering details of the proposed highway to be submitted for consideration and approval in writing with the Local Planning Authority.
Chief Engineer (Drainage) provides advice to be conveyed to the developer in respect of surface water discharge and requests a condition that the applicant must submit comprehensive details of how surface water, foul and land drainage flows from the site will be dealt with.
Chief Environmental Health Officer has no objection to the development subject to a standard condition regarding the importation of soils or materials onto site.
Dwr Cymru/Welsh Water confirms that foul water and surface water discharges must be drained separately from the site. They provide advice to be conveyed to the developer in respect of the same together with the provision of a water supply.
Rhymney Community Council raises no objection to the development.
Cont…. Application No. P/06/0473 Continued
ADVERTISEMENT
(a) Extent of Advertisement: The application was advertised on site and neighbouring properties were consulted.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
There are no implications in terms of crime and disorder but the applicants will be advised to contact the Police Architectural Liaison Officer to establish Secure by Design principles for incorporation in the reserved matters submission.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
The development has been considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies DC1, DC2, and H2 of the Council Approved Unitary Development Plan.
Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Residential development on this site would reflect the land uses in the general locality and would be compatible with the existing uses in the area. The principle of residential development on the site is accepted given its previous residential use. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. In this respect the applicant has confirmed that such matters are reserved for future consideration and are not included in this outline application.
The development of this site adheres to Policy DC2 in that it promotes the full and effective use of urban land and serves to concentrate new development within the existing settlement of Rhymney.
Policy H2 permits housing development on windfall sites within settlement boundaries provided the criteria outlined therein could be adhered to. The design and layout of the development will be critical in terms of ensuring that the neighbouring land uses will not detract from the residential amenity of the development. Furthermore the design of the development will be of critical importance in terms of ensuring that the development does not result in insensitive or inappropriate infilling which would spoil the character of the existing townscape. In this context, these issues may be addressed in the determination of reserved matters. Cont…. Application No. P/06/0473 Continued
The concerns of the Chief Environmental Health Officer and Chief Engineer (Highways and Drainage) referred to above may be addressed by attaching appropriate conditions to any consent.
It is considered that the development does not conflict with local plan policies and is therefore acceptable in planning terms.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto, finished floor levels in relation to a fixed datum point and the soft and hard landscaping of the site including details of walls and fences (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) There shall be no vehicular access to or from Wellington Way. (6) Parking provision for the development shall be made in accordance with Supplementary Planning Guidance contained in Design Guide 13 – Car Parking Standards. (7) Unless otherwise agreed with the Local Planning Authority notwithstanding the submitted plans, prior to the commencement of work on site full engineering details of the works shown on amended Drawing No.1578/01A, date stamped 18th May, 2006, shall be submitted to and agreed with the Local Planning Authority. The works shall be completed in accordance with the agreed details prior to beneficial occupation of the residential development hereby approved. (8) Prior to the commencement of work on site until a scheme for the importation to the site, and testing for contamination, of soils and materials, has been submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (9) Prior to the commencement of work on site the developer shall prepare a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed details.
Cont….
Application No. P/06/0473 Continued
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5-7) In the interests of highway safety. (8) In the interest of public amenity. (9) To ensure satisfactory drainage of the site.
Advisory Note
The development plans relevant to policies are the Mid Glamorgan Structure Plan and the Adopted Upper Rhymney Valley Local Plan. Policy EV4 of the Local Plan and Policy DC1 of the Council Approved Unitary Development Plan are relevant to conditions attached to this consent.
The applicant is advised of the comments of the Chief Engineer (Drainage), Chief Environmental Health Officer and Dwr Cymru/Welsh Water, and further advised to contact the Police Architectural Liaison Officer to ensure that the details of the development of this site comply with Secure by Design principles.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0497 Mr. M. Hathaway & Change the use to hackney 20/04/06 Ms. R. Barron, carriage/private hire booking office 15 Wern Fach, and waiting area at Station Garage, Hengoed Hall, High Street, Blackwood. Hengoed.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: On the eastern side of High Street at the northern end of Blackwood Town Centre.
Site description including area and locality: The site comprises a former garage premises opposite the TA Centre and backing onto the Blackwood Retail Park. Immediately to the north is the recently erected KFC/Dominos Pizza development and to the south is a residential development containing eight flats.
Development: Permission is sought for the use of one room at the front of the premises as a hackney carriage/private hire booking office.
PLANNING HISTORY
Reference No. Description Decision Date P/05/1554 Use of part of building for sale of Refused 05/01/06 motorcycles and quad bikes P/05/0916 COU of garage to retail Approved 19/08/05 P/05/0415 COU of garage to retail Refused 02/06/05 P/05/0119 Vary conditions of P/04/1397 Approved 11/03/05 P/04/1397 Erect A3 premises and COU of car Approved 14/01/05 sales building to B1 or A2 office use P/03/1423 Erect A3 premises,A1 retail unit Approved 03/06/04 and COU of car sales building to B1 or A2 office use P/96/0343 Retain use for car sales Approved 12/09/96
POLICY
(a) Site Allocation Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.
Council Approved UDP: The site lies within the settlement boundary and the Retail Area of Blackwood Town Centre. Cont….. Application No. P/06/0497 Continued.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – None.
Council Approved UDP: Policy DC1 (development criteria).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for and EIA? No.
CONSULTATION
Chief Engineer (Highways) objects to the proposal on highway safety grounds.
Chief Environmental Health Officer objects to the proposal on the grounds that late night nuisance would be caused to the adjoining residential properties by virtue of vehicle movements and customer activity.
ADVERTISEMENT
(a) Extent of advertisement: Four neighbouring premises were notified by letter, and a site notice was displayed.
(b) Response
Number of letters: None.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policies:
The site lies within the Retail Area of Blackwood Town Centre and has previously been used for car sales and hire; the taxi office use has already commenced and the predominant considerations are the suitability of the use in relation to neighbouring uses, and highway safety. These matters are addressed in the consultation responses below.
It should also be noted that the permission for the adjoining A3 development and the change of use of the car sales building to B1 and A2 offices (P/04/1397) was subject to a Section 106 undertaking restricting the use of the garage to B1 and A2 offices, and A1 retail use if permission is granted for such use, and expressly forbidding its use for vehicle hire or sales. A taxi booking office is a sui generis use (not falling within any Use Class), and it would appear, therefore, that such use would require a variation of the Section 106 undertaking in addition to planning permission. Cont….. Application No. P/06/0497 Continued.
Comments from consultees:
Chief Engineer (Highways) objects to the proposal on the grounds that the use would increase short-term parking along High Street and turning manoeuvres. The applicant has stated that staff would park to the rear of the premises and that permission has been obtained to park vehicles within the car park of the Aldi store on the opposite side of High Street. Such an arrangement is not considered to be practicable or reasonably related to the development, however. It should be noted that taxis have been observed parking on the forecourt of the premises and manoeuvring on the footway.
Chief Environmental Health Officer objects to the proposal on the basis that late night vehicle movements and customer activity would be detrimental to the residential amenity of the adjoining flats (Cwrt Glanhowy).
RECOMMENDATION that (A) Permission be REFUSED
The reasons for the Council’s decision are:-
(1) The use would give rise to an increase in short-term parking along High Street to the detriment of highway safety, and would, therefore, be contrary to Policy DC1 of the Council Approved Unitary Development Plan. (2) The use would give rise to increased turning manoeuvres which would be hazardous for all classes of highway user, and would, therefore, be contrary to Policy DC1 of the Council Approved Unitary Development Plan. (3) The use would be detrimental to the amenity of the adjoining residential occupiers by virtue of late night vehicle movements and customer activity, and would, therefore, be contrary to Policy DC1 of the Council Approved Unitary Development Plan.
(B) That authorisation is granted to serve an Enforcement Notice to secure the cessation of the use. In the event of non-compliance with any notice served, authorisation is also sought to take such legal proceedings as may be required in order to terminate the breach of planning control.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0499 Mr. G. Phelps, Construct large double garage with 24/04/06 64 Park Place, storage space over at 64 Park Place, Risca, Risca, Newport. Newport.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: On the north-western side of Park Place at its junction with Park Road.
House type: End of terrace house.
Development: Permission is sought for the erection of a double garage with storage space above.
Dimensions: The building would measure 12m wide x 8.9m deep with a height of 6.5m to the ridge.
Materials: Render and fibre cement slates.
PLANNING HISTORY
Reference No. Description Decision Date 2/8842 Detached dwelling Refused 18/09/89
POLICY
(a) Site Allocation:
Development plan: Adopted Islwyn Local Plan – the site lies within the settlement envelope.
Council Approved UDP: The site lies within the settlement boundary.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – Policies D1-D6 (design of the built environment) and H4 (extensions to dwellings).
Council Approved UDP: Policy DC1 (development criteria), and advice contained within Development Design Guide 2: Householder Developments.
Cont….. Application No. P/06/0499 Continued.
CONSULTATION
Chief Engineer (Highways) has no objection.
ADVERTISEMENT
(a) Extent of advertisement: Three neighbouring properties were notified by letter and a site notice was displayed.
(b) Response
Number of letters: Two.
Summary of objections:
• Building is too large and could be easily converted to a dwelling. • The building would be overbearing. • The development would result in loss of privacy. • The building could be used for business purposes. • The vehicles and items stored could constitute a fire hazard. • Neighbouring properties would be devalued.
ANALYSIS
Policies:
The application as originally submitted was for a building occupying the same footprint but with eaves and ridge heights 1m higher, accommodating a large garage (including a high section to house a boat) with storage area above. The massing of the building would resemble a two-storey dwelling and was considered to be contrary to policy and design guidance relating to curtilage buildings in that it would be out of keeping with the dwelling and neighbouring properties.
It was also considered that the building would have an overbearing effect on the neighbouring dwelling by virtue of its height and massing close to the boundary, and that the insertion of first-floor windows in all elevations would be detrimental to the privacy of neighbouring properties.
These matters were raised with the applicant and amended drawings have been received which indicate a reduction in eaves and ridge heights by 1m and a consequent reduction in size of the first-floor storage area.
While the footprint and massing of the building are still large in the context of a residential curtilage, the rear curtilage of the property is relatively large and it is considered that sufficient amenity area would remain. The revised proposal is, therefore, considered to be acceptable in terms of the massing and design of the building.
Cont….. Application No. P/06/0499 Continued.
Comments from public:
The building is a large structure that would be close to the boundary with the neighbouring property, and will inevitably have some impact on the occupiers of that dwelling. However, while the original proposal would have an overbearing effect on the neighbouring property, it is considered that the reduced massing would reduce this impact to an acceptable level. The building would lie to the north of the neighbouring dwelling and would not, therefore, have an overshadowing effect.
The amended scheme involves the deletion of all windows except for one facing Park Road (roof lights to front and rear are retained). There would not, therefore, be any loss of privacy for neighbouring properties.
With respect to possible conversion to a dwelling or use for business purposes, such changes of use would be subject to future control. However, it is considered prudent to impose a condition on any permission clarifying that the use of the building is limited to purposes ancillary to the dwelling.
The other matters raised by the objectors relate to potential fire hazard - it would be the applicant’s responsibility to ensure that vehicles or other items stored did not give rise to such hazard, and devaluation of property, which is not a material planning consideration.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission relates to the amended drawings received on the 26th May, 2006. (3) The use of the garage/storage building hereby approved shall be for purposes ancillary and incidental to the use of 64 Park Place, Risca, as a dwellinghouse and for no other purpose whatsoever.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the approved scheme, in the interests of residential amenity. (3) In the interests of residential amenity.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0507 Urban Renewal Section, Erect new office development with 21/04/06 Planning Division, associated public realm works and Caerphilly County Borough Council, ancillary car parking on land to the Council Offices, rear of High Street, Blackwood. Pontllanfraith, Blackwood.
APPLICATION TYPE: DEEMED CONSENT
SITE AND DEVELOPMENT
Location: The application site is at the rear of 121 High Street, Blackwood and currently forms part of the public car park.
Development: Deemed consent is sought for the erection of an office building with associated public realm works and ancillary car parking. The application is in outline with all matters reserved for approval, but an illustrated scheme has been submitted that shows a four-storey building with room in the roof, with office and public toilet accommodation at the lower ground floor, and office accommodation on the remaining floors. The total office floor space required is 1000 square metres accommodating some 70 to 80 employees. Number 121 High Street would be demolished and pedestrian access with steps and ramps to comply with the Disability Discrimination Act provided between the highway and the new building. Access would also be available from the Hall Street/Cliff Road roundabout. Further design information has been submitted but the final design will probably be different. The intention is that should permission be granted, the applicant will invite tenders to design and build the scheme, and whichever is chosen will be the subject of a reserved matters submission. At that point the Local Planning Authority will have the opportunity to consider the acceptability of the scheme in planning terms.
Parking spaces displaced by the building will be replaced on two nearby sites at the rear of William Street with access from Hall Street, and to the south of the Masonic Hall on Cliff Road.
Dimensions: The site of the building and the access to High Street has an area of approximately 0.3 ha., whilst the parking areas at Hall Street and Cliff Road have areas of approximately 0.12 ha. and 0.07 ha. respectively.
PLANNING HISTORY
There is no planning history of direct relevance to this proposal.
Cont….
Application No. P/06/0507 Continued
POLICY
(a) Site Allocation
Development Plan: The site is within the settlement defined in the Adopted Islwyn Local Plan with the area proposed for the building allocated for rear servicing and improved car parking (Policy B1).
(b) Development Plan: Adopted Islwyn Local Plan policies E9 (office development within or adjacent to Blackwood Town Centre), TR4 (off-street parking), D1-D9 (design of the built environment) and B4 (environmental improvements in Blackwood Town Centre) are relevant to the consideration of this application.
Council Approved UDP: Policies DC1 (standard development control criteria) and R2 (retail centre enhancement) and relevant to the proposal.
ENVIROMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? Yes.
Was an EIA required? No.
CONSULTATION
Chief Engineer (Highways) has no objections subject to conditions in respect of a servicing area, the provision of a parking area and details of pedestrian routes.
Chief Engineer (Drainage) has no objections subject to a condition in respect of drainage and provides advice about drainage matters.
Chief Environmental Health Officer has no objections subject to conditions in respect of contamination, noise, odour abatement and lighting.
ADVERTISEMENT (a) Extent of advertisement: The application has been advertised on site, in the press and by direct neighbour consultation of forty neighbouring properties.
(b) Response: Number of letters: Eight letters have been received.
Summary of objections: • Land at the rear of High Street is used for operational purposes by an estate agent.
Cont…. Application No. P/06/0507 Continued
• Loss of access right for parking.
• Loss of privacy for occupants of properties in William Street due to the overlooking from offices.
• Objection to Hall Street car park because it will attract young people in cars who will litter and urinate in the area.
• Increased pollution from car exhaust fumes.
• Residents advised in the past by CCBC that the site at Hall Street will not be a car park.
• The access to the Hall Street car park is at a dangerous bend.
• Permission refused for a car park at Hall Street in 1994 and supported at appeal.
• Adequate parking in the area.
• Objection to the Cliff Road car park because it will be used by ‘boy racers’ until late into the night.
• Loss of property value.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
There are two main elements to this scheme: the office building and the car parks. The office building would not cause crime and disorder problems but clearly the final design should take account of secure by design principles. Car parks are often used for racing cars and anti-social behaviour. However, they are a necessary part of any development and it will be recommended later in this report that access to them should be limited to working hours, which should reduce unauthorised and anti-social access later at night.
EU HABITATS DIRECTIVE Does the development affect any protected species? No.
ANALYSIS There are no objections in principle to this form of development in a town centre location, and although it results in the loss of a parking area supported by the local plan, it represents only a small area of the overall provision in Blackwood.
Cont…. Application No. P/06/0507 Continued
To accommodate the required floor space, the building will be relatively large – the illustrative plan shows a four-storey building with rooms in the roof. It will be a landmark in the area that will be clearly visible from the surrounding residential properties particularly those on William Street and Hall Street. Care will have to be taken to ensure that the privacy of those properties is not adversely affected. Its design, landscaping and relationship with Hall Street and High Street will also be important considerations.
Concern has been expressed about the provision of access to the neighbouring properties in High Street, but this can be resolved by condition. Local residents are also concerned about the anti-social use of the proposed car parks. Appropriate means of enclosure could screen them. Also, the parking areas are proposed for the use of the occupants of the offices and so a condition could be imposed to require then to close outside office hours. Planning permission was refused in 1994 for an extension to Blackwood R.F.C. clubhouse, which at that time was at Hall Street, which included an overflow car park at the rear of William Street where a car park is currently proposed. In considering the appeal against the refusal, the Inspector commented that the rear wall of that car park would be barely 5 metres from the rear walls of the houses and late night usage would be likely to cause considerable disturbance to occupants of neighbouring dwellings to the significant detriment of the enjoyment of their amenity. This underlines the need to restrict the use of the car park. With regard to the loss of parking, the Chief Engineer (Highways) has not raised any objections.
The matter raised by statutory consultees can be addressed by condition.
RECOMMENDATION that Deemed Consent be GRANTED
(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced (2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) Access to the car parking areas hereby approved shall be prevented at all times outside the hours of 0700 hours to 1900 hours by means of a barrier system, details of which shall be agreed in writing with the Local Planning Authority. (6) Prior to the first use of the car parks hereby approved means of enclosure shall be erected in accordance with a scheme to be agreed in writing with the Local Planning Authority.
Cont…. Application No. P/06/0507 Continued
(7) Prior to commencement of the development a scheme to deal with the contamination of the site has been submitted to and approved in writing by the Local Planning Authority. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. (8) No building approved by this permission shall be occupied until a report has been submitted to and approved in writing by the Local Planning Authority, which verifies that the required works have been undertaken in accordance with the remediation strategy. (9) Prior to development commencing on site, details of all external and roof mounted plant/machinery shall be submitted to and agreed in writing with the Local Planning Authority. These details shall include the location of the plant and predicted noise levels (measured as a Laeq 1 hour) as measured on the boundary of the application site. Thereafter these agreed details shall be fully installed prior to the use of each of the units commencing. (10) A detailed scheme of odour abatement shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the use of the building hereby permitted. This should include the erection of any stacks or vents associated with the use of the premises; the development shall thereafter be carried out in accordance with the agreed scheme. (11) Notwithstanding the submitted plans, details of the servicing area required for the unit shall be submitted to and agreed by the Local Planning Authority as part of the details required by Condition (1) above. The area shall be maintained thereafter free of obstruction for the servicing of the unit only. (12) The parking area adjacent to William Street (detailed as area 2 in the application) shall be completed in permanent materials prior to beneficial occupation of the building hereby approved and maintained thereafter free of obstruction for the parking of vehicles associated with the building only. (13) The development shall be carried out in accordance with a scheme of surface water, foul and land drainage, that shall have been agreed in writing with the Local Planning Authority. (14) Any lighting associated with the development hereby approved shall be carried out in accordance with a scheme that shall be first agreed in writing with the Local Planning Authority.
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5&6) In the interests of residential amenity. (7-10) To prevent pollution. (11&12) In the interest of highway safety. (13) To ensure satisfactory drainage. (14) In the interests of residential amenity. Cont….
Application No. P/06/0507 Continued
Advisory Note
The applicant’s attention is drawn to the comments of the Chief Engineer (Highways and Drainage) and Chief Environmental Health Officer, and is advised to contact the Police Architectural Liaison Officer to discuss the security of the approved building.
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to the conditions imposed on this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0508 Mr. M. Jones, Develop land for residential 24/04/06 46 Ashfield Road, dwellings at The Inn on the Park, Newbridge. Fields Park, Newbridge.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: On the northern side of the Gilboa Road/Twyn College minor road, to the east of Edwards Terrace.
Site description: The site comprises open land with a banking on the highway frontage; the site then rises gently towards the rear boundary and the north-western corner of the site. The site is largely to grass but has mature hedgerow trees on the rear boundary and part of the frontage. The site contains the base of a former building and forecourt contained by a retaining wall on a section of the front boundary. The site is bounded by agricultural land to the west, north and east (Edwards Terrace is some 15m from the eastern extremity of the site), and to the south on the opposite side of the minor road lie a sports ground and a bungalow.
Development: Outline permission is sought for residential development with all matters reserved for further approval.
Dimensions: The site has a maximum width of 120m and a maximum depth of 35m.
PLANNING HISTORY Reference No. Description Decision Date 2/9305 COU to public house with Approved 13/08/90 extension 2/9955 Cellar extension Refused 24/05/91 2/9958 Car park Refused 24/05/91 2/11423 Demolition of public house Withdrawn and erection of 12 houses 2/11615 Demolition of public house Refused 17/02/94 and erection of 5 houses (Appeal dismissed) 2/12737 Erection of 2 bungalows Refused 05/02/99 POLICY (a) Site Allocation Development Plan: Adopted Islwyn Local Plan – the site lies outside the settlement envelope.
Cont…. Application No. P/06/0508 Continued
Council Approved UDP: The site lies outside the settlement boundary.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – Policies H5 (settlement envelopes) and H6 (dwellings in the countryside).
Council Approved UDP: Policies DC1 (development criteria) and DC2 (settlement boundary).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) objects to the proposal on the grounds that the highways serving the site are not suitable for further development.
Chief Environmental Health Officer requests that a condition be imposed on any permission regarding the importation of soil.
Dwr Cymru/Welsh Water advises that foul and surface water discharges must be drained separately from the site and that no surface water or land drainage run-off will be permitted to discharge to the public sewerage system. It also advises that a public sewer crosses the site, the route of which must be protected.
Chief Engineer (Drainage) gives general advice on the drainage of the site and requests that a condition be imposed on any permission requiring the approval of a comprehensive drainage scheme for the site before development commences.
ADVERTISEMENT (a) Extent of advertisement: Four neighbouring properties were notified by letter and a site notice was displayed.
(b) Response Number of letters: One.
Summary of objections: • The site lies outside the settlement envelope and previous applications have been refused. • The highways leading to the site are inadequate for further development. • The foul sewage system is inadequate. • The proposed density of development would be excessive. Cont…. Application No. P/06/0508 Continued
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were not issues in this case.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Permission was granted before 1974 for the erection of a sports clubhouse and changing rooms; this developed into a members club with bar without the benefit of planning permission, and permission was subsequently granted for the change of use to a public house in 1990.
Permission was refused for the demolition of the public house (by now disused) and the erection of five dwellings in 1994 (Ref. 2/11615) on the grounds that the site is outside the settlement envelope, and an appeal against the decision was dismissed. A later application for the erection of two dwellings was recommended for approval on the basis that two dwellings would be less visually intrusive than five and would be an improvement on the semi-derelict public house, and subject to a Section 106 Agreement to secure the provision of a dedicated turning facility. The Section 106 Agreement was not concluded and permission was refused in 1999 (2/12737).
The public house was demolished some years ago.
Policies:
Policy H5 of the Adopted Islwyn Local Plan states that settlement envelopes are identified within which residential development would normally be permitted. Policy H6 states that dwellings in the open countryside would normally be permitted only where a bona fide need for a dwelling for a worker in agriculture or forestry exists.
Policy DC2 of the UDP states that development beyond the settlement boundary will only be permitted for certain categories of use; such uses do not include new dwellings unless required in connection with agriculture or forestry.
While the site is close to the settlement boundary, and lies opposite a dwelling outside the settlement boundary and a sports field, it is not considered that the residential development of the site contrary to local plan policies is justified.
Cont…. Application No. P/06/0508 Continued
Comments from consultees:
Chief Engineer (Highways) objects to the proposal on the basis that the highway network serving the site is unsuitable for further development. It should be noted that the recommendation for approval for two dwellings on the site (Ref. 2/12737) was based on the existence of the semi-derelict public house, and required a legal agreement to secure a dedicated turning facility, which was never concluded.
The situation has now altered in that there remains no building on the site, and it should also be noted that an earlier application for five dwellings was refused permission and dismissed on appeal in 1994 (Ref. 2/11615).
RECOMMENDATION that Permission be REFUSED
The reasons for the Council’s decision are:-
(1) The site lies outside the settlement envelope as identified in the Adopted Islwyn Local Plan, and its development for residential purposes would be an unacceptable extension of development into the countryside contrary to Policies H5 and H6 of the Local Plan. (2) The site lies outside the settlement boundary identified in the Council Approved Unitary Development Plan, and its development for residential purposes would be an unacceptable extension of development into the countryside contrary to Policies DC1 and DC2 of the Plan. (3) The highway network serving the site is not suitable to cater for the proposed development. The development would, therefore, be contrary to Policy DC1 of the Council Approved Unitary Development Plan.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0512 Mr. T. Jones, Erect one dwelling on land within 13/04/06 1 Penallta Villas, curtilage of 1 Penallta Villas, Ystrad Mynach, Ystrad Mynach, Hengoed. Hengoed.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: Land within curtilage of 1 Penallta Villas, Ystrad Mynach.
Site description: The application site forms part of the side garden of a domestic property on the junction of Penallta Villas with Penallta Road. The existing dwelling is a large detached dwelling that faces south towards Ystrad Mynach with the rear onto the highway serving Penallta Villas. The garden area is triangular having the sloping side facing Penallta Road and narrows to the front (south) of the house.
Development: This outline application proposes the erection of a detached dwelling in the side garden of the property with all matters reserved for future consideration. An indicative site layout plan has been submitted that shows how a dwelling could be sited on the plot whilst complying with development control criteria.
PLANNING HISTORY
There is no recent planning history.
POLICY
(a) Site Allocation
Development Plan: Inside settlement limits in the Adopted Mid Rhymney Valley Local Plan.
Council Approved UDP: The site is inside settlement limits.
(b) Policies Development Plan: Policy EV4 of the Mid Rhymney Valley Local plan advises that development will only be permitted where its size, scale, layout, materials and design are in keeping with the surrounding environment.
Council Approved UDP: Council Approved Unitary Development Plan Policy DC1 states that development will be permitted where it can be shown that it is well designed in terms of its setting, scale, density, layout, materials and landscaping.
Cont….. Application No. P/06/0512 Continued.
CONSULTATION
Chief Engineer (Highways) raises no objection subject to conditions.
Chief Environmental Health officer raises no objection subject to a condition regarding importation of soil onto site.
Chief Engineer (Drainage) raises no objection subject to conditions.
Dwr Cymru/Welsh Water raises no objection subject to conditions.
Gelligaer Community Council raises no objection.
ADVERTISEMENT
(a) Extent of advertisement: Site notice and neighbour notification.
(b) Response None.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were not issues in this case.
ANALYSIS
The development has been considered with regard to current local plan policies and supplementary planning guidance.
The application is supported in principle by development plan policy and all matters are reserved for future consideration. Whilst the application site is constrained by its size and location next to a main road, it is capable of accommodating a dwelling whilst complying with development control criteria. The indicative site layout plan shows that a dwelling can be sited on the plot and sufficient space remains for the creation of off street parking and garden space.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced
Cont….. Application No. P/06/0512 Continued.
(2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) The precise location and means of access together with appropriate visibility splays shall be reserved for the subsequent approval of the Local Planning Authority. (6) Parking provision for the proposed development and the existing property shall be made in accordance with the Local Planning Authority’s DDG 13 Car Parking Standards. (7) No development shall take place until a scheme for the importation to the site, and testing for contamination, of soils and materials, has been submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. (8) Prior to any works commencing on site the applicant shall submit comprehensive details of the drainage to serve the development including calculations for the proposed foul and surface water drainage. The works shall not commence on site until prior written approval is received from the Local Planning Authority and the approved scheme shall be implemented contemporaneously with the construction of the development.
The reasons for the Council’s decision are:-
(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5-7) In the interests of highway safety. (8) To ensure the proper drainage of the site in the interests of the environment.
Advisory Note
Development plan policies relevant to conditions: The development plan for this area consists of the Mid Glamorgan Structure Plan, the Mid Rhymney Valley Local Plan, and the Council Approved Unitary Development Plan. Policy DC1 of the Council Approved Unitary Development Plan is relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0516 Mr. W. Duffell, Erect additional storey to existing 25/04/06 Gwaun Gledyr Uchaf, single storey extension, extra Penhros, bedroom and en-suite at Gwaun Nantgarw, Gledyr Uchaf, Penhros, Nantgarw, Caerphilly. Caerphilly.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: Gwaun Gledyr Uchaf Farm, Penrhos, Nantgarw – group of buildings in isolated position north of Old Nantgarw Road, served by a private ‘farm’ track.
House type: Detached dwelling, formerly a farmhouse, with three single storey extensions, the front elevation having a south facing aspect. Garage and outbuildings to the front of the dwelling.
Development: Proposal is to erect a first floor extension above the existing lounge extension on the west elevation.
Dimensions: The extension would match the lounge in width and height (6.9 x 8 metres). The height of the extension at the ridge would be 7.1 metres.
Materials: The walls of the extension would be white-coated render, with the roof covering as existing (re-using the lounge roof materials).
PLANNING HISTORY
None.
POLICY
(a) Site allocation
Development Plan: Caerphilly Basin Local Plan – outside settlement boundary.
Council Approved UDP: Land outside settlement boundary, not allocated.
(b) Policies
Development Plan: Policy EV2 (standard development control criteria) of the Caerphilly Basin Local Plan. Cont….
Application No. P/06/0516 Continued
Council Approved UDP: C3 (Extension of Buildings in the Countryside), DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 2 - ‘Householder Developments’.
CONSULTATION
Chief Engineer (Highways) raises no objection.
ADVERTISEMENT
(a) Extent of advertisement: A site notice was posted and four neighbours notified.
(b) Response
Number of letters: One.
Summary of objections:
1) The landing window would overlook the rear garden of the neighbour resulting in loss of privacy; 2) The neighbour is concerned about loss of privacy to the windows in the front elevation of his house from any windows proposed in the rear elevation of the extension.
ANALYSIS
Policies:
Notwithstanding the objection to the proposals by the neighbour, the application is firstly assessed against the Council’s development design guidance, ‘Householder Development’. Guidance Note 2 includes a section titled ‘Avoiding overshadowing adjacent properties’ which comments that extensions should not cast large shadows onto a neighbour’s house, and in particular seeks to protect ground floor windows to principal rooms. The proposal would result in a blank wall (except for a single window at first floor level) 5 metres in height located 3 metres from the centre point of the neighbour’s lounge window. It is considered that this would not only reduce the level of sunlight to that window, but also reduce the levels of ambient light. This would have an unacceptable impact upon the residential amenity of the neighbour’s property. In addition, the text includes a section which indicates that proposals should ‘avoid overbearing’ a neighbour’s garden. The proposal would create a gable wall to a height of 7 metres adjacent to the boundary with the neighbour’s side garden, which would also be considered to be unacceptable.
In respect of the appearance of the proposed extension, the front elevation includes ‘French’ style windows opening onto a balcony at first floor level, which may be considered to reflect the fenestration of the single storey extension, but they do not match the fenestration of the host building. Cont…. Application No. P/06/0516 Continued
It is considered, therefore, that the proposed extension clashes with the character of the original dwelling. Furthermore, the rear elevation is largely a blank wall, because to insert windows would have probably led to a loss of privacy in respect of the proximity to the nearest neighbour. The scale of the blank wall is such that it would result in an incongruous element in the courtyard around which this group of buildings is located. Guidance Note 1 states that ‘extensions should be designed to complement the character of your property and street or area’, and it is considered that the scale and form of the extension is not in sympathy with the host dwelling, and would be out of character with the surroundings. Consequently, the design of the proposed extension is in conflict with the Council’s design guidance for three significant reasons, and is therefore contrary to Council Policy DC1.
Comments from public:
In respect of the neighbour’s objection on the grounds of loss of privacy, it should be noted that the proposed extension does not include any windows to habitable rooms which either overlook the garden or view windows to habitable rooms in the neighbour’s house, thus there would be no privacy infringement.
RECOMMENDATION that Permission be REFUSED
The reasons for the Council’s decision are:-
(1) The proposal conflicts with Policy DC1, criterion B, of the Council Approved Unitary Development Plan 1996 – 2011, and with Guidance Note 2 of the supporting Supplementary Planning Guidance –Development Design Guide No. 2 – ‘Householder Development’, Adopted March 2006. It would, by virtue of its scale, form and position, result in overshadowing of and an overbearing effect upon the neighbouring property, to the detriment of residential and visual amenity. (2) The design of the proposal conflicts with Policy DC1, criterion B, of the Council Approved Unitary Development Plan 1996 – 2011, and with Guideline E1 of the supporting Supplementary Planning Guidance – Development Design Guide No. 2 – ‘Householder Development’, Adopted March 2006. It would, by virtue of its form, have an adverse effect upon the character and appearance of the host dwelling, to the detriment of visual amenity.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0517 Director of Education, Erect new single mobile classroom 25/04/06 Education Offices, unit at Cwmfelinfach Primary Caerphilly Road, School, King Street, Ynysddu, Ystrad Mynach, Newport. Hengoed.
APPLICATION TYPE: DEEMED CONSENT
SITE AND DEVELOPMENT
Location: The school is located in Cwmfelinfach off the main street, in a predominantly residential area.
Site description: The school has a high wall around the majority of its perimeter with access gates. The site slopes downwards from northeast to southwest.
Development: Erect new single mobile classroom unit.
Dimensions: Length would be 9.2 metres, width 8.1 metres, and height 3.2 metres at the ridge.
Materials: Stoneflex cladding panels.
PLANNING HISTORY
None.
POLICY
(a) Site allocations
Development plan: Adopted Islwyn Local Plan – the site is within the settlement envelope for Cwmfelinfach.
Council Approved UDP: The site is within the settlement boundary for Cwmfelinfach.
(b) Policies Development plan: Adopted Islwyn Local Plan – Policies D1 and D6 (Design of the Built Environment)
Council Approved UDP: Policy DC1 (standard development control criteria). Policy 1 DC is also relevant and requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability and maintaining the identity and vitality of settlements.
Cont….. Application No. P/06/0517 Continued.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) and Chief Environmental Health Officer have been consulted and have no objection to the proposal.
ADVERTISEMENT
(b) Extent of advertisement: Letters sent to 20 and 21 Mill Street, 2-10 Western Terrace, 1 and 2 King Street, 1A, 1B and 1C Maindee Road, Flat 1 and 2 of 2 Maindee Road, Flat 1 and 2 of 3 Maindee Road, 4, 4A, 5, 6,7 to 10 Maindee Road.
(b) Response
Number of letters: One – not objecting to proposal.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were not considered to be issues in this case.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policies
The application is to erect a mobile classroom unit within the curtilage of the school so that facilities can be extended. The proposed location of the unit is currently used as playground and is well within the boundary of the school and surrounded by other school buildings. Therefore the siting of the unit will not affect the residential amenity of neighbouring properties. The Portacabin style unit is of a reasonable size and of materials and of a design to make it appear as a permanent building rather than a temporary structure. For the reasons mentioned above the unit conforms to Policy D1 to D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan.
Other material considerations Due to the temporary nature of the structure a condition will be added to the consent requiring the removal of the unit after a period of ten years. Cont….. Application No. P/06/0517 Continued.
RECOMMENDATION that Deemed consent be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The building hereby permitted shall be removed and the land restored to its former condition on or before the 30th June 2016.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) It is the policy of the Local Planning Authority to review the question of this type of development periodically in the interests of the amenities of the area.
Advisory Note
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan, and the Council Approved Unitary Development Plan. Policy D1 of the Local Plan, and Policy DC1 of the Council Approved Unitary Development Plan are relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0518 Director of Education, Erect new single mobile nursery 25/04/06 Education Office, unit at Crumlin High Level Primary Caerphilly Road, School, Commercial Road, Ystrad Mynach, Crumlin, Newport. Hengoed.
APPLICATION TYPE: DEEMED CONSENT
SITE AND DEVELOPMENT
Location: The school is located in Crumlin along Commercial Street. This is a predominantly residential area.
Site description: The school has a wall and fence boundary and can be viewed from all sides from public footpaths. The site slopes downhill from west to east.
Development: Erect new single mobile nursery unit.
Dimensions: Length would be12.1 metres, width 8.2 metres, and height, west elevation is 3.1 metres and east elevation is 4.8 metres.
Materials: Stoneflex cladding panels.
PLANNING HISTORY
None.
POLICY
(a) Site allocation
Development plan: Adopted Islwyn Local Plan – the site is within the settlement envelope for Crumlin
Council Approved UDP: The site is within the settlement boundary for Crumlin
(b) Policies Development plan: Adopted Islwyn Local Plan – Policies D1 and D6 (Design of the Built Environment)
Council Approved UDP: Policy DC1 (standard development control criteria). Policy 1DC is also relevant and requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability and maintaining the identity and vitality of settlements.
Cont….. Application No. P/06/0518 Continued.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) and Chief Environmental Health Officer have been consulted and have no objection to the proposal.
ADVERTISEMENT
(a) Extent of advertisement: Letters sent to 1 Oakland Terrace, 1 Commercial Road, Gilwern House, High Level Station House, Penybryn, 12-14 Hillside Road and 15-32 Whitethorne Street. A site notice was placed on site.
(b) Response
Number of letters: One.
Summary of objections: Concerned about increased traffic volumes.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were not considered to be issues in this case.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policies:
The application is to erect a mobile nursery unit within the curtilage of the school so that facilities can be extended. The proposed location of the unit is currently used as a parking area by the school staff and the unit will be readily visible from this location. However the unit is of a reasonable size, and the materials used and design of the Portacabin style unit make the unit appear more as a permanent building rather than a temporary structure. The unit will not cover the whole of the current parking area and therefore parking of staff vehicles should not be affected. For the reasons mentioned above the unit conforms to Policy D1 to D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan.
Cont….. Application No. P/06/0518 Continued.
Comments from public:
The member of public has shown concern over an increase in traffic, however the Chief Engineer (Highways) has been consulted and has no objection to the proposal.
Other material considerations:
Due to the temporary nature of the structure a condition will be added to the consent requiring the removal of the unit after a period of ten years.
RECOMMENDATION that Deemed Consent be GRANTED.
This permission is subject to the following conditions: -
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The building hereby permitted shall be removed and the land restored to its former condition on or before the 30th June 2016.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) It is the policy of the Local Planning Authority to review the question of this type of development periodically in the interests of the amenities of the area.
Advisory Note
(a) Development plan policies relevant to conditions: The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan, and the Council Approved Unitary Development Plan. Policy D1 of the Local Plan, and Policy DC1 of the Council Approved Unitary Development Plan are relevant to the conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0531 Mr. A. Bradley, Erect extension for MOT bay, 27/04/06 A. Bradley & Sons, reception, w.c., kitchen and office New Deri Service Station, New Deri Service Station, Bailey Bailey Street, Street, Deri, Bargoed. Deri, Bargoed.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: New Deri Service Station, Bailey Street, Deri.
Site description: The garage is located within the settlement limits for Deri. Residential properties are located opposite. A large concrete surfaced hardstand used for vehicle parking together with a domestic garage is located to the south of the site. Beyond the garage are terraced houses. Open countryside identified as a green wedge in the Council Approved Unitary Development Plan (UDP) is located to the east of the site.
The applicant has confirmed in a letter dated 15th May 2006 that a container has been brought onto site to act as a storage unit in preparation for the garage extension works.
Development: Full planning permission to erect an extension to the rear of the existing commercial garage to provide an MOT Bay, reception, w.c., kitchen and office.
Dimensions: The dimensions of the extension are 16 metres long x 4.15 metres wide x 3.5 metres with a sloping roof, which follows the pitch of the existing roof of the garage. The internal layout of the extension comprises a reception/waiting area, kitchen, w.c., office/store and workshop/storage area.
Materials: The materials to be used in the external finishes of the extension comprise fine down render and paint in the walls, cement based sheets in the roof to match the existing to include two transparent sheets, and a upvc window and door. The new MOT bay is to be provided within the existing garage building.
PLANNING HISTORY
No recent history.
POLICY (a) Site Allocation Development Plan: Adopted Upper Rhymney Valley Local Plan – within settlement limits. Cont….. Application No. P/06/0531 Continued.
Council Approved UDP: Policy DC2 (settlement limits).
(b) Policies
Development Plan: Policy EV3 (standard development control criteria) of the Adopted Upper Rhymney Valley Local Plan.
Council Approved UDP: Policy HE8 (5) Historic Parks, Gardens and Landscapes.
“Proposals which have a harmful impact on the appearance, setting, character and quality of the following historic parks, gardens and landscapes will not be permitted
Gelligaer Common.”
Policy E6 – Development involving potential pollution
“Permission for industrial development will not be granted if it would:
A Release pollutants into water, soil or air, either on or off site, which would have harmful effects for wither people or the environment; or B Cause nuisance from smoke, fumes, gases, dust, smell, noise, vibration, light or other polluting emissions.”
The development has been assessed against standard development control criteria contained in Policy DC1 of the Council Approved Unitary Development Plan, which are the principle mechanisms for achieving good design.
National guidance (par 2.9.9) also encourages good design to be the aim of all those involved in the development process. The guidance states, “the visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations and local planning authorities should reject poor designs. External layout, access and setting all need to be considered.”
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection to the development.
Chief Environmental Health Officer requests conditions in relation to any external and roof mounted plant/machinery to be erected together with a detailed scheme of odour and fume abatement.
Cont….. Application No. P/06/0531 Continued.
Chief Engineer (Drainage) requests a condition regarding the suitability of the site for soakaways and also provides advice to be conveyed to the developer in respect of surface water discharge.
ADVERTISEMENT
(a) Extent of advertisement: A site notice was displayed and a neighbour consultation exercise was undertaken.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
There are no crime and disorder issues.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
In the determination of this application, consideration has to be given to the policies quoted above. In this respect given that the policies and proposals in the Council Approved Unitary Development Plan have been through a full process short of formal adoption, they will be given more weight than the older Plans and as such are a material consideration when determining planning applications.
The site is included within the settlement boundaries of both the Adopted Upper Rhymney Valley Local Plan and the Caerphilly Approved Unitary Development Plan.
In considering the development, Policy DC1 (standard development control criteria) is relevant.
In this respect, the main issues in relation to this application are in relation to the scale and design of the proposed scheme, the effect the development would have upon the amenity of neighbouring properties and the character of the surrounding area and also upon highway safety.
It is considered that the development proposed would accord with local plan policies and would be acceptable in terms of scale, form and design. The street scene and character of the area will not be adversely affected by this development. Furthermore, it is considered that the development would not have an unacceptable effect on the residential amenity of neighbouring properties. However, it is considered appropriate to attach conditions to any consent to address the concerns raised by Chief Environmental Health Officer and Chief Engineer (Drainage).
Cont….. Application No. P/06/0531 Continued.
The property is located within the area of land identified in the Council Approved UDP as the Gelligaer Common Special Historic Landscape. However, the garage is located within the village of Deri, which is predominantly residential. The proposed extension is occurring within the existing curtilage of the site, on an area to the rear of the garage building, which is currently fenced off with steel sheeting and as such is visually poor. The development proposed would be an improvement on the existing situation and as such would not have an Application No. P/06/0531 Continued. adverse effect on the existing building, the surrounding area or the landscape value of the historic landscape.
It is considered appropriate to attach a condition to any consent requiring the removal of the temporary container off site upon completion of the garage extension.
In conclusion, it is considered that the proposed development would be acceptable and that the detailed requirements of UDP Policy DC1 are either met or could be achieved by imposing conditions on the planning permission.
RECOMMENDATION that permission be GRANTED.
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Details of all external and roof mounted plant/machinery shall be submitted to and agreed in writing with the Local Planning Authority. These details shall include the location of the plant and predicted noise levels (measured as a Laeq 1 hour) as measured on the boundary of the application site. Thereafter these agreed details shall be fully installed prior to the use commencing. (3) A detailed scheme of odour and fume abatement should be submitted to and approved in writing by the Local Planning Authority before the commencement of the use hereby permitted. This should include the erection of any stacks or vents associated with the use of the premises. (4) Prior to the commencement of development details for surface water disposal must be submitted for consideration and approval in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details.
The reasons for Council’s decision are-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) In the interests of public health. (4) To ensure satisfactory drainage of the site.
Cont….. Application No. P/06/0531 Continued.
Advisory Note
(a) Comments from consultees: The applicant is advised of the comments of Chief Engineer (Drainage). (b) Development plan policies relevant to conditions: The development plan for this area consists of the Mid Glamnorgan Structure Plan, and the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy EV3 of the local plan and Policy DC1 of the Council Approved Unitary Development Plan are relevant to conditions attached to this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0532 Director of Education, Erect new double mobile classroom 27/04/06 Education Offices, unit at Ysgol y Lawnt, Surgery Caerphilly Road, Hill, Station Road, Rhymney, Ystrad Mynach, Tredegar. Hengoed.
APPLICATION TYPE: DEEMED CONSENT
SITE AND DEVELOPMENT
Locality: The site is situated within the settlement limits of Rhymney, off Tre York Street and to the east of Rhymney College. The site comprises a large detached building that is rendered and painted and has extensive grounds. The site is bounded by a mixture of stone /brick walls and fencing and has mature planting to the south, east and west boundaries.
Development: This is a full application in respect of the erection of a double mobile classroom unit to the south of the main school building adjacent to the playing fields. The building will measure 15m by 8m and will be clad in rendered cladding panels.
PLANNING HISTORY
Reference No. Description Decision Date 5/5/95/0039 Remove tree completely (TPO) Approved 14/03/95
POLICY
(a) Site Allocation
Development Plan: Within settlement limits defined in the Upper Rhymney Valley Local Plan.
Council Approved UDP: Within settlement limits.
(b) Policies
Development Plan: No relevant policies in the Upper Rhymney Valley Local Plan.
Council Approved UDP: Policy DC1 of the Unitary Development Plan contains standard development control criteria.
Policy CF1 of the UDP supports proposals to improve community facilities subject to compliance with criteria.
Cont….. Application No. P/06/0532 Continued.
CONSULTATION
None
ADVERTISEMENT
(a) Extent of advertisement: Site notice and neighbour notification.
(b) Response: None.
ANALYSIS
The development has been considered with regard to current local plan policies and national planning guidance.
The principal planning issue raised is the effect that the proposal would have on the visual amenity of the area. In that regard members are advised that whilst the extension will not be visible from the public highway and therefore would not be detrimental to visual amenity, it has been designed to tie in with the main school building and as such the design is acceptable in planning terms. However, it is considered that samples of the materials to be used in the external appearance of the building should be submitted to the Local Planning Authority for written approval prior to works commencing on site.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Prior to any works commencing on site detailed samples of the materials to be used externally in the construction of the classroom units shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details at all times.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity.
Advisory Note
The development plan for this area consists of the Mid Glamorgan Structure Plan, Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the Unitary Development Plan is relevant to the conditions imposed on this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0540 Mr. H.J. Lloyd, Site a storage container 20' x 10' for 28/04/06 155 Mount Pleasant Road, storage of targets, equipment etc. Ebbw Vale. for the sport of Air Rifle Field Target Shooting on land situated at Hafodyrynys Bank, adj. to A472 between Hafodyrynys & Pontypool.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: On the southern side of the A472 some 800m to the west of Hafodyrynys.
Site description: The site comprises part of a field some 25m from the edge of the A472 and separated from the road by a strip of land planted with trees. The site is lower than the highway level and beyond the site the land rises towards Mynydd Maen.
Development: Permission is sought for the siting of a metal container for the storage of targets and equipment in connection with the sport of air rifle shooting, a lease having been granted to Blaenau Gwent Air Rifle Club by the landowner.
Dimensions: The container would measure 5.9m long x 2.3m wide x 2.3m high.
PLANNING HISTORY There is no recent planning history.
POLICY (a) Site Allocation
Development Plan: Adopted Islwyn Local Plan – the site lies outside the settlement envelope and within a Special Landscape Area.
Council Approved UDP: The site lies outside the settlement boundary and within a Special Landscape Area.
(b) Policies Development Plan: Adopted Islwyn Local Plan – Policy CE2 (development within Special Landscape Areas).
Council Approved UDP: Policies DC1 (development criteria), DC2 (settlement boundary), 1C (countryside protection strategy), C1 (development in the countryside) and C12 (special landscape areas). Cont….. Application No. P/06/0540 Continued.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Environmental Health Officer has no objection to the proposal.
ADVERTISEMENT
(a) Extent of advertisement: The application was publicised by means of a site notice.
(b) Response
Number of letters: One letter has been received. The Campaign for the Protection of Rural Wales has no objection so long as the container is well screened from view.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
Crime and disorder were not issues in this case.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Policies:
Policy DC2 of the UDP states that development beyond the settlement boundary will only be permitted for certain categories of use; these include recreation and leisure proposals and the development is, therefore, considered to be in accordance with this policy.
Policies 1C (the strategic policy in respect of countryside protection) and C1 (the general countryside policy) of the UDP would allow development in the countryside only where it would not harm the character, amenity, landscape and nature conservation value of the area.
Policy CE2 of the Adopted Islwyn Local Plan and Policy C12 of the UDP state that development within Special Landscape Areas will only be permitted where there would be no harmful impact on the landscape character and nature conservation importance.
Cont….. Application No. P/06/0540 Continued.
The proposed siting of a container has been considered in the context of these policies. While such utilitarian structures would not generally be encouraged in the countryside, it is considered in this case that the siting close to the main road but reasonably well screened by the intervening line of trees would be acceptable. The proposed use would appear to be related to a bona fide activity appropriate to the countryside.
The container would not be prominent in the landscape and it is not considered that the landscape and nature conservation value of the Special Landscape Area would be harmed.
It is considered that any permission should be granted for the benefit of the Air Rifle Club only and on a temporary basis initially to enable the impact of the development to be assessed, and that conditions should be imposed requiring the container to be painted in an appropriate colour and restricting the type of items to be stored.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The container shall be used by the Blaenau Gwent Air Rifle Club only and the use shall be for a limited period of two years from the date of this permission, on the expiry of which the container shall be removed from the land unless a further permission is granted on application to the Local Planning Authority. (3) The container shall be used for the storage of targets and other equipment related to the sport of air rifle shooting and for no other purpose, unless otherwise agreed in writing by the Local Planning Authority. (4) Prior to its first use the container shall be painted in a colour to be agreed in writing with the Local Planning Authority.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) In order to retain effective control over the development. (4) In the interests of visual amenity.
Advisory Note
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policies D1 and D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan are of relevance to Condition (4) attached to this permission.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0553 Rhondda Development Co. Ltd., Erect residential development for 02/05/06 239 High Street, nine houses on Land adjacent to Porth, Haulwen Road, Penpedairheol, Rhondda Cynon Taff. Hengoed.
APPLICATION TYPE: OUTLINE APPLICATION
SITE AND DEVELOPMENT
Location: Land adjacent to Haulwen Road, Penpedairheol, Cascade.
Site description including area and locality: The site is located within the settlement boundary for Penpedairheol. Detached dwellings are located to the west of the site and terraced houses to the south of the site. Open land is located to the south and east of the site. The rear boundary of the site comprises of trees protected under tree preservation order no. 47 (beech sycamore, fir, pine and oak)
The topography of the site is such that the ground level slopes gently from west to east.
Development: This application is in outline in respect of 9 houses with only details of the siting to be considered at this stage with all other matters in terms of design, external appearance and landscaping being reserved for future consideration.
Dimensions: The site has dimensions of approximately 46 metres along its frontage with Haulwen Road and a maximum of 21 metres in depth.
PLANNING HISTORY
No recent planning history.
POLICY (a) Site Allocation Development Plan: Mid Rhymney Valley Local Plan- within settlement limits.
Council Approved UDP: Policy DC2 - within settlement limits. Identified informal recreation area –Policy L7 of the UDP.
(b) Policies: Development Plan: Mid Rhymney Valley Local Plan - Policy EV4 standard development control criteria.
Council Approved UDP: Policy L2 – Protection of Open Space. Cont…. Application No. P/06/0553 Continued.
“Proposals for the development on areas of open space within settlements will only be permitted where:
A. The amount of open space remaining in the neighbourhood would still be adequate to serve local needs; B. The site has no significant value as a recreational resource or an area of visual amenity; C. Where the land is in public ownership alternative community uses should be investigated before the land is released for development.
Policy L7 – Informal Recreation
“Land is allocated for informal recreation purposes at the following locations:
Haulwen Road, Penpedairheol.
Policy C13 Trees, woodlands and hedgerows
“Development which involves the loss of trees, woodlands and hedgerows which are of significant amenity and/or nature conservation value will only be permitted where the need for the development outweighs the importance of the feature or where acceptable mitigating measures within the control of the developer can be provided.
The application has been assessed against general development control criteria in Policy DC1 together with associated supplementary planning guidance contained in Design Guide 1 - Building Better Places to Live.
ENVIRONMENTAL IMPACT ASSESSMENT Did the application have to be screened for an EIA? No.
CONSULTATION Chief Engineer (Highways) has no objection to the development, subject to conditions being attached to any consent requiring details of means of access and visibility splays, parking provision and the provision of a 2-metre footway provided along the frontage. He provides a note that his comments do not extend to the indicative plan submitted with the application.
Chief Engineer (Drainage) confirms the presence of a watercourse through the site and provides advice to be conveyed to the developer in respect of the same together with surface water discharge and requests a condition that the applicant must submit comprehensive details of how surface water, foul and land drainage flows from the site will be dealt with.
Chief Environmental Health Officer requests a standard condition in respect of the importation of soils or materials.
Cont….. Application No. P/06/0553 Continued.
Dwr Cymru confirms provide advice to be conveyed to the developer in respect of drainage facilities and water supply.
Gwent Wildlife Trust are obliged to issue a holding objection based on the grounds of insufficient information in relation to ecological issues that may affect the site.
ADVERTISEMENT
(a) Extent of Advertisement: The application was advertised on site and neighbouring properties were consulted.
(b) Response
Number of letters: Two.
Summary of responses:
- Loss of view. - Devaluation of property. - Highway implications. - Loss of an identified informal recreation site.
SECTION 17 CRIME AND DISORDER ACT
There are no crime and disorder implications.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species?
Further information is required in this respect.
ANALYSIS
The development has been considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies L2, L7, C13, DC1 and DC2, of the Council Approved Unitary Development Plan.
The site in question lies within the settlement boundary as defined by Policy DC2 of the Council Approved Unitary Development Plan and therefore development would be acceptable in principle provided all other planning considerations are met.
The concerns of Chief Engineer (Highways and Drainage) and Chief Environmental Health Officer referred to above may be addressed by attaching appropriate conditions to any consent.
Cont….. Application No. P/06/0553 Continued.
However, the land is identified for informal recreation under Policy L7 of the UDP (Policy L7.4 Haulwen Road, Penpedairheol). It is recognised that Penpedairehol has limited informal recreational space, and the site was allocated for informal recreation to meet this demand. Therefore it is considered that development should be resisted on this site.
The site also has to be assessed against Policy L2 on the Protection of Open Space. A leisure survey has been conducted in accordance with Policy L2, which indicates that there is less than 2 Ha of open space within a 0.5km radius of the site. This survey includes those sites within the settlement boundary identified for Outdoor Sports, Childs Play Areas and Areas of Informal Enjoyment but does not include Areas of Visual Amenity.
In accordance with criterion A, development will only be permitted where the amount of space will still be adequate. In this instance, the limited open space identified in the neighbourhood means the application would be contrary to this policy.
In relation to criterion B, development will only be permitted where the site has no significant value as a recreational resource or an area of visual amenity. Whilst there is no apparent access onto the site from Haulwen Road, the fact that the site is allocated indicates its recreational value. It is important to safeguard the land for development to ensure informal recreational activities can occur in the future.
The site is also important in visual amenity terms and this should be taken into consideration in determining the application. Whilst there is considerable additional open space to the east and north of the site, which could compensate for the loss of this small area of land, the site does have significant value in its own right and development should be resisted.
The rear boundary of the site also comprises of mature trees and hedgerow, which are protected under TPO No. 27. In this respect Policy C13 referred to above is relevant. Trees, woodland and hedgerows make a particularly beneficial contribution to both the natural and built environment. They enhance townscapes by providing a pleasant, natural contrast to the built environment and screen unsightly structures and activities. In the open countryside they form an important element of wider landscape views. In both urban and rural locations they provide an important habitat for wildlife. It is therefore important that development, which unacceptable affects the tree cover of the County Borough, is resisted. It is considered that given the close proximity of the trees adjacent to the site could result in the loss of trees or their wellbeing, result in the loss of visual amenity and have a detrimental impact on the biodiversity of the area.
The applicant has argued that it would be very difficult and costly to develop this site for informal recreation purposes and disagrees with the findings of the survey referred to above. He suggests that the development of this site would meet the government’s requirement for a substantial number of new houses to be built. However, it is considered that the arguments put forward do not outweigh the policy objections to this proposal.
In conclusion for the reasons stated above, it is considered that the development conflicts with local plan policies and is therefore unacceptable in planning terms. Cont….. Application No. P/06/0553 Continued.
RECOMMENDATION that Permission is REFUSED.
The reasons for the Council’s decision are:-
(1) The site is allocated for Informal Recreation as defined by Policy L7 (4) of the Council Approved Unitary Development Plan and this allocation is important in serving the needs of the community, which has an under-provision of leisure facilities. The proposed development is contrary to criteria A and B of Policy L2 as its development would result in an inadequate amount of open space remaining in the community and the loss of the site would impact on the visual amenity of the area. (2) The development of the site for housing could result in the well being of trees and hedgerows protected under Tree Preservation Order No.27 being adversely affected, resulting in the possible loss of trees, in conflict with Policy C13 of the Council Approved Unitary Development Plan. (3) The proposal lacks sufficient information in terms of the nature conservation and ecological value of the site in order to fully assess the planning implications relative to this proposal.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0566 Abingdon Flooring Limited, Erect extension to provide 1900 sq. 04/05/06 Penyfan Industrial Estate, m. additional warehouse Crumlin, accommodation (1900m.sq.) at Newport. Abingdon Flooring Limited, Penyfan Industrial Estate, Crumlin.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
This existing carpet factory is at the north western end of Penyfan Industrial Estate, to the south of Penyfan Pond. Full permission is sought to erect a warehouse extension that would measure 94m x 21m x 10m high and would be finished in metal cladding to match the existing building. It would be located on the southern side of the existing building overlooking Penyfan Way and would be attached to the similar extension granted permission (P/05/1657) for construction on the opposite end of this elevation of the building. The land will have to be re-levelled to provide a plateau for construction. The extension is needed to provide additional carpet storage to cope with the increased sales that have been achieved over the past two years. The company is the second largest carpet manufacturer in the U.K., and employs 350 people.
PLANNING HISTORY
Reference No. Description Decision Date P/05/1657 Erect warehouse extension Approved 26/01/06
PLANNING POLICY
Policy E3 of the Adopted Islwyn Local Plan encourages development for employment purposes at Penyfan Industrial Estate. Policy E2 (protection of existing industrial premises) of the Council Approved Unitary Development Plan is relevant along with the development control criteria contained in Policy DC1 of that plan.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection subject to conditions concerning the provision of parking.
Chief Environmental Health Officer has no objection.
Cont…..
Application No. P/06/0566 Continued.
ADVERTISEMENT
Four neighbouring industrial premises have been consulted and no comments have been received.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area. There is unlikely to be any effect in this case.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
There are no planning objections to the proposed scheme, which would be within an existing industrial curtilage on a well-established industrial estate. The site is, however, prominent from Penyfan Way and details of landscaping and land formation works should be agreed with the Local Planning Authority. Details of parking should also be agreed.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. (3) Prior to the commencement of work on site, details including cross sections of the existing and proposed ground levels shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed scheme. (4) Prior to the occupation of the building hereby approved a scheme of parking shall be carried out in accordance with details that shall be first agreed in writing with the Local Planning Authority. Cont….. Application No. P/06/0566 Continued.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) In the interest of visual amenity. (4) To ensure provision of adequate parking at the site.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0567 Mrs. C. Harvey, Change the use to a soft play and 04/05/06 11 Wesley Road, party centre for children at Forward Castle View, House, Western Industrial Estate, Caerphilly. Caerphilly.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: The application building is an industrial unit within the Western Industrial Estate at the east side furthest from the estate entrance. It is accessed through a gated entrance that serves it and another unit. This application relates to approximately half of the application unit.
Development: Planning permission is sought for the change of use the part of the unit identified in this application to a children’s soft play and party centre. The internal layout shows a large play area with tables and chairs either side for parents and guardians. There is a food counter for refreshments, three self-contained party rooms, staff room, kitchen, and toilet facilities.
Dimensions: The part of the building to which this application relates has a footprint of approximately 970 square metres.
Ancillary development: The submitted details indicate an allocation of 13 parking spaces within the site for the proposed use.
Supporting information: The application is accompanied by illustrative literature of play equipment and a description of the proposed use. The description of the use explains the proposed quality of the service, the expected charges and those of three existing competitors. It is stated in an accompanying letter that the use is intended to provide a high quality play provision to serve the needs of around 17,000 children in the locality.
PLANNING HISTORY
Reference No. Development Decision Date P/01/0141 New industrial unit Approved 29/03/01 P/99/0951 Extension to warehouse Approved 10/02/00 5/5/90/0371 Alter existing paint booth area and new Approved 05/07/90 canteen roof
Cont….
Application No. P/06/0567 Continued
POLICY
(a) Site Allocation
Development Plan: Caerphilly Basin Local Plan, the site is allocated for employment.
Council Approved UDP: Employment site.
(b) Policies
Development Plan: Caerphilly Basin Local Plan E1 (Presumption against industrial development outside identified employment sites).
Council Approved UDP: E3 (Protection of existing industrial sites).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
CONSULTATION
Chief Environmental Health Officer does not have any record of noise nuisance that would raise concern. It is recommended that should consent be granted that conditions be imposed to require ventilation and hygiene arrangements. Additional observations suggest a speed limit and measurements such as signage within the site in the interest of safety.
Chief Engineer (Highways) considers that there is insufficient information submitted to provide any comments.
ADVERTISEMENT
(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.
(b) Response
No response has been received.
Cont….
Application No. P/06/0567 Continued
SECTION 17 CRIME AND DISORDER ACT What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area? It is not considered that crime and disorder are issues in this case.
ANALYSIS Policies: The application site is within an existing identified industrial estate. Policy E3 of the Council Approved Unitary Development Plan requires that proposals for non business uses (B1, B2 & B8), should not be permitted unless there is demonstrable evidence that the site is no longer needed or it would provide a demonstrable local benefit, or the proposal is for a small scale use ancillary to the industrial estate and serving the needs of those employed there. It should be noted that near to the application site a gym and a nursery have been approved in recent years. Such small scale uses can be considered to be ancillary to the industrial estate where they serve the needs of those employed there. The stated intention of the application use is to provide a leisure activity for an estimated 17,000 children aged 3 to 11 in the locality; by its own definition therefore the use is not primarily intended to serve the needs of those employed at the estate.
The description of the use explains that there will be hourly charging and the proposed layout shows facilities for parents awaiting their children, i.e. for as long as it takes them to tire of activity. This type of play use is short term unlike a crèche where children may be deposited whilst a parent goes to work, thus it is unlikely to be of material benefit to workers within the estate. In addition the building has a footprint of approximately 970 square metres; whilst not large compared to some of the large units on the estate it is 21 times larger than many of the small starter industrial units nearby and thus its also not small scale, contrary to policy. In addition the information provided acknowledges there are other providers of similar activity centres which partially counters a justification on the basis of demonstrable need; the case argued is simply that the applicant will provide a better facility. The overriding need for the leisure in this locality is not demonstrated, nor is it demonstrated that there is a dearth of leisure activities for 3 to 11 year olds. Thus there is not a demonstrable leisure need that outweighs the employment need.
With regard to the proposals for non-employment uses where a site is no longer needed the applicant has not provided any evidence of overprovision of employment land on the Western Industrial Estate or in this part of the County Borough. Consultants have however recently been commissioned to produce an employment study with the aim of reviewing the current availability of employment land and premises in the County Borough, to consider the opportunities to release some older industrial sites for other uses or to strengthen the case to retain others and to undertake a market assessment of the suitability of employment sites. The Western Industrial Estate was identified as one of the most important employment sites in the County Borough. It is recognised in the study that there is an oversupply of land in parts of the County Borough, but it should be noted that out of the 121.47ha of vacant land the majority of it is available at only two sites - Oakdale (54.72 ha) and Ty Du (18.2 ha). The Study found that only 7% of vacant land is located within the Area of Consolidation, which includes the Caerphilly Basin, indicating little opportunity for future development in this area. Cont…. Application No. P/06/0567 Continued
Further, only 6% of vacant premises are located within the Area of Consolidation, which confirms the need for employment premises in this locality. The proposed use would exacerbate the limited supply of employment land and premises in the area of consolidation and is therefore contrary to policy.
Comments from consultees: The Chief Environmental Health Officer has raised no objection to the proposed use. The Chief Engineer considers that there is insufficient information. Normally, the applicant would be asked to provide more information but in this case, in view of the objection in principle to the development it would be unreasonable to require that further work on her part.
RECOMMENDATION that Permission be REFUSED
The reason for the Council’s decision is:-
The proposed use is contrary to Council Approved Unitary Development Plan Policy E3, because it would result in the loss of employment land and premises where there is not a demonstrable need that outweighs the retention of the employment site, nor is the proposal small scale or ancillary to the needs of the workers within the industrial estate.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0568 Redrow Homes (South Wales) Erect domestic garage at Plot 4, 04/05/06 Limited, Penrhiw, Oakdale, Blackwood. Redrow House, Copse Walk, Cardiff Gate Business Park, Cardiff.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: On the northern side of the B4251 Oakdale-Croespenmaen road to the east of Bryn- Howard Terrace.
House type: Semi-detached house.
Development: Permission is sought for the erection of a detached garage to the side of the dwelling.
Dimensions: The garage would measure 5.4m wide x 5.5m deep with a height of 4.3m to the ridge.
Materials: Facing brick and concrete roof tiles.
PLANNING HISTORY
None of relevance to this application
POLICY
(a) Site Allocation
Development Plan: Adopted Islwyn Local Plan – the site lies within an area allocated as open space.
Council Approved UDP: The site lies within the settlement boundary.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – Policies D1-D6 (design of the built environment).
Council Approved UDP: Policy DC1 (development criteria), and advice contained within Development Design Guide 2: Householder Developments. Cont….. Application No. P/06/0568 Continued.
CONSULTATION
Chief Engineer (Highways) has no objection subject to conditions.
ADVERTISEMENT
(a) Extent of advertisement: Two neighbouring properties were notified by letter and a site notice was displayed.
(b) Response
Number of letters: One (the adjoining dwelling in the converted R.C. church).
Summary of objections: Loss of view.
ANALYSIS
Policies:
The application relates to a semi-detached dwelling within the recently developed Redrow scheme (Penrhiw); the dwelling fronts the main road and backs onto a cul-de-sac head. Permission is sought for the erection of a detached garage within the side curtilage of the dwelling, protruding some 0.15m forward of the front elevation of the dwelling. Vehicular access would be gained from the cul-de-sac head and the rear of the garage would face the main road.
The siting, design and materials of the proposed garage are considered to be in keeping with the dwelling. While the garage would protrude beyond the dwelling, it is not considered that the degree of protrusion would be detrimental to the street scene. Amended drawings indicate two inset panels to the rear elevation to add interest to the view from the main road. It is considered that the proposed development is in compliance with policy and design guidance.
Comments from consultees:
The Chief Engineer (Highways) has no objections subject to conditions to prevent the conversion of the garage to other domestic uses, and to ensure the completion of the driveway in permanent materials.
Comments from public:
While the Redrow development has generally blocked the uninterrupted view hitherto enjoyed by the objector, none of the dwellings is sited close to his dwelling. Loss of view is not in any event a material planning consideration. The garage would be sited some 17m from the objector’s dwelling and would have a minimal impact.
RECOMMENDATION that Permission be GRANTED Cont….. Application No. P/06/0568 Continued.
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
(2) This permission relates to the amended drawings received on the 12th May, 2006. (3) The materials to be used in the construction of the external surfaces of the garage hereby permitted shall match those used in the existing dwelling. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order) the garage hereby approved shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling. (5) The driveway shall be completed in permanent materials before the garage is first used, and shall be maintained thereafter free of obstruction for the parking of motor vehicles only.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the approved scheme. (3) In the interests of visual amenity. (4&5) In the interests of highway safety.
Advisory Note
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policies D1 and D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan are of relevance to conditions attached to this permission.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0575 Mr. R.W. Morgan, Continue use of dwelling to a 04/05/06 87 Millbrook Road, mixed use of dwelling and taxi Pontllanfraith, operation without complying with Blackwood. Condition (2) of P/05/0267 at 87 Millbrook Road, Pontllanfraith, Blackwood.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: On the north-western side of Millbrook Road at Pontllanfraith.
Site description including area and locality: The site comprises a semi-detached dwelling within a residential area of predominantly semi-detached dwellings.
Development: Permission is sought for the continued use of the dwelling for a mixed use of dwelling and the operation of a taxi business.
PLANNING HISTORY
Reference No. Description Decision Date P/05/0267 COU to mixed use of dwelling Approved 13/05/05 and taxi operation
POLICY
(a) Site Allocation
Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.
Council Approved UDP: The site lies within the settlement boundary.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – None.
Council Approved UDP: Policies DC1 (development criteria) and E7 (working from home).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No. Cont….. Application No. P/06/0575 Continued.
CONSULTATION
Chief Engineer (Highways) has no objection to the continued use on the basis of no complaints having been received related to highway safety and congestion issues.
Chief Environmental Health Officer has no objection on the basis of no complaints having been received and subject to conditions restricting the hours of operation and preventing customer at the premises.
ADVERTISEMENT
(a) Extent of advertisement: Five neighbouring occupiers were notified by letter, and a site notice was displayed.
(b) Response
Number of letters: None (the consultation period expires on the 12th June and any representations received prior to the date of the Committee will be reported verbally).
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
Permission is sought to continue the taxi operation from the premises, permission having been granted for a 12-month period, which expired on the 13th May, 2006. Government guidance on the use of conditions discourages the grant of successive temporary permissions, on the basis that the initial period should be sufficient to assess whether permission should subsequently be granted on a permanent basis or refused.
The applicant stated in respect of the previous application that he would operate one 8-seater minibus from the property, generally between the hours of 7.00 a.m. and 7.00 p.m. but occasionally later in the evening. The vehicle would be parked at the house when not in use. All bookings would be made by telephone.
Policies:
The main issues to be considered in relation to this type of use are the residential amenity of adjoining occupiers, and highway safety. These issues are addressed by the consultation responses detailed below.
The relevant criteria contained in Policy DC1 of the Council Approved UDP are compatibility with other land uses in the vicinity, regard for the safe and effective use of the transportation network ad the provision or maintenance of adequate parking provision. Policy E7 (working from home) states that proposals to use part of a dwelling to allow a small business to operate from home will be permitted provided that:- Cont….. Application No. P/06/0575 Continued.
• the residential use remains the principal use of the property and the residential character and appearance is retained • additional traffic generated can be accommodated on the highway network without an unacceptable impact for surrounding residents • there is no loss of residential amenity for surrounding residents by virtue of smell, light or other nuisance • there will be no operation of noisy machinery and/or outside working or storage • no persons other than those normally resident will be employed on the premises
Comments from consultees:
Chief Engineer (Highways) has no objection to the continued use on the basis of its operation to date and suggests that similar limiting conditions to those previously imposed should be considered. These include the restriction of the taxi operation to one vehicle of a maximum size, the operation being carried out only by persons resident at the property, and the construction of an additional off-street parking space. It should be noted that this latter requirement of the previous permission was not complied with.
Chief Environmental Health Officer has no objection to the continued use on the basis of its operation to date but requests that the earlier conditions be re-imposed. These include the hours of operation being restricted to 7.00 a.m. to 11.00 p.m., and there being no customer waiting facilities on the premises.
On the basis of these responses it is considered that a permanent permission should be granted, subject to all the other conditions previously imposed and subject to enforcement action being taken to secure the construction of the additional off-street parking space in the event of non- compliance.
RECOMMENDATION that (A) Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The taxi operation hereby approved shall be limited to only one vehicle not exceeding 4.8m in length and having a capacity of not more than 8 passengers. (3) The taxi operation shall be carried out only by persons normally resident at the property subject of this permission. (4) There shall be no customer waiting facilities at the premises associated with the taxi operation. (5) No vehicle movements associated with the taxi operation shall take place to or from the premises between the hours of 23.00 hrs and 07.00 hrs. (6) Within two months of the date of this permission an additional off-street parking space shall be constructed in accordance with details to be agreed in writing with the Local Planning Authority.
Cont….. Application No. P/06/0575 Continued.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2-4) In order to retain effective control over the development, in the interests of residential amenity and highway safety. (5) In the interests of residential amenity. (6) In the interests of highway safety.
(B) That authorisation is granted to serve a Breach of Condition Notice or an Enforcement Notice to secure compliance with Condition (6) in the event of non-compliance. In the event of non-compliance with any notice served, authorisation is also sought to take such legal proceedings as may be required in order to terminate the breach of planning control.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0580 02 (UK) Ltd., Erect 20m column mast with three 05/05/06 260 Bath Road, antennae and two ground cabinets Slough, within fenced compound at Berks. Dwr Cymru, Welsh Water Reservoir, off Bryn Road, Blackwood.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: Dwr Cymru Welsh Water Reservoir off Bryn Road, Blackwood.
Site description including area and locality: The site is situated within the settlement limits of Blackwood. The proposed installation will be sited on the boundary of the Pontllanfraith Service Reservoir, some 240 metres south of the junction of Bryn Road with a country lane known as Trelyn Lane. The reservoir is a large complex, which includes a covered reservoir to the south of the application site. The land to the south rises considerably, whilst it generally falls to the north, east and west. The reservoir is also located on a locked access track, which means there is no vehicular route past the site. The site is very well screened to all directions by the trees on the periphery of the reservoir complex as well as those, that follow the access track to the north and south. The rising land to the south also serves to screen.
Development: The mast itself will be an 18m column structure in galvanized steel which can be painted, with three antennae, giving the mast an overall height of 20 metres, with ground based cabinets, measuring 2320mm x 750mm x 1940mm in height and 1350mm x 950mm x 997 mm in height, within a palisade fenced compound measuring 4metres x 5 metres.
It is stated in the application that:-
“The proposed design is a new design named the ‘mini macro’ as it is a structure structurally capable of accommodating six sector antennae but with a limited thickness of column and size of base and is utilized in locations where space is a premium. In this instance the land area is narrow due to the underground pipes and a structure capable of accommodating sector antennae, which can be orientated, and tilted to the required optimisation is required. This structure is also of minimal thickness and as a result the visual impact on the area is limited.”
A supporting statement has been submitted with the application which includes a justification of need for the development in terms of O2’s requirement to fill a gap in coverage in the 2G(GSM) 02(UK) network in the Blackwood and Pontllanfraith areas. The site will provide much needed coverage to the area for the existing 2G Networks, which provides voice, and media services to a user’s phone.
Cont….. Application No. P/06/0580 Continued.
The column is also capable of being upgraded (with no physical change) for use for the 3G Networks when this is launched in Blackwood/Pontllanfraith. The 3G Networks will bring high-speed data transfer and Internet and video capabilities to mobile phones. O2 needs to provide a physical infrastructure to service this network by means of a network of cell sites (mast or rooftop sites) in a similar vein to the existing network.
The new 3G Network is planned with a greater emphasis on neighbouring ‘cells’ or mast site interacting and as such the coverage must extend to the coverage of the neighbouring site. The 3G Network and 2G Network will each have their own antennae and equipment, and due to the characteristics of the 3G Network cell sites will be need to be closer together and thus require more sites. The statement also includes a Certificate, dated the 17th January, 2006 confirming that the proposal complies with the requirements of the radio frequency (RF) public exposure guidelines of the International Commission on Non Ionising Radiation Protection (ICNIRP).
PLANNING HISTORY
There is no recent planning history.
POLICY
(a) Site Allocation
Development Plan: Adopted Islwyn Local Plan - outside settlement limits.
Council Approved UDP: Policy C14 (17) Green Wedge – south west of Blackwood.
(b) Policies
Development Plan: Policy TE1 of the Islwyn Local Plan which states:-
Telecommunications development will be favourably considered provided that:-
• it is sited and designed so as to minimise the visual impact on its surroundings, subject to technical and operational requirements, • due regard has been paid to the possibility of sharing existing facilities and in the case of radio masts of erecting antennae on an existing building or structure, • particular care will be paid to the siting of facilities in areas of significant landscape or townscape value. These could include areas of significant townscape value, such as conservation areas, listed buildings and ancient monuments and their settings; or areas in the countryside such as sites of special scientific interest or special landscape areas, • the development does not conflict with renewable energy policy RE2 and with the appropriate ‘conservation and the environment policies’.
Council Approved UDP: Policy U3 – Telecommunications. Proposal for telecommunication structures and equipment will be permitted where:- Cont….. Application No. P/06/0580 Continued.
A Due regard has been paid to the most efficient use of facilities, including sharing existing facilities where possible and in the case of radio masts, of erecting antennae on an existing building or structure; B The proposal is part of a planned development of an associated network; C The siting, appearance and landscaping of the development would be compatible with its surroundings, and any adverse visual or other environmental impacts would be reduced to acceptable levels, subject to technical and operational requirements; D The proposal can be safely accessed from the highway network to permit regular maintenance without detriment to the local amenity or environment; and E On the site becoming permanently inoperative, structures and access roads will be removed and the site restored to its former use, or to any other condition as may be agreed in writing between the Local Planning Authority and the developer.
Policy C14(17) states:- “Green wedges have been designated in order to prevent coalescence between and within settlements at the following locations:-
17 south west of Blackwood.”
Standard Development Control Criteria contained in Policy DC1 are also relevant.
TAN 19 – Telecommunications contains the following advice:
Para 46 states: -
“Planning Authorities should have regard to any technical constraints on the location and the proposed development. Each application should be determined in accordance with the development plan unless material considerations indicate otherwise. Material considerations include the significance of the proposed development as part of a national network.
Planning Policy Wales advises at paragraph 13.13.2 that:-
“…the sharing of masts and sites is strongly encouraged where that represents the optimum environmental solution in a particular case. Use should also be made of existing buildings and other structures to site new antennas. Siting should, so far as is practicable, minimise the impact on amenity and the external appearance of the building.”
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
Cont….. Application No. P/06/0580 Continued.
CONSULTATION
Chief Engineer (Highways) has no objection to the development.
Chief Environmental Health Officer has confirmed that the information provided is satisfactory and there is no evidence of potential health risks.
ADVERTISEMENT
(a) Extent of Advertisement: The application was advertised on site and neighbouring properties were consulted.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
There are no issues.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
ANALYSIS
This proposal has to be considered in terms of current local plan policies. Notwithstanding the status of the Adopted Islwyn Local Plan the Council Approved Unitary Development Plan has been through the full process of a local plan short of formal adoption and as such is given greater weight than the older plans when determining planning applications. The relevant policy relating to these proposals is Policy U3 - Telecommunications.
In this respect with regard to criterion A contained therein the applicant has confirmed that the new 3G Network is planned with a greater emphasis on neighbouring ‘cells’ or mast sites interacting and as such coverage must extend to the coverage of the neighbouring site. The 3G Network and 2G Network will each have their own antennae and equipment and due to the characteristics of the 3G Network cell sites will need to be closer together and thus require more sites. Also, a view was taken by the company that a second slim column mast within the reservoir would be preferential over an extension to the existing already shared mast, as the existing mast is already a tall robust structure and highly visible without screening to the nearby housing. The reservoir however offered a well-screened inconspicuous location with little visual impact on the local amenity.
Cont….. Application No. P/06/0580 Continued.
The site is also well screened by trees located to the north and west. Whilst the proposed latticework will be prominent it is considered that the visual impact of the mast will be absorbed into the background landscape created by the sloping valley side. As such the proposals are considered to be sensitively located, and designed as such that they are compatible to their surroundings and will have a minimal impact on visual amenity in line with criterion C of Policy U3. However, it is considered appropriate to attach a condition to any consent requiring the mast to be painted in order to reduce its impact in this rural location.
With regard to criterion B, the development forms part of O2’s planned and existing national network.
In terms of criterion D, the development is sited upon private land upon which appropriate access to the private highway will be provided.
In terms of criterion E which refers to the restoration of inoperative sites to their former use, this may be addressed by the imposition of an appropriate condition albeit the developer has confirmed the same.
A declaration of conformity with ICNIRP Public Exposure Guidelines has been submitted to the authority with this application. The Chief Environmental Health Officer raises no objection on health grounds.
In conclusion, it is considered that the proposals do not conflict with local plan policies or national planning guidance and are therefore acceptable in planning terms.
RECOMMENDATION that Permission be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Prior to the commencement of the development details of the colour or finish of the mast shall be submitted for consideration and approval in writing with the Local Planning Authority. Development shall be carried out in accordance with the agreed details. (3) When the site hereby approved becomes permanently inoperative, all structures associated with the approved development shall be removed and the site restored to its former use.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) In the interests of amenity
Cont………. Application No. P/06/0580 Continued.
Advisory Note
Policies relevant to conditions: The development plans relevant to this application are the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policy TE1 and Policy U3 of the Local Plan and Unitary Development Plan respectively are relevant to the conditions imposed on this consent.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0592 Department of Economic Demolish existing visitor centre 08/05/06 Development and Tourism, building and construct two-storey Caerphilly County Borough Council, visitor centre building and external Unit 5, Woodfieldside Business Park, landscaping at Cwmcarn Scenic Penmaen Road, Drive, Forest Drive, off Twyncarn Pontllanfraith, Road, Cwmcarn. Blackwood.
APPLICATION TYPE: DEEMED CONSENT
SITE AND DEVELOPMENT
Location: Adjoining the entrance to the Cwmcarn Forest Drive to the east of Cwmcarn.
Site description: The site comprises the existing visitor centre sited in a relatively isolated position in the valley of the Nant Carn at the eastern end of the access road from Pontywaun. Wooded hillside rise to either side, and to the south-east in the valley floor is a campsite
Development: Permission is sought for the demolition of the existing visitor centre and the construction of a replacement two-storey building. A café, shop and exhibition areas would be provided on the ground floor, with offices and teaching areas and a balcony at first floor. The building would incorporate a shallow monopitch roof and contain large areas of glazing at the ‘front end’, having the appearance of a modern ‘business-style’ building.
Dimensions: The building would measure a maximum of 32m x 15m with a maximum height of 8m.
Materials: A mixture of natural stone cladding, timber cladding and render to the walls, and the roof to be a ‘living roof’ system.
Ancillary development: The existing road to the campsite that runs along the southern side of the building would be diverted to the rear of the building, and parking facilities to the west of the building would be rationalised.
PLANNING HISTORY Reference No. Description Decision Date P/04/1849 Extension to visitor Approved 27/01/05 centre P/99/0684 Car park and wood Approved 23/09/99 carving P/98/0090 Extensions Approved 19/03/98 POLICY (a) Site Allocation Cont….. Application No. P/06/0592 Continued.
Development Plan: Adopted Islwyn Local Plan – the site lies outside the settlement envelope and within a Special Landscape Area and Leisure Priority Area.
Council Approved UDP: The site lies outside the settlement boundary and within a Special Landscape Area.
(b) Policies
Development Plan: Adopted Islwyn Local Plan – Policies CE2 (development within Special Landscape Areas), TP1 (leisure priority areas), T1 (tourism facilities), T2 (recreation and tourism facilities in leisure priority areas), and D1-D6 (design of the built environment).
Council Approved UDP: Policies DC1 (development criteria), L12 (tourism development), DC2 (settlement boundary), C1 (development in the countryside) and C12 (Special Landscape Areas).
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection subject to the provision of adequate parking, and approval of the details of the alternative access to the campsite.
ADVERTISEMENT
(a) Extent of advertisement: The application was publicised by means of a site notice.
(b) Response
Number of letters: None.
SECTION 17 CRIME AND DISORDER ACT
What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area?
It is not considered that the development would give rise to issues of crime and disorder.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No.
Cont….. Application No. P/06/0592 Continued.
ANALYSIS
Permission was granted in January, 2005 for the extension of the existing visitor centre, including the addition of a second storey (P/04/1849). It has since been resolved following a structural survey that the building would need to be replaced completely, and the current application seeks approval for this development. The resultant building would be very similar in dimensions, detailing and materials to that already approved.
Policies:
Policy DC2 of the UDP states that development beyond the settlement boundary will only be permitted for certain categories of use; these include recreation and leisure proposals and the development is, therefore, considered to be in accordance with this policy. Policies T1 and T2 of the Adopted Islwyn Local Plan and Policy L12 encourage the development of tourist facilities where they would not conflict with neighbouring uses and the character of the area, and where the local infrastructure would support such development.
Policy C1 (the general countryside policy) of the UDP would allow development in the countryside only where it would not harm the character, amenity, landscape and nature conservation value of the area.
Policy CE2 of the Adopted Islwyn Local Plan and Policy C12 of the UDP state that development within Special Landscape Areas will only be permitted where there would be no harmful impact on the landscape character and nature conservation importance.
The proposal represents the improvement of visitor facilities at a well-established and popular tourist attraction. The proposed building is considered to be appropriate in scale, design and materials for its reasonably secluded position while providing a modern attractive environment for visitors. It is not considered that the landscape character of the Special Landscape Area would be harmed.
Comments from consultees:
The visitor centre currently has adequate parking provision; however, the Chief Engineer (Highways) requests that conditions be imposed on any permission to ensure that adequate access and parking is maintained, and requiring details of the diverted access to the campsite to be agreed.
RECOMMENDATION that Deemed Consent be GRANTED
This permission is subject to the following conditions:-
(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
Cont….. Application No. P/06/0592 Continued.
(2) Before development commences a scheme of landscaping shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include indications of all existing. No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. (3) The space within the curtilage of the site to be used for the parking of vehicles and the means of access thereto shall be constructed, surfaced and laid out, in accordance with details to be approved in writing with the Local Planning Authority, before the building hereby approved is first occupied. (4) Before development commences details of the diverted access road to the camping site shall be submitted to and approved in writing by the Local Planning Authority. The diverted access shall thereafter be carried out in accordance with the approved scheme.
The reasons for the Council’s decision are:-
(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity. (3) To ensure that adequate on-site parking is available in the interests of highway safety. (4) In the interests of highway safety.
Advisory Note
The development plan for this area consists of the Gwent Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policy D1 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan are of relevance to conditions attached to this permission.
Code No. and Name and Address of Applicant Description and location of date received proposed development
P/06/0595 Mr. A. Bosley & Miss R. Lewis, Change use from open land to 08/05/06 Moriah Heights, garden by means of erecting a wall Hill Street, on Land adjacent to Moriah Rhymney, Heights, Hill Street, Rhymney, Tredegar. Tredegar.
APPLICATION TYPE: FULL APPLICATION
SITE AND DEVELOPMENT
Location: Land adjacent to Moriah Heights, Hill Street, Rhymney.
Site description: The site is located within the settlement limits for Rhymney. The area of land is located to the western side of the property and has already been enclosed by a rock face block wall with brick piers along the front and rear boundaries of the site with an existing post and wire fence along the western boundary of the site adjacent to a public footpath. Residential properties are located beyond this footpath at Eglwys Fan. Terraced properties are located to the south west of the site along Hill Street and Min Y Mynydd Resource Centre is located to the north east of the site.
Development: Full planning permission for the change of use of vacant land to be included in the residential curtilage of Moriah Heights, Hill Street, Rhymney to include the erection of 1 metre high walls with 1.5 metre high face brick piers with coping stone.
Dimensions: The area of land is basically rectangular in shape except where a public car park occupies a 10m x 10m area adjacent to the public footpath adjacent to Eglwys Fan. The site has maximum dimensions of 10 metres along its frontage with Eglwys Fan, and 14 metres along its frontage with Hill Street with a maximum depth of 37 metres.
Materials: The materials used in the construction of the walls includes rockface block with face brick piers.
Ancillary development, e.g. parking: None.
PLANNING HISTORY
None.
POLICY
(a) Site Allocation
Development Plan: Adopted Upper Rhymney Valley Local Plan – within settlement limits. Cont….. Application No. P/06/0595 Continued.
Council Approved UDP: Policy DC2 (settlement limits).
(b) Policies
Development Plan: Policy EV3 – (standard development control criteria) of the Adopted Upper Rhymney Valley Local Plan.
Council Approved UDP: The development has been assessed against standard development control criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, which are the principle mechanisms for achieving good design.
ENVIRONMENTAL IMPACT ASSESSMENT
Did the application have to be screened for an EIA? No.
CONSULTATION
Chief Engineer (Highways) has no objection to the development.
Chief Environmental Health Officer requests a standard condition in respect of the importation of soil.
ADVERTISEMENT
(a) Extent of advertisement: A site notice was displayed and a neighbour consultation exercise was undertaken.
(b) Response
Number of letters: One.
Summary of responses: Land ownership issues.
SECTION 17 OF THE CRIME AND DISORDER ACT
There are no crime and disorder implications.
EU HABITATS DIRECTIVE
Does the development affect any protected wildlife species? No
Cont….. Application No. P/06/0595 Continued.
ANALYSIS
In the determination of this application, consideration has to be given to the policies quoted above. In this respect given that the policies and proposals in the Council Approved Unitary Development Plan have been through a full process short of formal adoption, they will be given more weight than the older Plans and as such are a material consideration when determining planning applications.
The site is included within the settlement boundaries of both the Adopted Upper Rhymney Valley Local Plan and the Caerphilly Approved Unitary Development Plan.
In considering the development, Policy DC1 (standard development control criteria) is relevant.
Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. In this respect the change of use of land to domestic curtilage is considered acceptable.
The original objection raised referred to land that the existing house has been built on and according to the applicant has been amicably and legally resolved. No response has been received from the objector to a request to provide evidence of land ownership.
In conclusion it is considered that the proposed change of use of land does not conflict with local plan policies and is therefore acceptable in planning terms.
RECOMMENDATION that Permission be GRANTED.
This permission is subject to the following condition:-
The change of use of land subject of this consent shall be ancillary to the residential use of the dwelling and for no other purpose.
The reason for the Council’s decision is:-
In the interests of residential amenity.
Advisory Note
(a) Development plan policies relevant to conditions: The development plan for this area consists of the Mid Glamorgan Structure Plan, the Adopted Upper Rhymney Valley Local Plan and the Council approved Unitary Development Plan. Policy EV3 of the local plan and policy DC1 of the Council Approved Unitary Development Plan are relevant to the condition attached to this consent.