Merthyr Tydfil County Borough Council Date

MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

DATE WRITTEN 22nd July 2009 REPORT AUTHOR Norman Davies COMMITTEE Planning and Regulatory COMMITTEE DATE 29th July 2009

To: Chairman and Members of the Planning and Regulatory Committee to be held on Wednesday, 29th July 2009

------

Report of the Director of Customer Corporate Services on applications received for determination and recommendation under the Town and Country Planning Act 1990 and Planning and Compensation Act 1991.

------

LIST OF CONTENTS

1. Planning Applications for Committee Determination.

2. Reports for Information

3. Appeals Received by The Planning Inspectorate

4. Planning Application Statistics

5. Appendix 1

GENERAL NOTES

1. In addition to those conditions specifically noted on the reports contained within this Committee Agenda, all decision notices issued (unless expressly noted as being an exception to this practice) will include a condition relating to the duration of the permission.

These conditions are expressly imposed in accordance with Sections 91 and 92 of the Town and Country Planning Act 1990.

All applications will be granted subject to a standard condition which requires that the development approved must commence within five years of the date of the permission (unless the Local Planning Authority stipulates an alternative time period).

Outline planning permissions will be issued subject to a condition requiring “reserved matters” to be submitted within three years of the date of the outline permission. Works in relation to the development must commence within five years of the initial outline consent, or if later, the expiration of two years from the final approval of the “reserved matters” or, in the case of approval on different dates, the final approval of the last such matter to be approved.

2. All related planning application documents are available for inspection within the Town Planning Division, at Ground Floor, Ty Keir Hardie, during normal office hours.

1. PLANNING APPLICATIONS FOR COMMITTEE DETERMINATION

Application Location Proposed Development No.

P/07/0290 Land To The North Of Oakfield Residential development Street, West Of 1 & 2 Police Houses And To The South West Of Pantglas Fawr Aberfan

P/08/0318 Land To The North-East Of Infilling of part of field with a mixture of Cropthorne House Shingrig clay, subsoil and topsoil and associated Road Trelewis Treharris landscaping (Retrospective Application)

P/08/0400 Land To The South Of Infilling of excavated land with inert Cropthorne House Shingrig material and topsoil, and associated land Road Trelewis drains and landscaping

P/08/0430 Land At Ochor-Y-Mynydd (to Erection of six houses and associated The West Of 17 Winchfawr) access road and drainage works Heolgerrig Merthyr Tydfil

P/09/0008 6 Ty Llwyd Parc Quakers Yard Erection of front and rear dormer Treharris CF46 5LA windows and erection of single storey rear porch

P/09/0022 Rhydycar Canal Bridge Refurbishment of bridge and excavation Rhydycar Merthyr Tydfil works to expose buried canal profile

P/09/0030 Land To The Rear (west) Of Erection of 19 detached dwellings Old Oak Bungalow And Nos 105 To 113 Bryntaf Aberfan Merthyr Tydfil

P/09/0043 Land At Ty Llwyd Farm Oak Construction of 25 dwellings and Road Treharris associated works

P/09/0090 Prospect Bungalow Slip Road Renewal of planning consent 05/0653 Cwmblacs Merthyr Tydfil (Residential development - 5 houses)

P/09/0120 Delmont Dowlais Stables Erection of extension to outbuilding and Dowlais Merthyr Tydfil conversion of resultant outbuilding to living accommodation, garage, garden store, and other minor external alterations

P/09/0145 Dowlais Library Church Street Installation of book deposit box Dowlais Merthyr Tydfil

P/09/0146 Dowlais Library Church Street Installation of book deposit box Dowlais Merthyr Tydfil

P/09/0163 Treharris Nursery School Canopy within school yard Edward Street Treharris CF46 5ER

P/09/0165 42 Trevithick Gardens Merthyr Erection of two storey and first floor side Tydfil CF47 0RP extension and erection of single storey rear extension

P/09/0166 Little Mill Garage Glynbargoed Erection of single storey front extension Road Trelewis Treharris and change of use of part of building to MOT test centre

Application No. Date Determining Authority P/07/0290 23rd May 2007 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Residential development Land To The North Of D Davies P W Davies L M Oakfield Street, West Of Jones & C M McKeown 1 & 2 Police Houses And c/o RPS Planning & To The South West Of Development Pantglas Fawr Park House Aberfan Greyfriars Road Merthyr Tydfil Cardiff CF10 3AF

APPLICATION SITE

This application relates to a piece of land comprising approximately 1.26 hectares in area. The site is irregular in shape and is located within a residential area of Aberfan.

To the south of the site lies 2-34 (evens) Oakfield Street and 27 The Grove, to the east of the site are 1 and 2 Police Houses and to the north-east of the site are 22-26 Pantglas Fawr. The Taff Trail bounds the site to the west with vacant land bounding the site to the north.

The site generally slopes downwards in a west to east direction and is heavily overgrown with a variety of trees, bushes and other vegetation. A number of trees subject of a Tree Preservation Order are located along the western boundary of the site. A watercourse runs through the southern sector of the site.

The access lane located to the north (rear) of 2-34 Oakfield Street and 27 The Grove is also included within the application site, as are part of the forecourts of the three garages located to the rear of 1 Police Houses. A strip of land that currently forms the southernmost part of the curtilage of 1 Police Houses is also included within the application site.

PROPOSED DEVELOPMENT

Outline planning consent is sought to develop the site for residential purposes. The number of dwellings proposed for the site has not been specified. Details relating to external appearance, siting, design and landscaping have been reserved for future consideration.

The proposed means of access to the site does however form part of this application. In essence, it is proposed that an access road into the site will be provided to the north of 27 The Grove. This access road will feature a 5.5m wide carriageway with footways either side. Visibility splays of 2.4m by 31m will be provided in each direction at the junction of the newly created road and existing access lane.

The proposed scheme also involves carrying out widening works to the section of the existing access lane that lies to the north of 27 The Grove so that its carriageway is increased to 5.5m in width. It is also proposed to create a footway on the north side of this section of the improved access lane. This proposed footway will encompass the land that forms part of the forecourts serving the three garages to the rear of 1 Police Houses, and part of the land that currently forms part of the curtilage of 1 Police Houses (as described above in the ‘Application Site’ section of this report). This newly created footway will join up with the existing footway located to the front (east) of 1 Police Houses.

PLANNING HISTORY

There is no relevant planning history pertaining to the site.

CONSULTATION

The following consultees were consulted as part of the planning application process.

Head of Engineering No objection

Head of Public Protection No response

Countryside Officer No objection

Environment Agency No objection

C.C.W. No objection

Fire Service No objection

Police No response

Welsh Water No objection

Wales & West Utilities No objection

Western Power Dist’ No objection

PUBLICITY

The planning application was publicised by means of sending individual letters to the dwellings that adjoin the site, by displaying four site notices within the vicinity of the site and by placing a Press Notice within the Merthyr Express.

Following this publicity exercise, a petition of objection signed by 19 local residents has been received, together with three letters of objection. The relevant points of objection contained within the petition and letters are summarised below.

1. The development of the site would result in the loss of a ‘greenfield site’, mature trees and a habitat for local wildlife.

2. The area is prone to flooding. The development of the site would exacerbate this problem.

3. The development of the site would result in existing local residents being overlooked, resulting in a loss of privacy.

4. The proposed development would have an adverse impact on the landscape character of the area.

5. The proposal would give rise to increased levels of vehicular movements, which the existing highway network would be unable to cope with, to the detriment of highway safety.

6. Any vehicles entering the site would cause noise which would be detrimental to local residents. Light pollution from vehicle headlights would also be detrimental to local residents.

7. The development of the site could result in ‘land slippage’, which could damage local properties.

POLICY CONTEXT

The site lies within the ‘Settlement Boundary’ as defined by the Merthyr Tydfil Borough Local Plan. Therefore, Policy H3 of the adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991-2006 and Policy H2 of the Merthyr Tydfil Borough Plan are relevant to the determination of this application.

The site is specifically designated for residential development within the deposit Merthyr Tydfil Local Development Plan – site H38 refers.

PLANNING CONSIDERATIONS

The main issues in the determination of this application are whether the principle of developing the site for residential purposes is acceptable in land use terms, and whether the proposed means of access to the site is acceptable in highway terms.

The site lies within the Settlement Boundary as defined on the Local Plan Proposals Map. The site is also specifically allocated for residential purposes in the deposit LDP. It is therefore considered that given that the site lies within a predominantly residential area, the principle of developing the site for residential purposes is acceptable in land use terms.

It is considered that subject to sensitive siting and design, a number of dwellings could be erected on the site without there being an adverse impact on the living conditions of local residents. Details relating to the siting and design of any dwellings proposed for the site will be fully considered at ‘reserved matters’ stage if the application subject of this report is approved.

It is accepted that the development of the site would result in the loss of some of the vegetation that currently exists within the site. The applicant was therefore requested to provide a ‘Tree Report’ and a ‘Survey for Protected Species’ report relating to the site. These reports were provided earlier in the year and then subsequently sent to the three consultees referred to below.

The reports indicate that the vegetation contained within the site (including trees) is of limited quality in ecological terms and that there is no evidence of any of the trees containing bat roosts. Hence, no objections have been made to the application by the Environment Agency, the Countryside Council for Wales or the Council’s Countryside Officer subject to the imposition of suitably worded conditions. For the avoidance of doubt, it should be noted that even if this outline planning application is approved, the trees protected by Tree Preservation Orders will still be afforded the same level of protection as currently exists.

It is acknowledged that houses in Pantglas Fawr have previously been subject to problems of flooding. It is also noted that the eastern end of the site is defined as falling within a ‘Zone C1’ as identified by the Development Control Advice maps compiled by W.A.G. (in conjunction with TAN 15). Land falling within Zone C1 is classed as an area of floodplain which are developed and served by significant infrastructure, including flood defences.

In response to these issues, the applicant has provided a Flood Consequences Assessment as part of the planning application, at the request of the Environment Agency. Following the receipt of this document, the Environment Agency have not raised any objection to the application, subject to the proviso that mitigation measures are provided at detailed application stage to deal with any issues relating to flooding. Such mitigation measures may include the creation of a new cut-off ditch along the western boundary of the site, the enhancement of the existing watercourse that runs within the southern sector of the site, and the upsizing of the existing culvert that continues on from the open watercourse and runs beneath the B4285. This matter will consequently be addressed by means of utilising a suitably worded planning condition.

Advice contained within TAN 15 suggests that residential development should not be permitted in a Zone C1 area. The Flood Consequences Assessment recognises this restriction and stipulates (within section 4.1) that no properties will be built within the Zone C1.

The proposal is also considered to be acceptable in highway/transportation terms, on the basis that the Head of Engineering has not offered any objection to the application. In essence it is considered that subject to the highway improvements works being proposed (described in the Proposed Development section of this report), the local highway network is capable of serving a higher number of residential dwellings without adversely affecting highway or pedestrian safety.

It is also noted that the proposed improvement works will benefit existing local residents, as a section of the existing access lane (located alongside 27 The Grove) will be increased in width and new footways will be provided. The proposed means of access into the site is also considered acceptable, as are the visibility splays of 2.4m by 31m that will serve the newly created junction.

In terms of the points of objection summarised in the ‘Publicity’ section of this report, the following comments are made.

1. It is acknowledged that the proposal will result in the loss of this previously undeveloped site. However, the proposal is considered to comply with the relevant Development Plan Policies for the reasons stated above. Furthermore, it should be noted that the site is identified for residential development in the deposit LDP.

2. The issue of flooding is referred to above.

3. Details relating to the siting of building and their design etc do not form part of this application. Issues relating to loss of privacy can only be judged when a ‘reserved matters’ application is made. Local residents will be invited to make comments on any ‘reserved matters’ application in the normal manner when such an application is made.

4. The principle of developing the site is considered acceptable for the reasons stated above. The specific impact of any proposed development on the character of the area can only be assessed when a detailed application is made.

5. The proposal is considered acceptable in highway terms for the reasons stated above.

6. It is accepted that any vehicles accessing or leaving the site could have the potential to impinge noise or light pollution on local residents. However, there is no evidence to suggest that the impact on local residents in terms of noise or light pollution would be great enough as to warrant the refusal of the application on such grounds. This issue can however be examined in more detail at detailed application stage.

7. There is no evidence to suggest that the proposal will give rise to any ‘slippage’. In the event that any damage is caused to local properties, this would constitute a civil matter that would need to be resolved between the parties concerned.

CONCLUSION

In summary, the principle of utilising the site for residential purposes complies with current Development Plan Policies. The proposal also complies with the deposit LDP allocation of utilising the site for residential purposes. The proposed access arrangements serving the site are also deemed to be acceptable.

Accordingly, in the absence of any objections from consultees the following recommendation is made.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. Details relating to the siting, design and external appearance of the building(s) and the landscaping of the site shall be submitted to and approved by the Local Planning Authority BEFORE works commence on site.

Reason - The condition is imposed in accordance with Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

2. In conjunction with the statutory "reserved matters" details required by Condition 1, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and completed in full accordance with such approved details BEFORE the development hereby approved is brought into use.

i) existing and proposed site levels including full cross sectional drawings;

ii) proposed slab or floor levels of all buildings to be erected together with relative yard, ridgeline and highway levels and those of adjacent buildings;

iii) the means of foul water and surface water drainage;

iv) the position height and material of all walls, fences and other means of enclosure;

v) full constructional and facing material details of any retaining walls over 1 metre in height.

Reason - To ensure a satisfactory standard of development and protect local amenity interests.

3. The layout scheme shall allow for a minimum of 2 No. off street car parking spaces for each dwelling.

Reason - To ensure the parking needs of the development are adequately met at all times.

4. The highway improvement works illustrated on the drawings hereby approved shall be implemented in full, in accordance with construction details to be submitted to and approved in writing by the Local Planning Authority, prior to the construction of any dwelling on the site.

Reason - In the interests of highway safety.

5. The two sets of visibility splays as indicated on the approved plans shall be provided BEFORE the dwellings hereby approved are brought into beneficial use and shall be kept free of any structures or vegetation exceeding 0.9 metres in height at all times.

Reason - In the interests of highway safety

6. In conjunction with the 'reserved matters' details required by Condition 1, full details of the internal access road(s) serving the proposed dwellings shall be submitted to and approved in writing by the Local Planning Authority before works commence on site. The internal access road(s) shall be constructed in accordance with such approved details before any of the dwellings are brought into beneficial use.

Reason - In the interests of highway safety.

7. NO DEVELOPMENT shall take place until a structural design certificate, completed and signed by a Chartered Engineer, and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The Certificate shall certify that appropriate site investigations have been carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.

Reason - To ascertain the stability of the site and to determine the structural suitability of the development thereon in view of prevailing ground conditions.

8. The scheme as approved in Condition 7 above shall be fully incorporated in the design and construction of the proposed development.

Reason - To ensure that no development is undertaken which may be prejudiced by existing ground conditions.

9. Construction works shall only be carried out between the hours of 8.00am to 6.00pm Mondays to Fridays and 8.00am to 2.00pm on Saturdays. Construction works shall not be carried out at any time on Sundays nor Public Holidays.

Reason - To protect the amenities of occupiers of nearby dwellings.

10. Prior to the commencement of construction works on site a scheme shall be submitted to and approved in writing by the Local Planning Authority, showing a method of wheel cleansing for all vehicles leaving the site. The wheel cleansing apparatus shall be operational at all times when vehicles are using the site and shall remain in place until such time as the proposed development is completed or an agreement is reached with the Local Planning Authority that the apparatus is no longer required.

Reason - In order to keep the roads surrounding the site clean in the interests of highway safety

11. No development approved by this permission shall be commenced until a scheme for the provision and implantation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented to the satisfaction of the Local Planning Authority prior to the construction of any impermeable surfaces draining to the system.

Reason - To prevent the increased risk of flooding.

12. A detailed scheme of flood risk mitigation measures shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works hereby approved. The submitted scheme shall provide information relating to the calculations of the water flows to be accommodated, cross-sectional drawings of any ditch to be provided, together with full details of any modification works that may need to be carried out to the existing watercourse that runs through the site and/or the culvert that runs from the south-eastern corner of the site. The approved scheme shall be implemented in full prior to the construction of any of the dwellings hereby approved.

Reason - To mitigate the risk of flooding.

13. No clearance of trees or vegetation shall take place between the 1st March and 31st August (inclusive) in any year, unless expressly authorised by the Local Planning Authority.

Reason - To protect breeding birds.

14. In conjunction with the 'reserved matters' details required by Condition 1, an 'Arboricultural Implications Assessment and Method Statement' shall be submitted to and approved in writing by the Local Planning Authority. The recommendations contained within the approved document shall be implemented in full thereafter.

Reason - To ensure that the impact of the proposed development on those trees to be retained is minimised.

15. In conjunction with the 'reserved matters' details required by Condition 1, a 'Landscape and Visual Impact Assessment' shall be submitted to the Local Planning Authority.

Reason - In order to allow the Local Planning Authority to fully assess the visual impact of the proposed development.

16. Immediately prior to the felling of, or carrying out of any other arboricultural works to trees T2, T3, T4, T5, T6 or T8 (as annotated in the Survey for Protected Species document prepared by David Clements Ecology Ltd), the trees should be surveyed by a suitably licensed bat surveyor for bat roosts. Any tree works to these trees must be carried out under the supervision of the licensed bay surveyor.

Reason - In order to protect bats and their roosts.

17. Prior to any construction or site clearance works commencing on site, details shall be submitted to and approved in writing by the Local Planning Authority relating to a scheme of bat boxes to be provided within the site. These bat boxes shall be provided in accordance with such approved details, prior to the commencement of any construction or site clearance works, and shall be retained thereafter in perpetuity

Reason - In order to provide bat roosts within the site.

18. In conjunction with the 'reserved matters' details required by Condition 1, a Management Plan relating to any parts of the site that are not be to developed, shall be submitted to and approved in writing by the Local Planning Authority before works commence on site. The Management Plan as may be approved by the Local Planning Authority shall be implemented in full thereafter.

Reason - To ensure that the undeveloped parts of the site are protected and managed in the long term.

------

Application No. Date Determining Authority P/08/0318 21st July 2008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Infilling of part of field with a Land To The North-East Mr Andrew Green mixture of clay, subsoil and Of Cropthorne House c/o Mr A G Reed topsoil and associated Shingrig Road 38 Birchgrove landscaping (Retrospective Trelewis New Tredegar Application) Treharris Gwent CF46 6DP NP24 6AH

At the 6 th May 2009 meeting of this Committee, it was resolved not to accept the Officer’s recommendation to conditionally approve this application, but instead to hold a Fact Finding Site Visit. This Fact Finding Site Visit took place on the 25 th June 2009.

I am of the opinion that no new issues were raised at the site meeting which warrant a change to my original recommendation.

Accordingly as I find the proposed scheme to again be acceptable, I again recommend that the application be approved.

COMMITTEE’S DECISION IS REQUIRED .

A copy of the original report to Committee is reproduced below for Committee’s convenience.

APPLICATION SITE

This application relates to part of a field located to the north-east of Cropthorne House, Shingrig Road. The area of land to which the application relates is irregular in shape and is approximately 123m in length and 60m in width. It is sited in a relatively central position within the field and is located some 78m from the nearest residential property.

PLANNING HISTORY

The following history is relevant to the determination of the application.

21 st Aug 2006 Planning permission granted for the infilling of field with a mixture of clay, subsoil and topsoil (and associated landscaping). Planning Consent 06/0234 refers.

The applicant commenced deposition works on the site in early 2008. Following the commencement of these works, it became apparent to the Town Planning Division that the area of the field subject of the deposition works was greater than that which had been granted planning consent.

The applicant was subsequently advised of this breach of planning control, and invited to submit an application to regularise the situation. The application subject of this report was consequently submitted to the Town Planning Division for consideration.

PROPOSED DEVELOPMENT

This application seeks retrospective planning consent to retain the deposition works undertaken at the site. These works have been carried out in order to fill a slight depression within the field which it is located. The majority of the material deposited at the site comprises clay material taken from a different field which lies to south of the application site, and which also falls within the applicant’s ownership.

The proposed ‘infill area’ comprises approximately 10506 sq m and has an infill volume of approximately 4559 cubic metres. The depth of the deposition works are an average 0.434m and a maximum depth of approximately 1.0m. The deposited material is to be graded to correspond with the profile of the adjoining part of the field.

Following the completion of the deposition works, the site is to be covered with sub-soil and top-soil, and planted with grass seed. At the time of writing this report, these works have almost been completed, and part of the site already top-soiled.

CONSULTATION

The following were consulted with regard the application and the following comments received.

Head of Engineering No objection

Head of Env Health No objection

Environment Agency No objection

Welsh Water No objection

Wales & West Utilities No objection

Western Power Distribution No objection

PUBLICITY

The application was publicized by means of a Press Notice within the Merthyr Express, by displaying three site notices within the vicinity of the site and by sending a consultation letter to a local property. Following this publicity exercise I have received three letters of objection from local residents. The relevant points of objection contained within these letters are summarised below.

1. The deposition works are unsightly and detract from the visual amenities of the area. The operating and parking of the heavy machinery required to carry out the works also compromises the visual amenities of the area.

2. The heavy machinery used to carry out the proposed works is detrimental to pedestrian and highway safety.

3. The proposed works have resulted in material being deposited on the nearby highway network.

4. The proposed works have caused significant inconvenience for users of the access lane that lies to the south of the site. The machinery used for the works crosses the access lane which is a public right of way and a private access road.

5. The integrity of the access lane that lies to the south of the site has been compromised by the operation of the heavy machinery used to carry out the works. This machinery has created two furrows in the track leading from the access lane to the application site. These furrows allow surface water to ‘stream’ onto the access lane, causing water to pool in the potholes within the access lane.

6. Material has been taken from the field that lies to the south of the access lane to the application site without planning permission.

7. The works involve the creation of noise, fumes and dust pollution to the detriment of local residents.

8. The proposed works are contrary to Local Plan Policy NH1, National Policy and various legislation.

POLICY CONTEXT

The site lies outside the ‘Settlement Boundary’ as defined by the Merthyr Tydfil Borough Local Plan Proposals Map. The Local Plan also designates the site as ‘Landscape Protection’ area.

Policy NH1 of the Local Plan is therefore relevant to the determination of the application. This policy states;

Proposals for new development in the countryside outside identified settlement boundaries will be permitted subject to consideration against the following criteria:-

1) The merits of the development should clearly outweigh the value of protecting the countryside for its own sake particularly in landscape protection areas: appropriate forms of development may include tourism, leisure, reclamation, renewable energy, health and amenity, transport links and utilities. 2) The proposal does not have an unacceptable impact on the character, amenity and landscape quality of the area. 3) The proposals are in accord with other development specific policies contained within the local plan. 4) The siting of the development is acceptable in relation to the design, scale, materials and setting of the proposal. 5) The development does not pose an unacceptable risk to sites of nature conservation interests, which include habitat, species and sites of geological and geomorphological interest. 6) The proposal does not conflict with transportation considerations including parking, traffic generation, access and accessibility to public transport. 7) The proposal does not compromise the enjoyment of public rights of way and other forms of public access to the countryside. 8) The proposal has regard to the provisions of policy NH7 regarding the water environment.

PLANNING CONSIDERATIONS

The proposed scheme (which was almost complete at the time of writing this report) is not considered to have an adverse impact on the visual amenities or character of the area. It is however accepted that there has been a temporary impact on the visual amenities of the area during the course of these works. The proposed scheme has however created a more level field and has improved the drainage of the site, making it more usable for the keeping of horses.

The proposed works are considered to be acceptable in highway terms, particularly as the Head of Engineering has not raised any objection to the proposal.

The scheme is considered acceptable to the living conditions of local residents, the nearest of which lives some 78m from the application site. Following the completion of the works, local residents will not be adversely affected by the works in any respect.

It is also considered that the proposal has not had an adverse impact on the ecology of the area, largely due to the application site being of little ecological importance. In this regard it is important to note that the Environment Agency has not raised any objections to the application.

The following comments are made to the points of objection summarised in the ‘Publicity’ section of this report.

1. The deposition works are not considered to affect the visual amenities of the area. Following the completion of the scheme, the profile of the works will ‘blend in’ with the profile of the remainder of then field. The parking and operation of the machinery required to carry out the proposed works are only temporary. In any event the visual impact caused by the operation and parking of machinery does not warrant the refusal of the application.

2+3. The Head of Engineering has not objected to the application. Therefore, the proposed works are not considered to be detrimental to pedestrian or highway safety.

4. It is accepted that the machinery used to carry out the proposed works crosses the access lane. However, this in itself does not warrant the refusal of the application. Any issues relating to this machinery crossing a ‘private lane’ is a matter that would need to be resolved between the applicant and the owner of the site.

5. It is not considered that the proposed works have lead to the integrity of the access lane being adversely affected. A recent visit to the site revealed that works have been undertaken, to ‘fill’ the potholes within the site with hardcore material.

6. This does not form a reason for the refusal of the application, although it is acknowledged that the applicant has transferred material from the land to the south of the access lane to the application site. The applicant has however submitted a retrospective planning application relating to the exaction of material from the land to the south. This application (08/0400) appears later in this agenda.

7. It is accepted that there may be an increased level of dust, noise and disturbance impinged upon local residents during the proposed works. The Head of Environmental Health has not however objected to the application For this reason, it is not considered that the proposed works adversely affect the living conditions of local residents on such grounds. It is also important to note that the nearest dwelling is nearly 78m from the application site and that such works will only last for a temporary period.

8. For the reasons stated above, the proposal is not considered to be contrary to Local Plan Policy NH1. Neither is it considered to be contrary to National Policy or other legislation. In this regard it is important to note that no objections have been received from statutory consultees.

Accordingly, as I consider that this application to be acceptable, I make the following recommendation.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The deposition works hereby approved shall cease within 3 months of this planning permission.

Reason - In the interest of visual amenity.

2. Within 3 months of the date of this planning permission, a scheme of landscaping the site shall be submitted to and approved in writing by the Local Planning Authority. Such details as may be approved in writing shall be implemented within 3 months of the deposition works hereby approved being completed or ceased, whichever is sooner.

Reason - In the interest of visual amenity.

3. The works hereby approved shall only take place between the hours of 8am to 6pm Mondays to Fridays, and 8am to 1pm on Saturdays. No works shall be carried out on Sundays or Public Holidays.

Reason - To protect the existing amenities enjoyed by occupiers of nearby properties.

------

Application No. Date Determining Authority P/08/0400 2nd October 2008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Infilling of excavated land with Land To The South Of Mr Andrew Green inert material and topsoil, and Cropthorne House c/o Mr A G Reed associated land drains and Shingrig Road 38 Birchgrove landscaping Trelewis New Tredegar Gwent NP24 6AH

I am of the opinion that no new issues were raised at the site meeting which warrant a change to my original recommendation.

Accordingly as I find the proposed scheme to again be acceptable, I again recommend that the application be approved.

COMMITTEE’S DECISION IS REQUIRED .

A copy of the original report to Committee is reproduced below for Committee’s convenience.

APPLICATION SITE

This application relates to a section of a field located to the south-east of Cropthorne House, Shingrig Road. The area of land to which the application relates is irregular in shape and is a maximum of 58m long and 31m wide. It is sited in a relatively central position within the field and lies to the rear (south-east) of a group of stable buildings also within the applicant’s ownership.

PLANNING HISTORY

The following history is relevant to the determination of the application.

5th July 2002 Full planning permission granted for the re-profiling of the field and the erection of stables and a ménage (Ref 02/0116).

The re-profiling works that formed part of the 02/0116 planning permission comprise the raising of levels on the site by means of importing inert material to the site. These works were commenced in April 2006 and are still ongoing.

However, rather than just raising the levels of the site, the applicant excavated a section of the field in order to attempt to address the drainage problems that have been present at the site for a number of years. This material was transferred to and deposited on another applicant owned field that lies to the north-east of Cropthorne House. These deposition works are subject to planning application 08/0318 which also appears on this agenda.

The applicant was advised that the excavation works did not comprise part of the 02/0116 planning consent, and hence submitted the application subject of this report in order to regularise the situation.

PROPOSED DEVELOPMENT

This application seeks retrospective consent for the excavation works referred to above, and the infilling of the created void with inert material. The excavation area comprises approximately 1739 sq m. The volume of material required to fill the created void comprises approximately 6173 cubic metres of material. The maximum depth of the void is 3.1m.

The drawings submitted as part of the application indicate that it is anticipated that the void will be filled within 61 weeks of the planning application being submitted. Accordingly, on the basis that the application was submitted to the Town Planning Division on the 2 nd October 2008, the void should be filled by the 3 rd December 2009.

CONSULTATION

The following were consulted with regard the application and the following comments received.

Head of Engineering No objection

Head of Env Health No objection

Countryside Officer No objection

Environment Agency No objection

C.C.W. No objection

G.G.A.T. No objection

Welsh Water No response

Wales & West Utilities No objection

Western Power Distribution No objection

PUBLICITY

The application was publicized by means of displaying two site notices within the vicinity of the site and by sending a consultation letter to a local property. Following this publicity exercise I have received two letters from local residents. These letters do not object to the application, but do however raise a number of concerns. These concerns are summarised below.

1. The applicant may use the site as a ‘transfer station’ involving the screening and stockpiling of imported material and its subsequent transfer to the field that lies to the north- east of Shingrig House. This activity would prolong the process of importing material to the site, to the detriment of the visual amenities of the area.

2. No materials shall be deposited on site until the required drainage works have been undertaken.

3. No materials should be stored on site (in stockpiles etc) that are higher than the proposed finished levels of the site. All materials imported to the site should be deposited immediately into the void that they are intended to fill.

4. The proposed works should not be detrimental to the surface of the access lane that runs along the northern boundary of the field, nor should the works result in the obstruction of this access lane.

POLICY CONTEXT

The site is lies outside the ‘Settlement Boundary’ as defined by the Merthyr Tydfil Borough Local Plan Proposals Map. The Local Plan also designates the site as ‘Landscape Protection’ area.

Policy NH1 of the Local Plan is therefore relevant to the determination of the application. This policy states;

Proposals for new development in the countryside outside identified settlement boundaries will be permitted subject to consideration against the following criteria:-

1. The merits of the development should clearly outweigh the value of protecting the countryside for its own sake particularly in landscape protection areas: appropriate forms of development may include tourism, leisure, reclamation, renewable energy, health and amenity, transport links and utilities.

2. The proposal does not have an unacceptable impact on the character, amenity and landscape quality of the area.

3. The proposals are in accord with other development specific policies contained within the local plan.

4. The siting of the development is acceptable in relation to the design, scale, materials and setting of the proposal.

5. The development does not pose an unacceptable risk to sites of nature conservation interests, which include habitat, species and sites of geological and geomorphological interest.

6. The proposal does not conflict with transportation considerations including parking, traffic generation, access and accessibility to public transport.

7. The proposal does not compromise the enjoyment of public rights of way and other forms of public access to the countryside.

8. The proposal has regard to the provisions of policy NH7 regarding the water environment.

PLANNING CONSIDERATIONS

Notwithstanding the fact that the excavation works have already been carried without planning permission, the application must be considered on its planning merits. In this regard, it should also be noted that the void has already been partially filled in by inert material imported to the site. The void is therefore not as great as it was following the completion of the excavation works.

The excavation works were undertaken by the applicant in order to address the longstanding drainage problems at the site. The material excavated from the site (and taken to one of the applicant’s other fields) comprised clay. This clay material was preventing rainwater from soaking into the ground and hence did not allow for the site to be beneficially used. The removal of this clay material and its replacement with inert material will allow for the drainage of the field, and hence will allow the applicant to fully implement the 02/0116 planning permission (erection of stable and ménage and re-profiling of site).

It is recognised that the proposed works have had an impact on the visual amenities of the area. However, the proposed works are only of a temporary nature and will be concluded in December 2009. The works currently being undertaken relate to the in-filling of the void and hence are gradually reducing its size. Following the completion of the proposed works and the re-profiling works subject of the 02/0116 planning permission, the overall field will be of an improved visual appearance compared to its visual appearance before works commenced, and will provide a small scale leisure based activity (stables).

The proposed works are not considered to have an adverse impact on the living conditions of local residents. In this regard it should be noted that no objections have been received from local residents on such grounds.

On the basis that the Head of Engineering has not raised any objection to the proposal, the scheme is considered to be acceptable in highway/transportation terms.

The proposal is not considered to have an impact on the ecology of the area. In this respect it should that neither the Council’s Countryside Officer, the Countryside Council for Wales nor the Environment Agency have raised any objection to the application.

In respect of the comments raised within the two letters received as part of the publicity exercise, the following comments are made.

1. There is no evidence to suggest that the applicant has in the past or intends to in the future utilise the site as a ‘transfer station’. The Environment Agency have verbally advised the Town Planning Division that they have inspected the site on a number of occasions since deposition works commenced, but have not witnessed the site being used as a transfer station. The applicant is however required to ‘screen’ all material imported to the site to ensure that only inert material is deposited on the field, in accordance with the requirements of the Environment Agency.

The applicant has advised that no imported material (except top-soil) has been deposited on the field that lies to the north-east of Cropthorne House. In any event, the deposition works relating to this field are almost complete.

2. The Head of Engineering has not requested that any drainage works be undertaken as part of the proposed scheme.

3. It is not possible to deposit imported material into the void as soon as it is received, as it firstly needs to be screened. Accordingly, any imported material is normally stockpiled prior to being screened. However, to ensure that the height of any stockpile does not become too excessive, a condition can be imposed which will limit the height of any stockpile to 4m.

4. It is not considered that the proposed works have lead to the surface of the adjoining access lane being adversely affected. A recent visit to the site revealed that works have been undertaken, to ‘fill’ the potholes within the site with hardcore material.

The proposed works do not appear to have given rise to the obstruction of the access lane. There is no evidence to suggest that this will occur in the future.

Accordingly, as I consider that this application to be acceptable, I make the following recommendation.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The deposition works hereby approved shall be completed by the 3rd December 2009.

Reason - To ensure that the works are completed within a reasonable timescale in the interest of visual amenity.

2. No imported material to be used in conjunction with the works hereby approved shall be stored in stockpiles exceeding 4m in height.

Reason - In the interest of visual amenity

3. All vehicles associated with the works hereby approved shall leave the field of which the application site forms part in a clean condition and its wheels free from any mud, debris or other material.

Reason - In order to prevent the deposition of any mud, debris or other material onto the nearby public highway.

------

Application No. Date Determining Authority P/08/0430 29th October 2008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of six houses and Land At Ochor-Y-Mynydd Mr K O'Sullivan associated access road and (to The West Of 17 3 Chapel Square drainage works Winchfawr) Upper Abercanaid Heolgerrig Merthyr Tydfil Merthyr Tydfil CF48 1YW

APPLICATION SITE

The application site occupies an irregular shaped parcel of land fronting onto Winch Fawr Road between the settlements of Heolgerrig and Twyncarmel and measures approximately 1.21ha in area. It has a maximum depth of approximately 150m and a maximum length of approximately 135m. The eastern and part of the southern boundary of the site skirts the curtilages of adjoining dwellings.

Two large argricultural/stable buildings are currently situated within the centre of the site and an associated access track snakes through the site from the northern corner. The site slopes up in a north-east to south-west direction resulting in the highest part of the site being visible from many parts of the borough. Trees and hedges bound the site intermittently on all boundaries.

The northern sector of the application site (closest to Winch Fawr Road) is designated as derelict and unsightly land on the adopted Merthyr Tydfil Borough Local Plan.

PROPOSED DEVELOPMENT

Full planning consent is sought for the erection of 6 detached dwellings with associated roads and drainage.

The proposed development takes the form of four randomly sited two storey detached dwellings with living space in the roof, on the lower north-east section of the site, a single two storey detached dwelling in the south east corner and a large two storey detached dwelling with attached swimming pool annexe in the south west corner of the site.

The four dwellings closest to Winch Fawr Road (plots 1,2,5 and 6) are all of similar design, with a single central gable feature to the front and three pitched roof dormer windows to the rear. They benefit from single storey sunrooms with balconies above to the rear and a balcony above the front porch. Two of these dwellings have attached garages, with the other two benefiting from detached garages within their curtilage. The footprint of the dwellings measure approximately 13.8m long and 12.8m deep. They are 10m high.

Plot 4, which is sited in the south-east corner, is a complex mix of mock tudor and baroque design featuring an integral garage and measures approximately 21m long, 13m deep and 8.5m high.

Plot 3 which is sited in the south-west corner occupies a substantially larger footprint than the other five dwellings proposed measuring 52m long, 29m wide (maximum) and 11.5m high. It also includes a swimming pool annexe. The proposed dwelling is a pastiche of architectural styles and embellishments borrowing features from the Tudor, Baroque, Victorian and modern day periods.

Access to the application site is off Winch Fawr Road. The internal road serving the dwellings cuts through the first four dwellings before dividing and progressing up the mountainside to serve plots 3 and 4 separately.

PLANNING HISTORY

99/0386 – Change of use of cattle enclosure to stables (retention). Approved subject to conditions 11 th Feb 2000.

02/0062 – Erection of a new vehicular access. Approved with conditions 30 th April 2002.

PUBLICITY

Article 8(2) and 8(3) of the 1995 Town and Country Planning General Development (Procedure) Order requires that proposals of this nature should be publicised by means of either a site notice or letters to adjoining neighbours.

The following methods were employed in order to publicise this planning application:

R Two site notices were erected within the vicinity of the application site on 3 rd November 2009; R Dwellings adjoining the application site were notified of the proposal by letter.

Each of the above measures accurately described the proposals and the application site and invited representations within a 21 day period from the respective dates of publication.

As a result of this exercise, 4 letters of objection have been received, which highlight the following points:-

i) Winchfawr is a rural area. The proposed development will detract from this; ii) The infrastructure in the area (roads and drainage) does not have the capacity to accommodate the proposed development; iii) Upon purchasing the property we were under the impression that there would be no development to the west of Winch Fawr Road and that any new houses would have to be built on previous or existing plots; iv) Consider that given the amount of new houses being built in Merthyr Tydfil, the proposed development is unnecessary; v) A large former landfill tip of unknown provenance lays adjacent to the site; vi) A Site of Importance for Nature Conservation (SINC) adjoins the development site at Bryn y Gwyddell / Bryn y Badell; vii) The development site forms part of Merthyr Tydfil’s Landscape of Outstanding Historic Interest; viii) The proposed development is at odds with the Conservation and Management Priorities of the historic character area; there is no synergy between the style of the original buildings in Ochr-y-Mynydd and the mass and footprint of the anchor private dwelling unit and the other 4 dwellings; ix) The development proposals are inappropriate and incongruous. Their dominant effect on the adjoining area of limited built development will destroy the essential countryside setting and historic character of the area; x) The visual impact of the anchor dwelling set in a traditional field enclosure on the mountainside would be wholly detrimental when viewed from vantage points on the surrounding valley sides and more locally; xi) The main dwelling would be better placed on the footprint of the existing stables, being less environmentally damaging making use of a brownfield site; xii) The application site failed to meet the iterative scrutiny of Sustainability Appraisal of potential housing sites in the emerging LDP; xiii) The presence of Japanese Knotweed will require a detailed eradication programme; xiv) The smaller dwellings would be built on a former infill site. No survey has been conducted to ascertain the nature of dumped material which could be organic in nature.

CONSULTATION

The following consultees were consulted as part of the application process.

Head of Engineering – No objection, subject to conditions.

Head of Public Health – The land is considered to be potentially contaminated and a landfill site is situated to the west of the site. A contaminated land condition should be attached to any planning consent granted.

Countryside Officer (Town Planning Division) – The application site borders a SINC and lies within close proximity of a Great Crested Newt GCN (European Protected Species) Pond. He notes that the submitted GCN assessment recommends that “a detailed Development Licence application must be made to the Welsh Assembly Government (WAG) prior to works commencing on site”. Determination of whether or not to issue a licence is made by WAG following the completion of a questionnaire by the Local Planning Authority. The Countryside Officer considers that such a licence would not be issued by WAG in this instance, on the grounds that there is a lack of overriding economic, social or health & safety interests for this site to be developed for residential purposes, as well as the availability of “suitable alternative sites” in accordance with the requirements of the EC Habitat Regulations 1994. On this basis he recommends that planning consent for the proposed development is refused.

Environment Agency Wales – No objection. Standard advice given regarding discharge and the requirement to carry out a risk assessment due to the former landfill site that lies 15 metres from the application site.

South Wales Fire Service – Standard advice given.

Glamorgan Gwent Archaeological Trust – Commented that “ The application site is within a Registered Landscape of Outstanding Historic Importance and is situated within Historic Landscape Classification Area (HLCA) 065 Ochr y Mynydd, Winch Fawr which is a small area identified as being a small isolated industrial settlement with associated enclosures established by the 1820’s. The settlement comprises a dense scatter of cottages and later isolated rows forming a typical “squatter” type settlement.

Though the concept of new dwellings in this area is in keeping with the nature of the historic landscape (i.e. scattered domestic structures), the current proposed dwelling is of relatively large scale in relation to the smaller scale developments in the surrounding area. Consequently your Members will need to carefully consider whether granting consent to the current application will have an unacceptable impact on the historic landscape and if the precedent caused could lead to piecemeal development of the landscape”.

Countryside Council for Wales – Acknowledge receipt of the great crested newt (GCN) habitat assessment and bat survey requested, as well as the mitigation and method statement. Note that the application site is within 120m of a known GCN breeding pond to the west/south-west and 500m from known populations of GCN to the north-east and west. Request that the recommendations and mitigation commitments outlined in the survey and report should be attached as conditions to any planning consent granted, and that planning drawings detailing the mitigation are submitted as well as proposals for post development monitoring. CCW consider that this will ensure “there will be no detriment to the favourable conservation status of great crested newts at the above site. On the understanding that our concerns with respect to the above are addressed through planning conditions, CCW has no objection to this application”.

Any trees targeted for felling should be properly assessed for the presence of roosting bats.

Welsh Water – No comment as the applicant intends utilizing private drainage facilities.

Western Power Distribution – No objection

Wales & West Utilities – Advise that they have no apparatus in the area of this application. However gas pipes owned by others may be present in this area.

POLICY CONTEXT

The following policies and documents are considered relevant to and have informed the recommendation at the end of this report.

National Planning Policy

Planning Policy Wales

National Planning Policy for Wales, as set out by the Welsh Assembly Government, is contained in Planning Policy Wales (PPW).

The purpose of Planning Policy Wales is to set the context for sustainable land use planning policy, within which Local Authorities prepare their development plans and take decisions on individual planning applications.

The following extracts are relevant to the consideration of this application:-

Chapter 2 – “Planning for Sustainability”

Para 2.2.1 Sustainable development principles – respect for environmental limits, so that resources are not irrecoverably depleted or the environment irreversibly damaged…for example contributing to climate protection, protecting and enhancing biodiversity, and promoting sustainable use of natural resources.

Chapter 5 – “Conserving and Improving Natural Heritage”

Para 5.1.2 The Assembly Government’s objectives for the conservation and improvement of the natural heritage are to ….promote the conservation of landscape and biodiversity, in particular the conservation of native wildlife and habitats … and to safeguard protected species.”

Para 5.5.1 Biodiversity and landscape considerations must be taken into account in determining individual applications… The effect of a development proposal on the wildlife or landscape of any area can be a material consideration.

Para 5.5.2 When considering any development proposal local planning authorities should consider environmental impact, so as to avoid, wherever possible, adverse effects on the environment. Where other material considerations outweigh the potential adverse environmental effects, authorities should seek to minimise those effects and should, where possible, retain and where practicable, enhance features of conservation importance.

Para 5.5.11 The presence of a species protected under European or UK legislation is a material consideration when a local planning authority is considering a development proposal which, if carried out, would be likely to result in disturbance or harm to the species or its habitat.

Para 5.5.12 New developments for which development works would contravene the protection afforded to European protected species require derogations from the provisions of the Habitats Directive.

Chapter 8 – “Transport”

Para 8.7.1 - Identifies criteria local planning authorities should take into account when determining a planning application which has transport implications.

Chapter 12 – “Infrastructure and Services”

Para 12.4.1 The adequacy of water supply and the sewage infrastructure are material in considering planning applications and appeals. Even where there is theoretical capacity, timely investment in infrastructure is required to ensure that new development does not adversely affect water supplies or water quality. These issues require early identification when locating future development. Local Planning Authorities should therefore encourage the use of sites where existing water supply and/or drainage provision problems can be solved and seek to avoid the use of sites where adequate water supply and/or drainage provision is unlikely to be achieved.

Chapter 13 – “Minimising and Managing Environmental Risks and Pollution”

Para 13.5.1 The planning system should guide development to lessen the risk from natural or human-made hazards, including risk from land instability and land contamination. The aim is not to prevent the development of such land, though in some cases that may be the appropriate response. Rather it is to ensure that development is suitable and that the physical constraints on the land are taken into account at all stages of the planning process. However, responsibility for determining the extent and effects of instability or other risk remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners.

Para 13.9.1 Planning decisions need to take into account:

• The potential hazard that instability could create to the development itself, its occupants and the local environment; and • Results of a specialist investigation and assessment by the developer to determine the stability of the ground and to identify any remedial measures required to deal with any instability.

Ministerial Interim Planning Policy Statement (MIPPS) 01/2008 – Planning for good design

This MIPPS provides a revised section 2.9 of Planning Policy Wales.

Para 2.9.1 Design is taken to mean the relationship between all elements of the natural and built development. To create sustainable development, design must go beyond aesthetics and include social, environmental and economic aspects of the development, including its construction, operation and management, and its relationship to its surroundings.

Para 2.9.2 Meeting the objectives of good design should be the aim of all those involved in the development process and applied to all development proposals.

Para 2.9.3 Good design is also inclusive design.

Para 2.9.8 The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local Planning Authorities should reject poor building and contextual designs.

Para 2.9.9 In areas recognized for their landscape value, it can be appropriate to seek to promote or reinforce traditional and local distinctiveness. In those areas the impact of development on the existing character, the scale and siting of new development, and the use of appropriate building materials will be particularly important.

Para 2.9.10 LPA’s and developers should consider the issue of accessibility for all.

Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 – Housing

The housing Chapter (9) of Planning Policy Wales was comprehensively overhauled in June 2006 with the introduction of this document. Therefore the MIPPS supersedes and completely replaces chapter 9 of PPW in its entirety. The following sections are relevant to consideration of the current planning application:

Para 9.1.1 The Assembly Government will seek to ensure that:

• Previously developed land is used in preference to Greenfield sites; • The overall result of new housing development in villages, towns or edge of settlement is a mix of affordable and market housing that retains and, where practical, enhances important landscape and wildlife features in the development.

Para 9.3.1 New housing developments should be well integrated with and connected to the existing pattern of settlements.

Para 9.3.3 Insensitive infilling or the cumulative effects of development…. Should not be allowed to damage an area’s character and amenity

Para 9.3.4 In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity.

Para 9.3.5 Where development plan policies make clear that an element of affordable housing, or other developer contributions, are required on specific sites, this will be a material consideration in determining relevant applications.

Planning Policy Wales is supplemented by a series of Technical Advice Notes (TAN’s), the relevant ones are referred to below:

• sets out the key principles of planning for nature conservation;

• provides advice about the preparation and review of development plans, including the relevant statutory requirements; • addresses nature conservation in development control procedures;

• deals with the conservation of internationally and nationally designated sites and habitats and also covers local sites; and

• deals with the conservation of protected and priority species.

TAN12: Design 2002 – The Welsh Assembly Government is committed to achieving good design in all development at every scale throughout Wales. This Technical Advice Note gives more detailed advice on how this may be facilitated within the planning system.

TAN 15: Development and Flood Risk (July 2004) – This document came into force in 2004. It provides specific guidance with regards to flooding and flood risk in respect of new development, and sets out a precautionary framework to guide planning decisions.

TAN18: Transport 2007 – This TAN acknowledges the key role which the integration of land use planning and the development of transport infrastructure has in addressing the environmental aspects of sustainable development.

Circulars 23/01 - New Guidance for Local Planning Authorities on European Protected Species and changes in Licensing Procedures 35/95 - The Use of Conditions in Planning Permissions 10/99 – Planning Requirements in respect of the use of non/mains sewerage incorporating septic tanks in new development.

The Register of Landscapes (January 1998)

This comprises a series of publications produced between January 1998 and February 2001, by CCW, CADW and ICOMOS (The International Council on Monuments and Sites). It covers the following:-

Part 1.0 – Historic Parks and Gardens in Wales Part 2.1 – Landscapes of Outstanding Historic Interest in Wales Part 2.2 – Landscapes of Special Historic Interest in Wales

The Register is widely used to raise awareness of the historic significance and importance of the Welsh environment, allowing consideration of the historic landscape to be given equal weight alongside the more traditional and long established issues of nature conservation, wildlife protection and scenic amenities. Planning authorities are required to take information on the Register into account in preparing development plans and in considering the implications of developments which are of such a scale that they have a more than local impact of an area on the Register.

The Register recognises that landscapes are dynamic, living systems fashioned to meet current needs and that what exists today is largely a created landscape, produced through the endeavours of many individuals over many generations, from the agricultural landscapes of the prehistoric period to the industrial landscapes of the 19 th and 20 th centuries. The Register is not intended to fossilize landscapes, reconstruct the past nor curtail change. Rather, a balance is needed between the protection of the essential historic character of the landscape and its continuing evolution in response to modern needs. The challenge is to manage change while protecting the legacy of the past.

LANDMAP – Landscape Assessment (August 2002)

LANDMAP is the process of gathering, understanding and interpreting information about the landscape. The methodology has been developed by the Countryside Council for Wales (CCW) in conjunction with the Wales Landscape Partnership Group.

The methodology allows for the various characteristics of the landscape to be brought together into a single assessment in order to inform policy and decision making to a greater degree.

Local Planning Policy

The existing development plan framework in Merthyr Tydfil is provided by:-

• The adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991-2006

• The adopted Merthyr Tydfil Borough Local Plan 1994 – 2006

• The Merthyr Tydfil Local Development Plan (Deposit Version) 2006-2021.

The following policies are considered relevant and have informed the assessment and recommendation set out below:

The Adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 – 2006

Notwithstanding the date contained within its title, this statutory document will retain its “adopted” development plan status until superseded by Council’s Local Development Plan (LDP) as and when that plan is adopted. Currently, it is anticipated the Welsh Assembly Government Inspector’s LDP examination will take place in November 2009, with the aim of adoption of the plan by July 2010.

The adopted Structure Plan sets out the strategic planning context for the Borough. The following policies apply:-

D1 – Derelict Land H3 – Residential development on sites within settlement areas H4 – Housing proposals EV4 – Development in areas of high landscape value EV5 – Developments affecting sites recognised as important for nature conservation.

The Adopted Merthyr Tydfil Borough Local Plan 1994 - 2006

As with the adopted Structure Plan, notwithstanding the relevant date indicated in the plan title above, this “adopted” statutory development plan will remain extant until the Council’s LDP has been adopted.

In respect of this plan the site lies within the settlement boundary, where the following policies apply:-

Policy NH7 – Water Environment Policy GR1 – Derelict and Unsightly Land Policy GR2 – Reclamation programme Policy RU4 – Water Services Policy RU5 – Sewerage, sewage treatment and land drainage Policy WR2 – Contaminated Land Policy H2 – Unallocated and windfall sites within settlement limits

The Deposit Merthyr Tydfil Local Development Plan 2006 -2021

In respect of this plan the settlement boundary runs through the application site, with the majority lying outside the settlement boundary and the remainder lying within. The following policies therefore apply:-

Policy BW5 – Landscape and biodiversity Policy BW6 – Townscape and built heritage Policy BW7 – Sustainable design and place making Policy BW8 – Development and the water environment Policy AS4 – Historic Landscape Policy AS6 – Local nature conservation designations Policy TB1 – Development outside settlement boundaries Policy TB2 – Unallocated sites within settlement boundaries Policy TB11 – Access, parking and accessibility of local facilities

PLANNING CONSIDERATIONS

Section 54A of the Town and Country Planning Act 1990 amended by Section 38 (6) of the Planning and Compulsory Purchase Act 2004. This principal legislation requires the determining authority to have regard to the development plan in force and to make its determination on planning applications in accordance with policies of that plan unless material considerations indicate otherwise.

Assessed against the adopted development plan, the site lies within the settlement boundary and primarily consists of unallocated land. A strip of land adjacent to Winch Fawr Road also forms part of the Bryn-y-Badell derelict land site.

Assessed against the Deposit Merthyr Tydfil Local Development Plan (2006 – 2021), the settlement boundary cuts through the site, dividing it into three distinct parcels of land. The largest parcel of land lies outside the settlement boundary and two smaller parcels of land to the north east and south east respectively lie within settlement limits. The site carries no specific land allocation.

The principal considerations in the determination of this application are visual amenity; residential amenity; highway and drainage infrastructure and its effect on nature conservation.

Infrastructure

The Head of Engineering initially raised concerns regarding the proposed highway safety and drainage arrangements proposed for the application site. Further information was submitted which alleviated these concerns. The Head of Engineering has however requested that the developer contacts the Engineering Division regarding the new access, drainage and utilities apparatus encountered, but having considered the submitted information, and following discussions with the applicant’s drainage engineer, has raised no objection to the proposals.

Nature conservation

The nature conservation interests of the site have been assessed in detail by both this Authority’s Countryside Officer and the Countryside Council for Wales. Of greatest concern to both is the proximity of the application site to a known great crested newt (GCN) breeding pond to the west/ south-west and GCN populations to the north-east and west. CCW are satisfied that subject to the imposition of conditions to ensure the commitments and recommendations in the submitted surveys and mitigation and method statement are implemented, there will be no detriment to the favourable conservation status of GCN’s on site. They do however acknowledge the opinion of the Authority’s Countryside Officer that a derogation licence will be required from WAG before any works commence:-

“Where European protected species are present, a development may only proceed, under a licence issued by the Welsh Assembly Government (WAG) who are the appropriate authority responsible for issuing licences under Section 44 of the Conservation (Natural Habitats, &c) Regulations 1994. This licence can only be issued on the condition that:

• There is “no satisfactory alternative”; • It has been submitted for the purposes of preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature, and beneficial consequences of primary importance for the environment; and • The development will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range”.

Paragraph 5.5.12 of PPW states that Local Planning Authorities are under a duty to have regard to the requirements of the Habitats Directive in exercising their functions. To avoid developments with planning permission subsequently not being granted a derogation in relation to European protected species, planning authorities should take the three requirements for a derogation into account when considering development proposals where a European species is present.

The following comments are therefore made in relation to the three tests applied to this site.

• There is a satisfactory alternative to this particular site being developed for residential purposes. There are other areas of land within the vicinity of the application site which could be developed for residential purposes without adversely affecting protected species. In essence it is not considered fundamental that the site is developed, for residential purposes. • The planning application has not been submitted in the interests of public health and safety. Neither is it considered that the proposal has been made for other imperative reasons of overriding public interest. Whilst it is considered that if allowed the proposal would provide a small scale residential development which would be to the financial advantage of the applicant, this is not considered to represent an imperative reason of overriding public interest. • CCW are satisfied that there will be no detriment to the favourable conservation status of GCN’s at the above site providing the commitments in the mitigation and method statement are implemented.

Accordingly, the proposal fails to satisfy all three tests, and should be refused on this basis.

With regard to bats, the surveys conducted revealed no evidence of bat use within the buildings currently on site, and they were assessed to be of unlikely value to roosting bats. It is however recommended that any trees to be felled in order to facilitate the development are to be properly assessed for the presence of roosting bats in accordance with the recommendations of the survey.

Residential amenity

Whilst the application site is bound by the curtilage of two adjoining dwellings, they are at a considerable distance away at 42m and 47m, and it is not therefore considered that the proposed development would adversely affect the level of residential amenity currently enjoyed to an unacceptable degree.

Visual amenity

Whilst the application is for six dwellings, the four dwellings at plots 1,2,5 & 6, closest to Winch Fawr Road have no relationship in terms of design or siting with the dwellings at plots 3 and 4 which sit further up the hillside. Considered as a development on their own, the principle and house type design of plots 1,2,5 & 6 is acceptable in this location; however the random siting of the dwellings and their respective garages is considered unacceptable.

The proposed dwelling at plot 3 is unacceptable in terms of its scale, siting, design and excessive footprint. At 52m / 170 feet long it is of a linear design sitting on the higher part of the site, commanding wide views of the Borough. Similarly, given this siting and the size of the proposed dwelling it will be easily identifiable from numerous viewpoints throughout the Borough and across the valley. It fails to respect the scale of neighbouring buildings.

Running in an east to west direction, the dwelling, whilst proposed as one unit, is disjointed, with no unifying architectural theme or decipherable architectural vocabulary. The main living accommodation split over two floors is a complex mix of projections, pitched and hipped roofs, circular towers and helms, mock tudor cladding, a 10m high chimney stack, balcony, an oriel window and lantern roof garden room to name but a few of the architectural embellishments used. Attached to this is a single storey lobby with projecting pitched roof porch which connects to the “wing” of the dwelling accommodating a swimming pool at ground floor and gym above under a steep pitched roof. This wing also features a projecting flat roof entrance porch with balcony above a projecting circular tower and pitched roof garage. In terms of style, this part of the dwelling is largely simple and symmetrical, with clean lines and steeply pitched roofs, and features dressed stone.

As a reference, the proposed 20m by 10m swimming pool is bigger than the swimming pool at the JJB gym on Cyfarthfa retail park, which serves to emphasise the size of the dwelling. There is a total lack of symbiosis between the main house and swimming pool, and there is a distinct clash in the proposed materials i.e. mock timber cladding adjoining dressed stone.

Whilst plot 4 shares some of its design detail with that of the dwelling proposed on plot 3, it fails to respect the character and appearance of the area, and bears no relationship to any other architectural style found locally. Its siting in relation to the rest of the development is also questionable, and the necessity of the protracted access road and its resulting effect in visual terms on the hillside is of concern. The application contains no details of landscaping proposed for the site.

The effect of the design of the proposed dwellings and the layout of the site on the character and appearance of the locality, and the views gained from the wider area is cumulatively considered unacceptable. The proposals demonstrate little if any appreciation of the appearance of the housing characteristics of Merthyr Tydfil, and fail to sit happily within the pattern of existing development around it. As a result, it is considered that it would be detrimental to the visual appearance of the area and disrespectful to the Historic Landscape within which it sits.

It should be noted that the application was submitted without having engaged in any pre- application meetings with officers of the Town Planning Division. Had pre-application discussions taken place the issues of concern would have been highlighted and a more appropriate scheme suggested. Notwithstanding this, following receipt of the application the case officer immediately advised the applicant of her concerns and met with the applicant three times in order to discuss these. In addition to that the case officer also met with the applicants “architect” to discuss the significant amendments to the submitted scheme that would be required in order to progress to an acceptable form of development. Whilst very minor alterations were made to the design of plot 3, the applicant declined the opportunity to reduce and amend the scheme in accordance with the advice given, and instead requested that the application be determined in its current form.

Response to points of objection

i) It is accepted that Winchfawr is rural in character, with low density development scattered throughout. It is agreed that the proposed development will detract from this character by virtue of its size and siting. ii) The Head of Engineering has raised no objection to the proposals in terms of infrastructure, and it is therefore considered that the local highway network and drainage system has the capacity to serve the proposed development. iii) The objector’s assumption regarding development west of Winch Fawr Road is incorrect. The settlement boundary lies beyond the west of Winch Fawr Road, and as such the principle of residential development in this area is acceptable. iv) The emerging Local Development Plan has designated a specific amount of sites for residential development in order to meet the requirements for housing in the Borough for the life of the plan. This application site is not one of those allocated sites, which suggests that it is not fundamental for this site to be developed for residential purposes. v, vi and vii) These are factual statements which are correct. viii) The proposed development is considered to be at odds with the historic character of the area, and it is agreed that there is no synergy between the original buildings in this location and the mass and footprint of the proposal. ix and x) The comments regarding the visual impact of the proposal are concurred with. xi) Whilst siting the dwellings on the footprint of the existing stables would make use of a brownfield site, it is considered that there are other aspects of the development that would still be unacceptable. xii and xiii) These are factually correct statements. xiv) The Authority’s Head of Public Protection has requested that a contaminated land condition be attached to any consent granted.

It is concluded that whilst no objection is raised to the proposed development in terms of highway safety, drainage or residential amenity, it is considered that its incongruous dominance would have a harmful effect on the character and appearance of the area, and would set a dangerous precedent for further inappropriate development in this location. The proposals also fail to meet the tests within the Conservation (Natural Habitats, &c) Regulations 1994. In view of this the following recommendation is made:

RECOMMENDATION : BE REFUSED for the following reasons:

1. The proposed development, by virtue of its inappropriate and incongruous design fails to accord with the principles of MIPPS 01/2008: Good Design, MIPPS 01/2006: Housing and TAN 12: Design and is contrary to Policies H2 and H4 of the Merthyr Tydfil Borough Local Plan, Policies H3 and H4 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan and Policies BW7 and TB2 of the Deposit Merthyr Tydfil Local Development Plan.

2. The proposed development, by virtue of its insensitive siting and dominant design in a highly visible location, results in a harmful effect on the character and appearance of the Historic Landscape Classification Area within which it sits, contrary to Policies H3, H4 and EV4 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan, Policy H2 of the Merthyr Tydfil Borough Local Plan and Policy AS4 of the Deposit Merthyr Tydfil Local Development Plan.

3. The proposed development, by reason of its close proximity to known populations of great crested newts and a breeding pond (a species protected under the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats, & c) Regulations 1994) does not meet the relevant tests contained within the Conservation (Natural Habitats, & c) Regulations 1994.

------

Application No. Date Determining Authority P/09/0008 19th January 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of front and rear dormer 6 Ty Llwyd Parc Mr & Mrs Parker windows and erection of single Quakers Yard c/o Mr D Williams storey rear porch Treharris 123 Trealaw Road CF46 5LA Tonypandy Rhondda

APPLICATION SITE

The application relates to a semi detached bungalow, bounded to the west by the main road serving the site and to the south, north and east by adjoining residential properties. The profile of the site is such that it is generally flat.

PROPOSED DEVELOPMENT

Full planning consent is sought for the erection of two dormer windows to the front roof plane, a rear dormer window that spans the majority of the rear roof plane and the erection of a single storey rear porch.

The two front dormer windows are both identical in design and size and will measure 1.8m wide, 3m deep and 2m high with a pitched roof and an overall height of 5m from ground level.

The rear dormer window will measure 6.5m wide, 3.15m deep and 2.2m high with a flat roof and an overall height of 5m from ground level.

The ridge level of both the front and rear dormers will be set some 0.2m below the ridge of the host dwelling.

The rear porch will measure 3.8m wide, 2.1m deep and 3.6m high with a ridged roof.

PLANNING HISTORY

The relevant planning history is detailed below:

P/08/0404 Erection of front and rear dormer windows and erection of single storey rear porch.

REFUSED planning consent on 10.12.2008 for the following reason:

“The proposed dormer windows, by reason of their inappropriate poor design and excessive size, would result in the introduction of a pair of discordant features to the host dwelling, which would unbalance this pair of semi-detached bungalows and detract from the character and general appearance of the host building and the visual amenities of the area in general.”

CONSULTATION

The following bodies were consulted and their responses are presented below:

Head of Engineering - No objection

Welsh Water - No response

PUBLICITY

In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent to the adjoining dwellings.

Two letters of objection were received following this publicity exercise from neighbouring occupiers raising the following concerns:

1. Loss of privacy as the rear extensions would look into the bedrooms and living room of the objectors’ dwellings.

2. Overlooking into the rear gardens of the objectors’ dwellings which would impinge on their privacy

3. The proposed scheme would result in a loss of light to the bedroom and living room of the objector’s dwelling

4. The scheme would be an eyesore

5. It would result in the devaluation of the objectors’ property

These are considered below:

POLICY CONTEXT

There are no relevant policies within the Council’s adopted Structure Plan nor Local Plan pertaining to this type of development. Therefore the application should be determined on its individual merit.

PLANNING CONSIDERATIONS

Design

The front dormer windows have been designed to take account of the scale and proportions of the host building without creating over dominant or discordant features. It is noted that the majority of properties within the vicinity that are of a similar style to the application site do not have dormer features. However there are a number of properties in the locality that do incorporate front dormer windows. As such it is considered that the introduction of front dormer windows would not wholly be an alien feature.

It is considered that the proposed front dormer windows are of an acceptable design and would not have a detrimental impact on the character of the host building or the visual amenity of the area in general.

The dormer window proposed in the rear roof plane is of a different design from those proposed to the front, being that it is a single dormer that spans the majority of the width of the property. Whilst it is considered to not be of the most appropriate design and would constitute a dominant feature to the rear roof plane, it is noted that a number of similar rear dormers have been erected in the vicinity. The rear dormer will not be readily visible from the main highway and thus its impact on the general character and visual amenity will be minimal.

The proposed rear porch is therefore considered to be of an acceptable design and will not adversely impact on the character of the host dwelling.

Amenities

It is considered that the proposed front and rear dormer windows would not result in unacceptable levels of overlooking into adjoining properties. It is noted that the proposed dormer windows would be approximately 21m away from any other nearby windows.

The rear garden of the application site is approximately 7.5m long and the rear dormer window will look onto it. Whilst it is acknowledged that the rear dormer window will offer some views onto the rear garden areas of the properties located to the rear of the site, it is considered that the levels of overlooking that would occur (given the length of dwelling’s rear garden) do not warrant the refusal of the application. It is also considered that the front dormer windows will not adversely impinge on the privacy of local residents.

Given the distances away from neighbouring properties it is consider that the front and rear dormers will not have an overbearing or overshadowing impact on neighbouring occupiers.

The rear garden is reasonably well enclosed by a fence and wall on all sides and the proposed rear porch will only be single storey and will not provide a habitable room. As such it is considered that the proposed porch will not adversely impinge on the amenities of neighbouring occupiers.

Planning History

It is noted that a previous application for a similar proposal was refused due to the front and rear dormer windows being of an inappropriate design and size. This application has addressed the previous concerns and both the front and rear dormer windows have been reduced in size to overcome the previous reason for refusal.

Representations

As a result of the publicity exercise two letters of objection were received and the following considerations are made:

1 – 2 With reference to the ‘amenities’ section of this report, it is considered that the proposed development would not result in an unacceptable level of over looking into neighbouring habitable rooms or rear garden areas.

3. Neighbouring properties are approximately 21m away from the application site and the rear porch only projects out 1.8m from the rear elevation of the host building. As such it is consider unlikely that the proposed development will result in an unacceptable level of overshadowing, that might otherwise reduce the level of light neighbouring properties can reasonably expect to enjoy.

4. Particular consideration has been made to the impact of the front dormer windows on the character and visual amenity of the area due to its prominent nature within the streetscene. Given that there are a number of small dormer windows present within the vicinity it is considered that the proposed front dormer windows are of an acceptable design and would not be wholly out of character. The rear porch and rear dormer windows are also considered acceptable in design/visual terms.

5. The potential de-valuation of neighbouring properties as a result of the proposed development is not a material planning consideration.

On balance it is considered that the proposed development is acceptable in planning terms and the following recommendation is made to Committee:

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The development hereby approved shall NOT be carried out other than in accordance with the AMENDED PLANS dated 3rd June 2009.

Reason - To ensure compliance with the approved plans and clearly define the scope of this permission.

2. BEFORE construction works commence details/samples of all external finishes shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.

Reason - In the interest of visual amenity.

------

Application No. Date Determining Authority P/09/0022 26th January 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Refurbishment of bridge and Rhydycar Canal Bridge Merthyr Tydfil County excavation works to expose Rhydycar Borough Council buried canal profile Merthyr Tydfil c/o Merthyr Tydfil County Borough Council Engineering Division Ty Keir Hardie Riverside Court Avenue De Clichy

On 8 th April 2009 Committee resolved to approve this Planning Permission for the refurbishment of Rhydycar Canal Bridge. Subsequently, Listed Building Consent Application Number P/09/0023 for these works was also approved. Under the Planning (Listed Buildings and Conservation Areas) Regulations 1990, it is a requirement for Listed Building Consent applications by Local Authorities to be determined by the Secretary of State:

Regulation 13 states:

“Where a local planning authority require listed building consent for the demolition, alteration or extension of a listed building in their area or conservation area consent for the demolition of a building within a conservation area in their area, the authority shall, subject to paragraph (7), make application to the Secretary of State for that consent”.

As a result of this determination by the Secretary of State, conditions proposed to be attached to the original Listed Building Consent (P/09/0023), as approved by Committee, have been altered by direction of the Welsh Assembly Government. Subsequently, conditions approved by this committee in support of planning permission P/09/0022 have been altered in accordance with this. These shall now read as follows:

1. Details of the replacement stonework and finishes to external elevations shall be submitted to and approved in writing by the Local Planning Authority BEFORE development commences on the site, and all subsequent works carried out shall be in full accordance with such approved details. Such details shall take into account the following requirements:

(i) The mortar for the repair of the stonework shall be based on either a lime putty or a natural hydraulic lime with no added cement.

(ii) The sand used shall be a coarse washed sand with a broad range of particle sizes.

(iii) The style of re-pointing shall be bought flush with the face of the stonework but not stand proud or form any ribbon pointing detail.

Reason - In the interests of visual amenity.

2. No development shall take place until the applicant, or their agents or successors in title, 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 in writing by the Local Planning Authority.

Reason - To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

3. The railings shall be formed using traditional blacksmithing techniques, using slim solid uprights and a slightly curved-topped flat-bar handrail, rather than modern steel fabrication methods; drawings of the design of the railings, and other details, shall be submitted to Cadw for approval and the railings shall be constructed in accordance with that approval.

Reason - In the interests of visual amenity.

COMMITTEE’S DECISION IS REQUIRED

A copy of the original report to Committee is reproduced below for Committee’s convenience:

APPLICATION SITE

The application relates to the Grade II Rhydycar Canal Bridge. The structure is located near the Town Centre to the south of Merthyr College and crossing the line of the former Glamorganshire Canal, east of Ynysfach Housing Estate. The bridge was built around the 1790s and was financed by the local Iron industry, of which the Crawshay family were leading shareholders.

The canal bridge is built of coursed rubble sandstone, crossing a deep cutting. The elliptical arch in the centre reaches a height of approximately 6.7metres and has a span of 5.5metres. The smaller eastern arch of the bridge has a span of approximately 0.9metres and is likely to be a later alteration during the 19 th Century. The bridge is a rare example of one of the early bridges on this important canal and is listed as such.

PROPOSED DEVELOPMENT

Full planning consent is sought to refurbish the bridge and to conduct excavation works to expose the buried canal profile.

The refurbishment of the bridge will include the replacement of chainlink fencing along the footpath of the bridge with a new parapet consisting of vertical infill bars. These are to be finished in black. The footpath is also proposed to be widened from 1.8 metres to 2.5 metres with a stone dust surfacing. Loose and missing stonework on the bridge wingwalls and spandrels is to be rebuilt and repointed while the underside of the central arch barrel is to be raked and repointed. A number of large cracks are proposed to be filled in. The repairs are to be carried out in accordance with Cadw’s notes on Repair and Preservation of Masonry.

Vegetation is also proposed to be removed from in and around the bridge structure and a 50m 3 area is to be excavated in order to reveal the original canal and towpath under the bridge structure.

PLANNING HISTORY

There is no relevant planning history that needs to be considered in determining this application.

CONSULTATIONS

The following groups and organisations were consulted as part of the application process and their comments are listed below:

Head of Engineering: No objection to the proposals, however the diversion or temporary stopping of a footpath requires authorisation from the Council Highways Division.

Public Protection: No Response

The Environment Agency: No Response

Wales and West Utilities: There are no apparatus in the area of enquiry; however safe digging practices must be used to verify the position of mains, pipes or services under the ownership of other utilities companies.

Welsh Water: The site is crossed by a trunk/distribution water main. Access to this apparatus must be maintained at all times.

PUBLICITY AND THIRD PARTY RESPONSES

The application was advertised by means of a site notice, which was displayed within the vicinity of the site on 6 th February 2009. No objections were received in response to this publicity.

POLICY CONTEXT

The policies listed below are relevant to the determination of this application:

Planning Policy Wales (2002)

Section 6.5 recognises the importance of protecting the historic environment. Paragraph 6.5.7 states that development proposals must preserve the character, appearance and setting of listed structures.

Welsh Office Circular 61/96 “Planning the Historic Environment”

Part 1 Para 11 requires local planning authorities considering applications for works which affects listed buildings to have regard to its character and setting.

Mid-Glamorgan (Merthyr Tydfil County Borough Council) Replacement Structure Plan (1991- 2006)

Policy EV10 reiterates national policy stating that development of features of the built and historic environment will not be permitted where it is likely to damage the existing character of structures designated as being of special architectural or historic interest. This includes Listed Buildings.

Merthyr Tydfil Borough Local Plan (1991-2006)

Policy BH4 of the adopted plan states that development proposals affecting listed buildings will be permitted where shown that proposals will not destroy or adversely affect the character, appearance or setting of the building.

Local Development Plan (2006-2021)

Though at the deposit stage, it is considered that the Local Development Plan for Merthyr Tydfil is a material planning consideration that must be taken into account. Policy BW6 states that proposals must not have an unacceptable impact on the setting of any Listed Building or Structure.

PLANNING CONSIDERATIONS

Visual Amenity

The proposals involve the restoration of the bridge including the replacement and repointing of loose and missing stonework and the filling of a large vertical crack. The materials used for replacing stonework on a Listed Structure should be on a like for like basis, therefore there should be minimal impact on the visual amenity of the bridge. In addition, no new building will be erected as a result of the proposals, further minimising visual impact.

It is also proposed to excavate an area of 50m3 below the bridge to reveal the original canal profile and to repair and reinstate the canal walls. These works will improve the visual amenity of Rhydycar Canal Bridge and return it to its traditional historic setting of the canal basin. In addition, no objections have been received from local residents or third parties with regards to the proposals.

Transportation and Safety Considerations

It is considered that the bridge is acceptable to the residential amenity of local residents and it provides a useful means of access onto the Taff Trail. The refurbishment of the bridge will improve access between the two areas. This will firstly be through improvements to the footpath, resulting in its widening to 2.5 metres.

In addition, it is proposed to improve the current parapet of the bridge from chainlink fencing to vertical infill bars, galvanised and finished in black. This will improve the safety of the parapet in using materials which are more durable.

Structural Integrity

The restoration works are likely to improve the condition of the bridge as well as its structural integrity. Although the bridge has stood for over 200 years, there are signs of deterioration such as a large vertical crack and the loss of stonework. The proposals will seek to ameliorate this and thus improve the stability of the bridge.

In addition, it is also proposed to remove vegetation from in and around the bridge structure. The amount of growth surrounding the bridge is likely to give rise to structural damage, and its quantity affects the setting and prominence of the structure. Therefore, the clearance of vegetation will provide an improved setting of the Rhydycar Bridge while securing it from further structural deterioration.

CONCLUSION

It is considered that the restoration work to the bridge will have no detrimental impact on the visual amenities of the area. In addition, the works will involve the improvement of access to the Taff Trail with a footpath widening and the enhancement of the fencing in terms of safety while the structural integrity of the bridge will be maintained and improved.

In considering the above and in the absence of any objections, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

Reason – In the interests of visual amenity.

Reason – To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

INFORMATIVES

1. A water main under the ownership of Welsh Water may be at risk during construction works. The promoter of the works is required to contact Welsh Water directly to discuss their requirements in detail.

2. There is a public/statutory footpath (No. 101/6) crossing the site. Any diversion or stopping up of the footpath requires authorisation. The developer is advised to contact Merthyr Tydfil County Borough Council Highways Division for advice.

------

Application No. Date Determining Authority P/09/0030 2nd February 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of 19 detached Land To The Rear (west) Mr B Hughes dwellings Of Old Oak Bungalow 4 Woodland Drive And Nos 105 To 113 Aberfan Bryntaf Merthyr Tydfil Aberfan CF48 4PX Merthyr Tydfil

The 6 th May 2009 Committee resolved not to accept the Officer’s recommendation to refuse this planning application, but instead to hold a Fact Finding Site Visit. This Fact Finding Visit took place on the 15 th June 2009, the minutes of which appear at the end of the report.

Committee will be aware that, at the fact finding visit concerns were raised regarding the access road serving the proposed development, especially its steep gradient. It was therefore requested that the applicant submit further information in order to prove that the access road could be achieved to an acceptable standard. The Head of Engineering has considered this additional information and commented that an access road of a suitable gradient could be achieved, although excessive costs would be incurred in constructing the proposed access road due to the topography of the site. He maintains that no objection is raised to the proposal in highway safety or engineering terms.

Committee should be aware that the “Publicity” section of my original report omitted the fact that as well as a press and site notices, adjoining neighbours were notified of the application by letter.

During the time that has elapsed since the application was first presented to Committee, a petition of objection signed by 22 residents of Aberfan has been received as well as an objection letter on behalf of the Trustees and Members of the Aberfan and Merthyr Vale Cemetery raising the following points:

- Concerned that allowing this development will infringe on the tranquillity of the cemetery; - Estimate that the garden of the proposed house at No 18 would be about 20 metres from the cemetery wall and 100 metres to the monumental arches. They consider that distance to be unacceptably close; - They believe views can be exchanged between the cemetery and the application site; - Original graves and arches have been replaced in recent years, the objectors are fearful that construction works including piling could harm these.

The applicant subsequently submitted two rebuttal letters, one of which included a petition supporting the proposed development on the grounds that it would benefit the village, improve access to the cemetery and will not have an unacceptable impact on Aberfan Cemetery.

Committee will also be aware that a report was presented to Full Council on Wednesday 22 nd July 2009, recommending that the minor extension to the settlement boundary at Bryntaf, Aberfan, which was proposed as a result of candidate site submission no. 65, should not now proceed in light of Aberfan Cemetery being added to the list of Registered Historic Parks and Gardens. Acceptance of this recommendation would result in the application site being outside the settlement boundary when considered against both the current adopted Local Plan and the emerging Local Development Plan.

I am of the opinion that there were no issues raised at the site meeting such as to warrant a change to my original recommendation. Accordingly, as I still find the proposed scheme to be unacceptable, the following RECOMMENDATION is made:

That the application be REFUSED.

COMMITTEE’S DECISION IS REQUIRED

A copy of the original report to Committee is reproduced below for convenience:

SITE DESCRIPTION

The application site, which is irregular in shape, is bound to the north by land adjoining Aberfan cemetery, to the east by the rear of properties on Bryntaf Road, to the south by open countryside forming ancient and environmentally important woodland and a proposed SINC, and to the west by open countryside leading up to the A470 trunk road. The site is currently used as a field, and measures approximately 1.3ha.

The topography of the site is such that it slopes steeply down west to east from the A470(T) to the rear of Bryntaf. The site enjoys an elevated position on the valley side overlooking the village of Aberfan. Vehicular access is gained from the north east corner of the site via a narrow track which currently serves a Old Oak bungalow situated at the access into the site and continues up over the A470(T) to Perthygleision Farm

Cadw, the Welsh Assembly Government’s executive agency, which has responsibility for protecting, conserving and promoting an appreciation of the historic environment of Wales has designated Aberfan Cemetery, Garden of Remembrance and Former Tip and Slide Area as Grade II* on its Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. The application site lies within what Cadw define as the Essential Setting of the historic park. The significance of this is expanded upon in the Consultation and Planning Considerations sections of this report.

APPLICATION DETAILS

Outline planning consent is sought for residential development. Matters relating to access, appearance, landscaping, layout and scale have been reserved for future consideration.

Committee will be aware that an outline planning application seeks an “in principle” decision as to whether the proposal would be acceptable. Matters of detail are “reserved” for future consideration. Notwithstanding this an amendment was made to The 1995 Town & Country Planning (General Development Procedure) (Wales) Order which came into force on 6 th October 2008. This amendment requires that where layout, scale and access are reserved matters indicative details shall be provided at Outline stage.

As such the application was accompanied by an indicative site layout showing a proposal for 19 detached dwellings, house type scales, site survey and an access statement. The applicant also submitted a “Mitigation Strategy for the Development of Land Included Within a Site of Importance for Nature Conservation (SINC)”.

The application has been “screened” in accordance with Regulation 5 of the Town & Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, and the advice contained in Welsh Office Circular 11/99. The application site exceeds 0.5ha in area and as such fell to be considered as a Schedule 2, 10b “Urban Development Project”. Having had regard to the criteria in Schedule 3 of the above regulations, it is not considered that the proposed development constitutes environmental impact assessment development, and as such does not warrant the submission of an Environmental Impact Assessment.

PLANNING HISTORY

There is no planning history pertaining to this application site.

CONSULTATIONS

Internal

Head of Engineering – No objection subject to conditions

Head of Public Protection – No response

Town Planning Division Countryside Officer – Requested that the following be noted:-

The development will result in the loss of priority BAP habitats and part of a candidate SINC (West Aberfan), if unmitigated or uncompensated there would be objections for these reasons. The developer has submitted proposals for compensatory measures via a report by an independent ecological consultant which indicates that compensatory measures are possible to result in no net loss of biodiversity and possibly some potential gain.

The Countryside Officer considers the proposed mitigation is theoretically possible, however is unsure of the mechanism for delivery, given that the compensatory land is outside the application site. He concludes that, if the reports recommendations can be enforced by conditions or a legal agreement, he has no objection on biodiversity grounds. However, if they cannot, then objection is raised to the proposed development.

Town Planning Division Design, Heritage & Conservation Officer – Offered the following comments quoted verbatim below.

“The site is now located immediately to the south of a recently designated Grade II* Park of Special Historic Interest named Aberfan Cemetery, Garden of Remembrance and Former Tip and Slide Area.

The Cemetery, Garden of Remembrance and Former Tip and Slide Area is associated with the 1966 Aberfan disaster and is located above the line of the former Glamorganshire Canal. The site overlooks the 19 th century industrial village of Aberfan, which consists of many rows of terraced housing. The area retains many architectural details and is important historically as it represents the Boroughs development from steel production to coal mining.

It is considered that development of the site will affect the setting and character of this historic park and garden. The application, therefore, is considered to be contrary to Policy BW6 of the emerging Local Development Plan in that it adversely contributes to the character and setting of a feature of Historic and Cultural Importance while incorporating a design that does not respect the character of the surrounding area. In addition, the proposals are opposed to Paragraph 6.5.23 of Planning Policy Wales in that the proposals fail to preserve or maintain the character of a Historic Park and Garden.”

Town Planning Division Landscape Officer – Offered the following comments quoted verbatim below.

“The site slopes steeply away to the east and forms an elevated position relatively high on the valley side situated between the A470 and the peripheral extents of the southern part of Aberfan. As a result the site is clearly visible from positions on the opposite side of the valley.

Views towards the site from the opposite side of the valley in Merthyr Vale were examined. It was clearly evident that the site is prominent in the landscape. The LANDMAP scoring criteria attributes a moderate score to the Visual and Sensory layer for this area.

‘There are attractive views of the area from both sides of the valley with its wooded character and pleasant river corridor... Though there are post industrial remnants, these add to the richness of the area visually... The area has a sense of place although there are similarities to other south Wales valleys...’ (Landmap extract)

The Aberfan Cemetery; synonymous with the 1966 disaster sits calmly above the line of the Glamorganshire canal the earthwork embankment of which clearly forms a distinct cut off line to the 19 th century industrial village development below and as such the development site would visually jostle for attention with the cemetery as viewed from Merthyr Vale and dilute the iconic quality it possesses.

The Landscape Officer recommends that the application is refused for the following reason:

“A development of the nature proposed for this site runs contrary to the characteristics and qualities that exist in the landscape. In particular the impact on the Cultural Heritage of Aberfan as the scene of a disaster and in particular the visual impact on the setting of the cemetery. In visual terms the development would fragment the historic nature of the settlement development and pattern of industrial use as a linear transport corridor. Viewpoints from the old Cardiff road and Trevithick Tramroad (themselves part of this landscape) would be threatened by this development. In terms of expansion of the urban settlement; the proposals would (owing to the nature of the site) be highly visible and out of character with the existing development pattern exhibited by a more rigid grid of housing developments in the valley floor.”

External

Environment Agency Wales – No objection

Glamorgan Gwent Archaeological Trust – No objection

Countryside Council for Wales (CCW) – Raise concern and urge the Authority to consider the potential effects of the proposal on the local nature conservation resource in the context of our duty under S.40 of the Natural Environment and Rural Communities (NERC) Act 2006, relevant policies in TAN 5 / revised draft TAN 5 and the Mid Glamorgan (Merthyr Tydfil County Borough Council) Replacement Structure Plan and Biodiversity commitments as set out in your Local Biodiversity Action Plan (LBAP) “Action for Wildlife in Merthyr Tydfil”

The area covered by the proposed application boundary is a proposed Site of Importance for Nature Conservation (SINC) on account of its local nature conservation value. CCW consider that the proposed development would result in the loss of a significant area of species rich neutral grassland, and are of the opinion that this development would result in significant damage to a SINC. CCW welcome the provision of a proposed mitigation strategy, but are concerned that it does not adequately mitigate for the loss of species rich neutral grassland.

Cadw – Comment that the proposed development lies within the Essential Setting of the Registered Historic Park known as Aberfan: Cemetery, Garden of Remembrance and Former Tip and Slide Area. It is included as Grade II* on Cadw/ICOMOS (International Council on Monuments and Sites) Register of Parks and Gardens of Special Historic Interest in Wales. The Essential Setting of a registered park or garden is defined as “a concept developed for the register in order to safeguard areas adjacent to the historic parks and gardens which, although outside them, form an essential part of their immediate background and without which, in their present state, the historic character of the site in question would be diluted and damaged”.

“At present the cemetery has no built development on the flanking slope of the valley, to the north and south, and above it, to the west (except for the A470). Only below it, to the east is there built development – the village of Aberfan. This largely rural setting gives it a peaceful atmosphere, which is an important and integral part of its character. Cadw considers the proposed housing development to the south would substantially alter and seriously harm this setting and the setting of the cemetery, which is part of the registered historic site. The cemetery is of exceptional historic value and sensitivity. Its setting makes a significant contribution to its atmosphere and were the setting to be intruded upon in an unsympathetic way, the character of the cemetery itself would be harmed. In our opinion, the development would be a major alteration to the setting to the south of the cemetery” .

Welsh Assembly Government Transport & Strategic Regeneration – No objection subject to conditions

South Wales Police – No response

Welsh Water – No objection

Wales & West Utilities – No response

Western Power Distribution – No objection

PUBLICITY

Article 8(2) and 8(3) of the 1995 Town and Country Planning General Development (Procedure) Order requires that proposals of this nature should be publicised by means of local press advertisement and either a site notice or letters to adjoining neighbours.

The following methods were employed in order to publicise this planning application:

• A notice was placed in the “Legal Notices” section of the Merthyr Express on 19 th February 2009; and • Four site notices were placed in prominent positions in the vicinity of the application site on 10 th February 2009

Each of the above measures accurately described the proposals and the application site and invited representations within a 21 day period from the respective dates of publication.

No letters of representation have been received.

POLICY CONTEXT

Section 54A of the Town and Country Planning Act 1990 has now been superseded by Section 38 (6) of the Planning and Compulsory Purchase Act 2004. This principal legislation requires the determining authority to have regard to the development plan in force and to make its determination on planning applications in accordance with policies of that plan unless material considerations indicate otherwise.

The following policies and documents are considered relevant to and have informed the recommendation at the end of this report.

National Planning Policy

Planning Policy Wales

National Planning Policy for Wales as set out by the Welsh Assembly Government is contained in Planning Policy Wales (PPW).

The following extracts are relevant to the consideration of this application:-

Chapter 2 – “Planning for Sustainability” Para 2.2.1 Sustainable development principles – respect for environmental limits, so that resources are not irrecoverably depleted or the environment irreversibly damaged…for example contributing to climate protection, protecting and enhancing biodiversity, and promoting sustainable use of natural resources.

Para 2.3.2 Planning policies and proposals should:

- help to ensure the conservation of the historic environment and cultural heritage, acknowledging and fostering local diversity. - ensure that all local communities have sufficient good quality housing for their needs, including affordable housing for local needs.

Chapter 5 PPW– “Conserving and Improving Natural Heritage” Para 5.1.2 The Assembly Government’s objectives for the conservation and improvement of the natural heritage are to ….promote the conservation of landscape and biodiversity, in particular the conservation of native wildlife and habitats … and to safeguard protected species.”

Chapter 6 – “Conserving the Historic Environment” Para 6.1.1 It is important that the historic environment, encompassing archaeology and ancient monuments…. historic parks, gardens and landscapes is protected. The Assembly Government’s objectives in this field are to:

• Preserve and enhance the historic environment, recognising its contribution to economic vitality and culture, civic pride and the quality of life and its importance as a resource for future generations; and specifically to • Protect archaeological remains, which are a finite and non-renewable resource, part of the historical and cultural identity of Wales, and valuable both for their own sake and for their role in education, leisure and the economy, particularly tourism;

Para 6.5.1 The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled.

Para 6.5.23 Local Planning Authorities should protect parks and gardens and their settings on the first part of the “Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales”.

Chapter 8 – “Transport” Para 8.7.1 - Identifies criteria local planning authorities should take into account when determining a planning application which has transport implications.

Chapter 12 – “Infrastructure and Services” Para 12.4.1 The adequacy of water supply and the sewage infrastructure are material in considering planning applications and appeals. Even where there is theoretical capacity, timely investment in infrastructure is required to ensure that new development does not adversely affect water supplies or water quality. These issues require early identification when locating future development. Local Planning Authorities should therefore encourage the use of sites where existing water supply and/or drainage provision problems can be solved and seek to avoid the use of sites where adequate water supply and/or drainage provision is unlikely to be achieved.

Chapter 13 – “Minimising and Managing Environmental Risks and Pollution” Para 13.5.1 The planning system should guide development to lessen the risk from natural or human-made hazards, including risk from land instability and land contamination. The aim is not to prevent the development of such land, though in some cases that may be the appropriate response. Rather it is to ensure that development is suitable and that the physical constraints on the land are taken into account at all stages of the planning process. However, responsibility for determining the extent and effects of instability or other risk remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners.

Para 13.9.1 Planning decisions need to take into account:

Ministerial Interim Planning Policy Statement (MIPPS) 01/2008 – Planning for good design

This MIPPS provides a revised section 2.9 of Planning Policy Wales.

Para 2.9.1 Design is taken to mean the relationship between all elements of the natural and built development.

Para 2.9.2 Meeting the objectives of good design should be the aim of all those involved in the development process and applied to all development proposals

Para 2.9.8 The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations.

Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 – Housing

Para 9.1.1 The Assembly Government will seek to ensure that:

Para 9.3.1 New housing developments should be well integrated with and connected to the existing pattern of settlements.

Para 9.3.4 In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity.

Planning Policy Wales is supplemented by a series of Technical Advice Notes (TAN’s), the relevant ones are referred to below:

TAN 5: Nature Conservation and Planning – 1996 (Draft Replacement also in existence) The current TAN 5 issued in 1996 gives advice on development control issues for Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs). It also covers the selection and designation of non statutory nature conservation sites and the protection of species. The revision of TAN 5 aims to bring together advice on sources of legislation relevant to various nature conservation topics which may be encountered by local planning authorities. In summary, the draft revised TAN: 1. sets out the key principles of planning for nature conservation; 2. provides advice about the preparation and review of development plans, including the relevant statutory requirements; 3. addresses nature conservation in development control procedures; 4. deals with the conservation of internationally and nationally designated sites and habitats and also covers local sites; and 5. deals with the conservation of protected and priority species. TAN12: Design 2002 – The Welsh Assembly Government is committed to achieving good design in all development at every scale throughout Wales. This Technical Advice Note gives more detailed advice on how this may be facilitated within the planning system.

PPG 14 (Planning Policy Guidance) – Development on Unstable Land

Planning Policy Wales at Section 13.5, advises that two Appendices of this guidance remain in force in Wales until superseded by a new TAN. The two Appendices are:-

• Appendix A – Causes of Instability; and • Appendix B – Sources of Information

Circulars

61/96 - Planning and the Historic Environment 1/98 – Planning and the Historic Environment: Directions by the Secretary of State 23/01 - New Guidance for Local Planning Authorities on European Protected Species and changes in Licensing Procedures 11/95 - The Use of Conditions in Planning Permissions 11/99 – Environmental Impact Assessments

The Register of Landscapes (January 1998)

This comprises a series of publications produced between January 1998 and February 2001, by CCW, CADW and ICOMOS (The International Council on Monuments and Sites). It covers the following:-

Part 1.0 – Historic Parks and Gardens in Wales Part 2.1 – Landscapes of Outstanding Historic Interest in Wales Part 2.2 – Landscapes of Special Historic Interest in Wales

The Register is widely used to raise awareness of the historic significance and importance of the Welsh environment, allowing consideration of the historic landscape to be given equal weight alongside the more traditional and long established issues of nature conservation, wildlife protection and scenic amenities. Planning authorities are asked to take information on the Register into account in preparing development plans and in considering the implications of developments which are of such a scale that they have a more than local impact of an area on the Register.

LANDMAP – Landscape Assessment (August 2002)

The methodology allows for the various characteristics of the landscape to be brought together into a single assessment in order to inform policy and decision making to a greater degree.

Merthyr Tydfil Historic Landscape Conservation Management Plan (May 2008)

The purpose of this document is to identify the features of significance which comprise the Merthyr Tydfil registered historic landscape in order to inform decisions about future development and change and to ensure that the special character of the landscape is conserved.

Local Planning Policy

The existing development plan framework in Merthyr Tydfil is provided by:-

i) The adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991-2006

ii) The adopted Merthyr Tydfil Borough Local Plan 1994 – 2006

iii) The Merthyr Tydfil Local Development Plan Deposit Version 2006-2021.

The following policies are considered relevant and have informed the assessment and recommendation set out below:

The Adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 – 2006

The adopted Structure Plan sets out the strategic planning context for the Borough. The following policies apply:-

Policy H2 – New housing in the countryside Policy H4 – Housing proposals Policy EV1 – Development in the countryside Policy EV5 – Development affecting sites recognised as important for nature conservation Policy EV6 – Development which disturbs or destroys a site important for nature conservation. Policy EV10 – Development on or within major sites or features of the built and historic environment

The Adopted Merthyr Tydfil Borough Local Plan 1994 - 2006

Policy H3 – Unallocated sites outside settlement boundaries Policy NH1 – Development in the countryside Policy NH5 – Sites of importance for nature conservation, geological and geomorphological features. Policy NH7 – Water Environment

The Deposit Merthyr Tydfil Local Development Plan 2006 -2021

Policy BW5 – Landscape and biodiversity Policy BW6 – Townscape and built heritage Policy BW7 – Sustainable design and place making Policy AS6 – Local nature conservation designations Policy TB2 – Unallocated sites within settlement boundaries Policy TB11 – Access, parking and accessibility of local facilities

PLANNING CONSIDERATIONS

The Council’s adopted development plans are intended to provide a firm basis for rational, consistent decisions in planning applications. The UK operates a plan led system whereby adopted development plan policies take primacy in the determination of planning applications unless material considerations indicate otherwise.

The principal consideration in the determination of this application is whether or not residential development is acceptable in principle in this location. In considering this a number of issues must be taken into account and given appropriate weight as follows:–

Historical Context

The application site lies within the Essential Setting of the registered historic park known as Aberfan: Cemetery, Garden of Remembrance and Former Tip and Slide Area. It is included as Grade II* on Cadw/ICOMOS Register of Parks and Gardens of Special Historic Interest in Wales. Para 6.5.23 of Planning Policy Wales advises that Local Planning Authority’s (LPA) should protect parks and gardens and their settings on the first part (parks and gardens) of the Register. Circular 61/96: Planning and the Historic Environment requests LPA’s to take the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales into account in determining planning applications.

The Authority’s Design, Heritage & Conservation Officer advises that protection can be achieved either by development which creates minimal impact on features of historic importance or by development which creates a positive contribution to their setting and character. He concludes that the proposals fail to preserve or maintain the character as it adversely contributes to the setting of a feature of Historic and cultural importance.

He considers that the proposed development may compromise the objective of the listed area, and that the requirement for additional large dwellings is not a sufficient reason for the alteration of the setting and character of a nationally important site. Additionally, the form and character of the development is not in keeping with the typology of dwellings located in the 19 th Century industrial village of Aberfan. However, he acknowledges that such proposals may be changed at reserved matters stage.

Cadw have assessed the application site as having a largely rural setting which gives it a peaceful atmosphere, an important and integral part of its character, and that there is no visual barrier between the field and the cemetery to the north. Cadw considers the proposed housing development would “substantially alter and seriously harm this setting and the setting of the cemetery”. They further comment that “the cemetery is of exceptional historic value and sensitivity…making a significant contribution to its atmosphere”. They consider that if the setting was intruded upon in an unsympathetic way, the character of the cemetery itself would be harmed. Cadw conclude that “the development would be a major alteration to the setting to the south of the cemetery”.

In response to Cadw’s comments the Applicant has submitted a supporting statement. He contests that the proposals will adversely affect the character of the Historic Park and Garden as the site does not abut the cemetery and is separated by a large area of land in his ownership which will act as a buffer, which could be reinforced by additional planting. He does not consider the area to be rural in character and also states that it is not possible to exchange views between the application site and the cemetery. He questions the designation of the cemetery as a historic park and garden, and considers only the northern section warrants protection, and disagrees with Cadw’s assertion that the application site forms part of the land considered as an essential setting of the Registered Park. He concludes that “there will be no harm to the identified character of the designated area, nor will there be any impact on any specific features of the historic area”. The statement is accompanied by photographs and cross sections of the site which are not to any specified scale.

It is not considered that the applicant’s rebuttal addresses the concerns raised by Cadw. It is merely a set of statements containing the applicant’s opinion which in the absence of any evidence carry very little weight. Whilst the application site does not directly abut the cemetery, the intervening land within the applicant’s ownership and control was clearly outlined on the plans accompanying the application which Cadw would have been aware of and considered in their assessment, and is obviously not sufficient to overcome the harm caused by the proposed development.

Biodiversity and Nature Conservation

The principal mechanism for the legislative protection of wildlife in Great Britain is the Wildlife and Countryside Act 1981 (as amended) and the Habitats Regulations 1994.

The site is designated as a Site of Importance for Nature Conservation (SINC). The Authority’s Countryside Officer has advised that the proposed development will result in the loss of priority Biodiversity Action Plan (BAP) habitats and part of the candidate SINC, and CCW have raised similar concerns. The applicant has submitted a proposed mitigation strategy in order to compensate for this. Whilst CCW are concerned as to its adequacy to mitigate for the loss of species rich neutral grassland, the Authority’s Countryside Officer is satisfied that the measures put forward could result in no net loss of biodiversity, and possibly some potential gain, provided that they are capable of being enforced on the developer and subsequent landowners and developers. Advice sought from the Authority’s Legal Division confirms that an agreement can be entered into under Section 39 of the Wildlife and Countryside Act in order to ensure this, and as such no objection is raised to the proposed development on biodiversity grounds.

Highway Safety

Whilst means of access has been reserved for future consideration, the Head of Engineering has raised no objection and considers that the local highway network has the capacity to serve the development.

Landscape & Visual Impact

There is no question that the erection of 19 detached houses on this visually prominent sloping site would have an effect on the landscape and visual amenity of the area.

In assessing the application the Authority’s Landscape Officer commented that the site is clearly visible from positions on the opposite side of the valley, and that it is a prominent site which commands a vantage position; this is also evidenced by LANDMAP which attributes a moderate score to the visual and sensory layer for this area. He considers that, given the severity of the slope, it is unlikely that the site can be developed without a cut and fill operation and / or retaining structures.

In cultural terms, the Authority’s Landscape Officer comments that Aberfan Cemetery, synonymous with the 1966 disaster sits calmly above the line of the Glamorganshire canal, the earthwork embankment of which clearly forms a distinct cut off line to the 19 th century industrial village below. It is evident that the natural line of settlement limit coincides with the line of the former Glamorganshire canal now used as the Taff Trail. The LANDMAP cultural layer refers to the area as having a strong cultural identity of local, national and international significance as the scene of a disaster. It is attributed an outstanding categorization within the LANDMAP scoring criteria, which is the highest on a Wales wide value system.

In terms of design and the character and appearance of the proposed development, whilst the application is made in outline indicative details have been submitted showing 19 detached dwellings arranged in two north to south lines. It is appreciated that the indicative house types may well not be the type of house that is actually developed if consent is forthcoming, however it is important to highlight that this type of housing has little in common with the traditional mix of housing found in the South Wales valleys. This discordant feature is emphasized by the steep nature of the site. As you look down the valley the traditional form of housing development is on the valley floor. The proposed development encroaches prominently onto the valley sides in an inappropriate fashion, and as the Authority’s Landscape Officer rightly points out “The development site would visually jostle for attention with the cemetery as viewed from Merthyr Vale and dilute the iconic quality it possesses”. The introduction of the associated road to adoptable standards in this open countryside location is considered to be undesirable, and would further erode its rural qualities even further.

Compatibility with Development Plan Policies

As detailed in the Policy Context section of this report, the current adopted Development Plan for Merthyr Tydfil is the Merthyr Tydfil Local Plan and the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan. They continue until superseded by the adoption of the Local Development Plan, currently anticipated to be in July 2010.

Assessed against the current adopted Development Plan, the application site lies outside the settlement boundary, where policy dictates that development of this nature is unacceptable in principle. Furthermore, as a result of its location within the essential setting of a historic park, its visual impact on the landscape and its character, the proposed development conflicts with numerous development plan policies relating to new housing in the countryside and development within major sites or features of the built and historic environment.

The Merthyr Tydfil Local Development Plan (LDP) is significantly advanced through its preparation timetable with both Preferred Strategy and Deposit stages already successfully complete. An up to date evidence base was compiled at the beginning of the LDP process in 2006 and has evolved throughout the Plan’s preparation to ensure that the key issues of importance set out in the deposit documentation are relevant and within the plan’s influence.

Assessed against the deposit LDP, the site lies within the settlement boundary, where development is generally acceptable in principle subject to specific criteria. However as a result of its location within the essential setting of a historic park, its visual impact on the landscape and its character, the proposed development fails to comply with specific policies of this plan.

For the same reasons it is also considered that the proposed development is contrary to the advice contained within National planning policy and guidance.

Conclusion

The proposed development runs contrary to the characteristics and qualities that exist in the landscape, in particular the impact on the cultural heritage of Aberfan and the visual impact on the setting of the cemetery. Having considered all matters pertaining to the determination of this application, the proposed development fails to accord with national and local planning policy (both of the current and emerging Development Plan) and as such the principle of residential development is considered to be unacceptable in this location.

RECOMMENDATION: BE REFUSED for the following REASONS:

1. The proposed development, by virtue of its location outside the settlement boundary as defined in the Adopted Merthyr Tydfil Borough Local Plan, is contrary to Policies H2 and EV1 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 – 2006 and Policies H3 and NH1 of the Merthyr Tydfil Borough Local Plan and Planning Policy Wales MIPPS 01/2006 – Housing.

2. The proposed development, by virtue of its design and layout, is considered to be unsympathetic and uncharacteristic of the development pattern of the village of Aberfan which is characterised by traditional valleys terraced housing on the valley floor, and is therefore contrary to Policy H4 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 – 2006, Policies BW5, BW7 and TB2 of the Deposit Merthyr Tydfil Local Development Plan and Planning Policy Wales MIPPS 01/2008 – Planning for Good Design and TAN12: Design.

3. The proposed development, by virtue of its expansion of the urban settlement and its highly visible location, would fragment the historic nature of the settlement and pattern of its industrial use as a linear transport corridor. Viewpoints from the old Cardiff road A4054 and Trevithick Tramroad (themselves part of this landscape) would be threatened by this development, and it is therefore contrary to Policies BW5, BW7 and TB2 of the Deposit Merthyr Tydfil Local Development Plan and Para 2.3.2 of Planning Policy Wales.

4. The proposed development is considered to be unacceptable in Heritage and Conservation terms by virtue of its insensitive location within the essential setting of the Grade II* registered historic park known as Aberfan Cemetery, Garden of Remembrance. It would substantially alter and seriously harm this setting of a listed park to an unacceptable degree, and is therefore contrary to Chapter 6 of Planning Policy Wales, Policy EV10 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 – 2006, Policy H3 and NH1 of the Merthyr Tydfil Borough Local Plan, and Policy BW6 and TB2 of the Deposit Merthyr Tydfil Local Development Plan.

------

Application No. Date Determining Authority P/09/0043 11th February 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Construction of 25 dwellings and Land At Ty Llwyd Farm Elan Homes associated works Oak Road c/o Mr R Clancy Treharris Clancy Design Services Ltd 9 Ullenwood Court Ullenwood Cheltenham

APPLICATION SITE

This application relates to an ‘L’ shaped parcel of land which comprises approximately 0.75 hectare/1.85 acres. The site is bounded by Nos 79-83, 86 and 87 Ty Llwyd Park to the west, Nos 6-8 Claremont Drive and Nos 15-19 Shire Court to the north, and Nos 60-69 The Oaks to the south and east. The north-eastern end of the site is bound by a NTL Transmitting Mast to the east. The site fronts onto the highway known as The Oaks at its southern end.

The site is relatively flat in profile and is grassed for the majority of its area, although it does accommodate other vegetation including bushes and small trees.

A claimed right of way bisects the site for its entire length. A further footpath enters the middle of the site from Millfield and Claremont Drive.

Towards the centre of the site are the masonry remains of the original farmhouse and outbuildings, from which the site name derives.

The application site lies within a residential area characterised by dwellings of varying modern designs and forms.

PLANNING HISTORY

Two outline planning consents were granted by Committee to develop the site for residential purposes at the 19 th December 2007 meeting (Refs 07/0515 and 07/0516). The 07/0515 permission relates to the western part of the site, whilst the 07/0516 permission relates to the eastern part of the site. When combined, the two permissions cover the entire site subject of this application (and also include the site of the NTL Transmitting Mast which is not part of this application).

The two permissions referred to above (07/0515 and 07/0516) were the latest in a series of outline consents relating to the site, which extend back to 1992 for the western part of the site, and to 1996 for the eastern part of the site.

In August 2007, David Mclean Homes submitted a planning application for the erection of 30 dwellings on the site (Ref 07/0450). This application was refused by Committee on the 9 th April 2008, contrary to the initial officer recommendation to conditionally approve the application.

The reasons for the refusal of the 07/0450 application are listed below.

1. The proposal, for the erection of 30 residential units of a mixed type, including flatted accommodation, is of a density and character which fails to reflect the density levels of the locality, to the detriment of the character and visual amenity of the surrounding area.

2. The highway network serving the site, up to the traffic island at Edwards Terrace and leading from Nelson and Quakers Yard is considered inadequate to serve the number of residential units proposed, by reason of its sub-standard width, poor horizontal and vertical alignment and lack of segregated footways.

The applicants subsequently appealed this decision (Ref APP/U6925/A/08/2074094). The appeal was dismissed on the 19 th August 2008. A copy of the appeal decision is attached as Appendix 1.

Whilst the appeal was dismissed, the Inspector did not support all of the reasons given for the refusal of the planning application. Furthermore, the Inspector raised other issues which lead to him dismissing the appeal for other reasons.

In summary:-

• The Inspector did not find that the density of the proposed scheme to be unacceptable, nor did he consider that for the most part, the proposal would be harmful to the visual amenities of the area, contrary to the majority of the first reason of refusal listed above (paras 7-11 of the Inspector’s decision refers).

• The Inspector did however find the three storey building (containing three flats) to be harmful to the scheme and the locality, in accordance with part of the first reason for refusal (para 12).

• The Inspector was also critical of the layout of the scheme, in that “….the resulting sense of place would be mediocre and not of the quality suggested…” by the applicant (para 13).

• The Inspector took the view that some of the proposed dwellings (those sited perpendicular and close to the eastern boundary of the site with existing properties in The Oaks) would offer oblique views taken from first floor windows onto the rear gardens of these dwellings which would impinge on the privacy of the occupiers of these dwellings (para 15).

• The Inspector did not however agree with the second reason for refusal, as he took the view that the proposal was not unacceptable in highway/transportation terms (paras 17- 20)

PROPOSED DEVELOPMENT

The application subject of this report aims to address the issues raised by the Inspector in his report.

Detailed planning permission is now sought to erect 25 residential units on the site and to construct an internal access road serving these units.

The proposed access road runs to the rear of 82, 83, 87 and 88 Ty Llwyd Parc within the western part of the site before forming a radius eastwards (following the ‘L’ shape of the site) where it runs in close proximity to the rear of Nos 60-64 The Oaks. The access road is designed to adoptable standard (5.5m wide carriageway with 1.8-2.0m wide footways).

It is proposed to erect houses to just the east side of the access road for the first half of its length (for the first 75m), and then on both sides of the road for the next 30m of the straight section of road and around its bend. Houses are then sited on only the north side of the road for the next 30m. There are five dwellings located to the east of the road’s turning head and the private driveway located off this (these houses back onto the telecommunications mast). The two bungalows located at the end of the private driveway are southward facing.

The 25 residential units comprise of a mixture of detached and semi-detached houses and detached bungalows. Of the units proposed 23 are houses (of 7 varying house types), and 2 are bungalows.

The eight differing types of accommodation proposed are listed below:-

Cheltenham (6)

A 3 bedroom semi-detached house

Ashbourne (3)

A 3 bedroom linked-detached house

York (2)

A 3 bedroom detached bungalow

Altringham (3)

A 3 bedroom house, in either detached or linked-detached form

Aviemore (4)

A 3 bedroom detached house

Ross (2)

A 3 bedroom semi-detached house, with a ‘splayed’ footprint

Hertford (3)

A 4 bedroom detached house featuring an integral garage

Harborough (2)

A 4 bedroom detached house

The proposed dwellings are of a modern form and design and are proposed to be constructed from red (Baggeridge Paragon Antique Red Multi) bricks beneath red (Marley Double) roof tiles.

Several of the proposed dwellings will be served by either detached, semi-detached, attached or linked garages. In any event, each of the proposed dwellings are served by two parking spaces. Each of the dwellings are also served by an adequately sized garden areas.

CONSULTATIONS

The following consultees were contacted as part of the planning application process.

Head of Engineering No objection, subject to conditions relating to drainage, visibility splays and access etc.

Head of Public Health No objection

Countryside Officer (Town Planning Division) No objection subject to a condition restricting the times of the year when the clearance of vegetation can take place.

Landscape Architect (Town Planning Division) Requests various amendments to the submitted landscaping scheme. This matter will be dealt with by means of a suitably worded condition.

Environment Agency No objection

Fire Service No objection

Police No response

Glamorgan Gwent Archaeological Trust No objection subject to a condition that requires the applicant to carry out a scheme of investigation in order to record any features of archaeological interest

Welsh Water No objection subject to conditions relating to drainage

Wales & West Utilities No objection

Western Power Distribution No objection

PUBLICITY

When the application was originally submitted to the Town Planning Division, it was publicised by the following means:-

• Issuance of 26 consultation letters to neighbouring/local properties;

• by displaying six site notices within the vicinity of the site; and

• by placing a Press Notice in the Merthyr Express newspaper.

Following this publicity eight letters of objection were received. The relevant points of objection contained within these letters are summarised below.

1. The highway network serving the site is sub-standard and not capable of serving the proposed scheme without detriment to highway safety.

2. The proposed scheme is not served by sufficient parking

3. The proposed dwellings would have an adverse impact on neighbouring residents in terms of loss of sunlight/overshadowing, overbearing impact and loss of privacy etc.

4. The layout, design, general appearance and layout of the proposed properties in such that the proposed scheme would not harmonise with the character of the area.

5. The density of the proposed scheme is too high

6. The proposal would generate noise, dust and general disturbance to the detriment of local residents.

7. The local drainage system/water supply/electricity supply could not cope with the additional number of dwellings being proposed.

8. The proposal would result in the loss of an existing green space/amenity area.

9. The proposal will result in a loss of habitat for species including bats, birds and hedgehogs.

10. The proposal would result in the loss of the Right of Way which crosses the site.

11. The proposal could result in damage to neighbouring properties (walls and gardens etc).

12. The Council should ensure that, in the event that planning permission is granted, the developer places covenants on the sale of any of the plots, in order to prohibit future occupiers from carrying out any business from their property, or from parking caravans, trailers, boats or horse boxes etc on their land. The placement of satellite dishes should also be prohibited.

13. The proposed scheme could result in higher levels of children/teenagers “hanging around street corners” which has the potential for anti-social behaviour.

14. There is a lack of formal and informal play areas in the overall Ty Llwyd Parc estate. The Children and young Persons Plan bestows on the Council a responsibility to place ‘play’ high on the planning agenda so that the health and well being of young people is given full consideration.

15. Japanese Knotweed is present within the site.

During discussions between the applicant and the case officer, the applicant was advised that the houses proposed for Plots 4 and 5 (which back onto Nos 66 and 67 The Oaks) featured rear first floor windows that were only some 16.5-17.5m from the conservatories featured to the rear of these existing neighbouring dwellings. The applicant submitted amended drawings to the Town Planning Division in order to address this issue. It is this amended scheme that is described above in the ‘Proposed Development’ section of this report.

An Aviemore house type is now proposed for Plot 4. This house type does not feature any first floor windows within its rear elevation.

An Altrinham house type is now proposed for Plot 5. This house is sited perpendicular to the proposed access road serving the site. The flank elevation of this house facing towards the properties in The Oaks does not feature any habitable room windows at first floor level. The only first floor window featured within this elevation serves an en-suite bathroom.

Following the receipt of these amended drawings, local residents were advised of these amendments by means of fresh consultation letters and by again displaying site notices within the vicinity of the site.

Following this exercise, another four letters of objection were received, from four of the eight original objectors. Two of these letters re-iterated the points of concern/objection contained in their original letters.

The other two letters (from residents in The Oaks) commented that they did not consider that the amended drawings resolved the issues of loss of privacy between the proposed dwellings on Plots 4 and 5 and the existing houses in The Oaks. Concern was also expressed in relation to the applicant’s suggestion that a ‘screening structure’ be erected along the common boundary between the application site and the properties in The Oaks. The applicant suggested that the erection of such a structure will prevent overlooking from occurring between the proposed and existing dwellings. The applicant requested that this matter be dealt with by means of a suitably worded condition. The objectors are however dissatisfied with this approach, and want the applicant to provide full details of this structure as part of the planning application process. Concern is also expressed over the stability of such a proposed structure, its visual impact and its impact on existing residents.

POLICY CONTEXT

The majority of the site (approximately 75%) is specifically designated for residential development within the adopted Merthyr Tydfil Borough Local Plan - site H59 refers. For the avoidance of doubt, Councillors are advised that it is the western part of the site which is allocated.

The remainder of the application site lies within the ‘Settlement Boundary’ as defined by the Merthyr Tydfil Borough Local Plan. Therefore, Policy H3 of the adopted Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991-2006 and Policy H2 of the Merthyr Tydfil Borough Plan are also relevant to the determination of this application.

The entire site is specifically designated for residential development within the Merthyr Tydfil Local Development Plan (Deposit Version) – site H47 refers.

PLANNING CONSIDERATIONS

The principle of developing the site for residential purposes is further established by virtue of the 07/0515 and 07/0516 outline planning permissions granted by Committee on the 19 th December 2007. These two permissions combine to relate to the whole site now subject of this detailed application.

As stated above, these consents date back 15 years and were repeatedly renewed. The main issues of relevance to the determination of this application therefore relate to:-

• whether the proposal is acceptable in highway/transportation terms; • whether the proposed scheme respects the visual amenities/character of the area; and • whether the proposal respects the living conditions of neighbouring/local residents.

In doing so, regard will be had to the Inspector’s decision notice which dismissed the 07/0450 planning application.

Each issue is now considered in turn below.

Highway/Transportation Considerations

The proposed internal access road serving the proposed dwellings is to “adoptable” standard with a 5.5m wide carriageway and 1.8-2.0m wide footways (pavements). This proposed highway provides a turning head at its termination in the eastern part of the site in order to allow vehicles to perform a turning manoeuvre. A private driveway extends off this turning head. This private driveway served five dwellings.

Visibility splays of 2.4m by 70m to the right (west) and 2.4m by 26m to the left (east) are provided at the junction of the proposed highway with The Oaks.

For the avoidance of doubt, an adoptable highway is one which will be maintained at public expense once adopted by the local highway authority. The private driveway will not however be adopted by the local authority highway, but will be maintained and owned by the relevant plot-holders.

The proposed estate road serving the site is considered to be acceptable in highway terms. The visibility splays to be created at the junction of the new road with The Oaks are also deemed to be acceptable in highway safety terms.

The wider highway network serving the application site is considered to be of a standard that can accommodate the number of residential units proposed, without detriment to highway safety (contrary to the concerns expressed by local residents). In coming to these views I have had regard to the fact that the Head of Engineering has not raised any objection to the application. Committee are again reminded that the Planning Inspector was also of the view that the proposed development of 30 dwellings on the site was not unacceptable in highway terms.

I am also satisfied that the number of parking spaces serving the proposed buildings is adequate (two spaces for each dwelling).

Visual Amenity

The majority of dwellings within the local vicinity are either semi-detached or detached dwellings. However, their form varies from bungalows, chalet style dwellings to two storey dwellings. In most cases, the dwellings are of a modern design and appearance, and are constructed from brick or rendered blocks. However, the specific type of brickwork and roof materials varies greatly. In general, I am therefore of the view that there is not a specific design or form of building that would dictate the appearance of the buildings that are proposed for the site.

In essence I am satisfied that the proposed dwellings and garages are of a design and general appearance that respect the visual amenities of the area and harmonise with the character of the area. The proposed buildings are to be faced in brickwork and roof tiles, as are the majority of dwellings within the vicinity of the site. However, the use of red bricks and red roof tiles is not considered appropriate, given that the majority of the dwellings within the existing estate feature brown roof tiles and brown, tan or yellow bricks. This matter will be addressed by means of a suitably worded planning condition.

All of the proposed dwellings (with the exception of the two bungalows) are two storeys in height and hence reflect the height of the majority of local houses. The proposed scheme does not feature a three storey building, unlike the previous scheme, an issue which lead to the refusal of the planning application and the dismissal of the appeal. It should also be noted that the scheme does not feature any linked dwellings, unlike the previous scheme, although this issue did not form a specific reason for the refusal of the previous application or the dismissal of the appeal.

Layout/Density

The application site is approximately 0.75 hectares in area. The scheme proposes 25 residential units. Accordingly the density of the site is calculated at being 33 dwellings per hectare. This figure is deemed to be acceptable, although it is recognised that no residential density standards applicable in Wales, as exist in England. (This has been the subject of confusion by some residents with regard to the previous application).

It should again be noted that the Planning Inspector did not find that the erection of 30 dwellings on the site was unacceptable in density terms. It is therefore assumed that Councillors will now accept that the lower figure of 25 dwellings will be acceptable.

In coming to the view that the density levels of the site are acceptable I am also mindful that each of the proposed dwellings is served by an adequate number of parking spaces and garden/amenity areas.

The siting and orientation of the proposed buildings is also deemed to be acceptable in visual terms as they have a satisfactory relationship with the highway serving the site and one another. The layout of the proposed scheme is considered to be an improvement on the layout of the previous scheme, which was a cause of concern for the Planning Inspector. In essence, the proposed scheme no longer proposes any areas of communal parking, with all houses having a strong relationship with the access road serving the site. Therefore, it is considered that given the constraints of the site (imposed by its shape), the general layout of the scheme is acceptable.

Impact on local residents

I am satisfied that the proposed dwellings and garages will not impact on the living conditions of neighbouring/local residents to such an extent that warrants the refusal of the application.

The separation distances between the habitable room windows of proposed and existing dwellings are deemed to be acceptable. In making this assessment, the horizontal and vertical differences between opposing dwellings is a consideration. With the exception of Plots 3-7, 21 and 25, there will be a minimum separation distance of 21m between the habitable room windows of proposed and existing dwellings.

A marginally lower separation distance of 20m exists between Plot 7 and the conservatory located to the rear of 64 The Oaks. However, given that the dwelling on Plot 7 and 64 The Oaks do not face directly towards one another, with the existing dwelling being orientated at an angle to the rear elevation of Plot 7, this separation distance is also considered acceptable. It should also be noted that the occupier of 64 The Oaks has not objected to the application.

The dwellings proposed for Plots 3-7 lie to the rear of Nos 65-68 The Oaks. The existing dwellings in The Oaks are elevated some 1m above the application site, with their gardens being retained by means of a retaining wall. The overall height of this wall (including its retaining element) is approximately 2.0m. In order to prevent overlooking from the rear gardens of these existing dwellings into the rear gardens of Plots 3-7 (and vice versa) the applicant has suggested that a ‘screening structure’ (fence or wall) be erected along this common boundary. This screening structure will extend above the height of the existing stone boundary wall by approximately 0.9m, although full details of this structure have not yet been received. The use of such a structure is considered acceptable in principle and will be dealt with by means of a suitably worded planning condition.

The dwellings to be constructed on Plots 3-7 do not feature first floor habitable room windows within their rear elevations. However they feature ground floor habitable room windows within their rear elevations. These ground floor windows lie within 15.5-17.5m of the conservatories built on the rear elevation of Nos 65-67 The Oaks. However, the ‘screening structure’ described above will prevent any views from the rear ground floor windows of the proposed dwellings into these conservatories.

It is acknowledged that the rear ground floor habitable room windows at Plots 3 and 4 lie approximately 19.5m from the rear first floor windows of 67 The Oaks. However, given that 67 The Oaks is already elevated above the application site by approximately 1m and that this separation distance exists between ground and first floor windows, this distance is also considered to be acceptable

Plot 21 looks onto 6 Claremont Drive. The dwelling proposed for this plot features rear habitable room windows at ground floor and first floor. The orientation of 6 Claremont Drive is such that side elevation of its extension faces towards and is approximately 14m of the rear elevation of Plot 21. This extension features a ground floor habitable room window within its side elevation. However, there are a row of conifer trees planted within the rear garden of the dwelling. These trees are approximately 7m in height and hence will not allow any overlooking to occur between 6 Claremont Drive and the proposed dwelling on Plot 21. The occupiers of 6 Claremont Drive have not objected to the proposal

The dwelling to be erected on Plot 25 backs onto 81 Ty Llwyd Parc. The proposed dwelling does not feature any first floor habitable room windows within its rear elevation. It does however feature a ground floor habitable room window within its rear elevation. This window lies approximately 17m from the rear windows located within the rear elevation of 81 Ty Llwyd Parc. However as the existing and proposed dwellings do not face directly towards one another due to their respective orientations, this separation distance is considered acceptable.

Those houses which feature rear or front elevations which look directly towards neighbouring properties are set such a distance from the common boundaries with these properties (minimum of 10m in most cases with the exception of Plot 24 where there is a distance of 7.5m) that unacceptable levels of overlooking onto existing garden areas and subsequent loss of privacy will not occur.

It is accepted that the erection of some of the proposed buildings will result in some of the existing neighbouring properties experiencing a sense of enclosure, loss of light or overshadowing. However it is considered that the sense of enclosure, level of light lost or the level of overshadowing that would occur would be insufficient to warrant the refusal of the application on such grounds. In coming to this view I have taken into account the proximity and siting of the proposed dwellings relative to existing dwellings and the orientation of existing dwellings/gardens. In this respect it should be noted that the Planning Inspector did not find that the previous scheme resulted in the proposed buildings being so oppressive to local residents as to be unacceptable, even though some of the dwellings featured within the previous scheme were sited only 1m off the common boundary with existing properties.

It is accepted that the construction phase of the scheme will be likely to give rise to noise, disturbance and the creation of dust, to the detriment of local residents. This is not unusual with the development of most sites, albeit on a temporary basis.

It is also recognised that the dwellings, when occupied, will give rise to increased levels of noise and general disturbance. However, the levels of such will not (providing occupiers behave in a socially responsible manner) be great enough to warrant the refusal of the application. In this regard, Members are reminded that the site already has outline planning permission for residential development.

Loss of open space/Loss of habitat

Several letters of objection received from local residents complain that the development of the site will result in a loss of a green space/amenity area. In response to this the following comments are made.

The site is privately owned land. It does not constitute an area of public open space nor a recreational facility. There is no evidence of any protected species or habitats being present within the site. In this regard I am mindful that neither the Environment Agency nor the Council’s Countryside Officer raised any objection to the application. The majority of the site is specifically allocated for the purposes of residential development within the Merthyr Tydfil Borough Local Plan. The entire site is also specifically allocated for residential development in the deposit LDP. More importantly, the site has recently been granted outline planning consent for residential development. Accordingly the principle of developing the site is already established.

Impact on Right of Way

The applicant is aware that a Claimed Right of Way traverses the site. The proposed highway follows the approximate position of this Right of Way for its duration. Nevertheless, if the route of the Claimed Right of Way is to be altered then the applicant would need to contact the Council’s Rights of Way section for advice. In this respect it should be noted that the Rights of Way Section have not raised any objection to the application.

Other Issues

The relevant points of objection listed in the Publicity Section of the report have been addressed above. The remaining points of objection are addressed in sequence below.

7. I have had no objections from the Council’s Drainage Section, Welsh Water or Western Power Distribution. On this basis I can only assume that the local sewerage system, water supply and electricity supply is capable of serving the requirements of the proposed dwellings.

11. This is a civil matter that would need to be resolved between the parties concerned. It does not constitute a material planning consideration.

12. The Council is unable to insist that the developer imposes covenants on the plots to address these issues. The use of such covenants rests with the applicant.

Any breaches of planning control (operating a business from a house or unauthorised erection of a satellite dish) can however be dealt with by the Town Planning Division in the normal manner.

14. There is a large area of open land located approximately 80m to the south-west of the application site which is currently used by local residents (accessed off The Hollies).

The deposit LDP has had regard to the Children and Young People’s Plan. This open area of land (accessed off The Hollies) is designated in the deposit LDP as ‘Open Space Protected for Informal Recreation and Amenity’. The deposit LDP does not however require that the application site make any provision for open space. Furthermore, it should be noted that the Planning Inspector did not dismiss the fore- mentioned appeal on such grounds.

15. This matter will be dealt with my means of a suitably worded planning condition.

CONCLUSION

In summary I am satisfied that the current planning application is acceptable. The Head of Engineering has not raised any objection to the application and hence it is considered to be acceptable in highway terms. I am also satisfied that the design, general appearance and layout of the scheme is such that it would not harm the character of the surrounding residential development. I am also of the view that the proposed buildings will not adversely impinge on the living conditions of local residents to such an extent that warrants the refusal of the application.

Therefore, as I find the scheme to be acceptable I make the following recommendation.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. Notwithstanding the details illustrated in Drwg No PL-03 Rev B, details of the roofing materials and the finishes to the external walls of the dwellings and garages hereby approved shall be submitted to and approved by the Local Planning Authority in writing BEFORE development commences on site, and all works carried out shall be in accordance with such approved details.

Reason - In the interests of visual amenity.

2. The driveway to the plot(s) and other car parking spaces shall be laid out at a gradient of not greater than 1 in 8 (12.5%) and surfaced in tarmacadam, concrete or an alternative durable material prior to the occupation of the dwelling(s) to which they relate. The parking spaces (including garage spaces) indicated on the approved drawings shall be solely used for the parking of vehicles at all times thereafter.

Reason - To safeguard highway interests and to ensure adequate off-street parking provision.

3. Notwithstanding the details illustrated in Drwg No PL-04 Rev B, the boundary treatments to the proposed development shall be erected prior to the occupation of the dwelling(s) in accordance with revised details to be submitted to and approved in writing by the Local Planning Authority before works commence on site. The approved boundary treatments shall be retained as such at all times thereafter.

Reason - In the interest of the visual amenity of the area and the privacy of occupiers of adjoining properties.

4. BEFORE works relating to the dwellings hereby approved commence on site details of the means of foul and surface water drainage shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the occupation of the dwelling(s).

Reason - To ensure the development meets with current drainage/engineering requirements.

5. BEFORE works relating to the dwellings hereby approved commence on site details of full constructional and facing materials details of any necessary retaining walls which exceed 1 metre in height shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the occupation of the dwelling(s).

Reason - To ensure the development meets with current drainage/engineering requirements.

6. Notwithstanding the details illustrated in Drwg No PL-07 Rev B, no development shall take place until there has been submitted to and approved by the Local Planning Authority a revised scheme of landscaping. Where applicable it shall indicate all existing trees and or/hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years .

Reason - To ensure the development contributes towards the landscape quality and appearance of the site and surrounding area.

7. The landscaping scheme as approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. 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 other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and maintained in a satisfactory manner.

8. No clearance of trees or vegetation shall take place between the 1st March and 31st August (inclusive) in any year, unless expressly authorised in writing by the Local Planning Authority.

Reason - To protect breeding birds.

9. No development shall take place until the applicant, or their agents or successors in title, 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 in writing by the Local Planning Authority.

Reason - To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

10. Construction works shall be carried out only between the hours of 8.00am to 7.00pm Mondays to Fridays and 8.00am to 2.00pm on Saturdays. Construction works shall not be carried out at any time on Sundays nor Public Holidays.

Reason - To protect the amenities of occupiers of nearby dwellings.

11. Prior to the commencement of any construction works, a Japanese Knotweed Control Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Japanese Knotweed Control Strategy as may be approved by the Local Planning Authority shall be implemented in full prior to the commencement of construction works.

Reason - To prevent the spread of the highly invasive species.

12. Prior to the commencement of construction works on site a scheme shall be submitted to and approved in writing by the Local Planning Authority, showing a method of wheel cleansing for all vehicles leaving the site. The wheel cleansing apparatus shall be operational at all times when vehicles are using the site and shall remain in place until such time as the proposed development is completed or an agreement is reached with the Local Planning Authority that the apparatus is no longer required.

Reason - In order to keep the roads surrounding the site clean in the interests of highway safety.

13. Visibility splays of 2.4m by 70m to the west and 2.4m by 26m to the east shall be provided at the junction of the new access road with the existing public highway before any of the dwellings hereby approved are brought into beneficial use. These visibility splays shall be kept free of any structure or vegetation exceeding 0.9 metres in height at all times thereafter.

Reason - In the interest of highway safety.

14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Article 3, Schedule 2, Part 1, Classes A or B (or any Order revoking and re-enacting that Order) no enlargements, improvements or other additions to the dwellings hereby approved shall be carried out without the prior submission of a planning application for the consideration of the Local Planning Authority.

Reason - Having regard to the restricted nature of the site and the need to assess the potential effect of any future extensions or other improvements on the residential amenity of occupiers of neighbouring properties.

15. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995, Article 3, Schedule 2, Part 1, Class E (or any Order revoking and re-enacting that Order) no garages shall be erected (other than those expressly authorised by this consent).

Reason - To ensure a co-ordinated layout and effective control over the future erection of garages on the site in the interest of the visual amenity of the area.

INFORMATIVES

1. The Developer is advised to check and confirm the positions of all boundaries BEFORE construction works commence.

Any discrepancies or problems of interpretation of boundary lines shall be resolved amongst all interested parties BEFORE works commence.

Failure to comply with this information could lead to civil action being brought against the developer by aggrieved parties.

2. The developer is advised to seek appropriate legal advice if the development to which this application refers involves either:-

i) work on an existing wall shared with another property; ii) new building on the boundary with a neighbouring property; or iii) excavating near a neighbouring building.

as these works may fall within the scope of the Party Wall Act 1996 and may require statutory notices to be served on affected owners.

3. The developer is advised to ensure that the foundations of the development hereby approved are adequately designed to take account of any differential settlement resulting from underground mine workings.

4. The applicant is advised to contact the Council's Rights of Way section for advice regarding the Claimed Right of Way that crosses the site.

5. The applicant is advised to contact the Council's Countryside Officer if any wildlife is found on site during construction works.

6. The applicant is advised that details of a method of screening which extends above the existing wall located along the rear boundaries of Plots 3-7 will be required as part of Condition 3.

------

Application No. Date Determining Authority P/09/0090 3rd April 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Renewal of planning consent Prospect Bungalow Mr E Thomas 05/0653 (Residential Slip Road c/o Drawing And development - 5 houses) Cwmblacs Surveying Services Merthyr Tydfil 3 Thornbury Close Clwydyfagwr Merthyr Tydfil CF48 1HP

APPLICATION SITE

The application relates to land adjacent to Prospect Bungalow, Cwmblacks. The site is irregular in shape and has an area of approximately 0.5 hectares. The application site is relatively flat in profile, whilst access to the site is gained directly off the A4060 (Slip Road).

PROPOSED DEVELOPMENT

The application seeks renewal of planning permission 05/0653 for outline planning consent to erect 5 dwellings on the application site. All matters are reserved for future considerations. Accordingly, it is just the principle of utilising the site for residential purposes that needs to be considered at this time.

PLANNING HISTORY

The relevant planning history is detailed below:

P96/0441 Erection of stable block (Full) Granted planning consent subject to conditions, 28 November 1996

P/05/0250 Detached dwelling (Outline) Granted planning consent subject tot conditions, 20 June 2006

P/05/0653 Residential Development (Outline) 5 Houses Granted planning consent subject to conditions, 25 April 2006

CONSULTATION

The following bodies were consulted and their responses are presented below:

Head of Engineering - No objection subject to conditions

Environmental Health - No objection

Environment Agency - No objection

National Assembly Highways - No objection

Wales and West Utilities - No objection

Western Power - No objection

Dwr Cymru Welsh Water - No objection

PUBLICITY

In accordance with the Town & Country Planning (General Procedure Development) Order 1995, a site notice was displayed within the vicinity of the site and a Press Notice was published in the Merthyr Express.

No letters of objection were received following this publicity exercise.

POLICY CONTEXT

The application site is located within the ‘Settlement Boundary’ as defined by the Merthyr Tydfil Borough Local Plan. Accordingly the relevant Development Plan Policies pertaining to the determination of this application are Policy H3 of the Mid Glamorgan (Merthyr Tydfil Country Borough) Replacement Structure Plan 1991-2006 and Policy H2 of the Merthyr Tydfil Borough Local Plan.

The site also lies within the ‘Settlement Boundary’ of the deposit LDP.

In addition, on the basis that this application relates to the renewal of a planning consent, the advice contained within Welsh Circular 35/95 (Use of Conditions) is of particular relevance to the determination of this application.

PLANNING CONSIDERATIONS

The advice contained within Welsh Circular 35/95 clearly states that renewal applications should only be refused in the following circumstances;

1. There has been a material change in planning circumstances since the previous permission was granted.

2. The continued failure to begin the development will contribute unacceptable to uncertainty about the future pattern of development in the area.

3. The application is premature because the permission still has a reasonable time to run.

In essence it is considered that the above criteria do not apply to this application.

There has not been a material change in planning circumstances since the parent consent (05/653) was granted on the 25 April 2006. Site circumstances are the same or very similar to what they were at that time, and the same Development Plan Policies apply. The site also falls within the ‘Settlement Boundary’ of the deposit LDP.

It is acknowledged that the site has had outline planning consent for over three years without development works actually commencing. However, it is considered that this absence of development on the site has not contributed to uncertainty about the future pattern of development in the area.

The application was submitted to the Town Planning Division on the 3 April 2009, less than a month before the expiration of the parent planning consent. The application subject of this report cannot therefore be said to have been submitted prematurely.

Accordingly, after having regard to the advice contained within Welsh Circular 35/95, it is considered that the application should again be approved subject to the same conditions that formed part of the previous consent.

Accordingly the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. Details relating to the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site shall be submitted to and approved by the Local Planning Authority BEFORE works commence on site.

Reason - The condition is imposed in accordance with Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

i) existing and proposed site levels including full cross sectional drawings;

ii) proposed slab or floor levels of all buildings to be erected together with relative yard, ridgeline and highway levels and those of adjacent buildings;

iii) the means of foul water and surface water drainage;

iv) the position height and material of all walls, fences and other means of enclosure;

v) full constructional and facing material details of any retaining walls over 1 metre in height.

Reason - To ensure a satisfactory standard of development and protect local amenity interests.

3. The layout scheme shall allow for a minimum of 2 No. off street car parking spaces for each dwelling.

Reason - To ensure the parking needs of the development are adequately met at all times.

4. The layout scheme of the development shall be so designed as to ensure a minimum distance of 21 metres between windows of habitable rooms in existing or proposed dwellings.

Reason - To protect residential amenity.

5. The existing access shall be improved for a distance of at least 25 metres from the edge of the trunk road carriageway, over which it shall not exceed a gradient of 2.5% (1 in 40).

Reason - In order to preserve the free flow and safety of trunk road traffic

6. The access shall have a width of at least 6 metres for the first 25 metres with entry and exit radii of 10 metres. The access shall be constructed to appropriate standards with either concrete or bituminous surfacing for the first 25 metres from the running edge of the carriageway.

Reason - In order to preserve the free flow and safety of trunk road traffic

7. The minimum visibility distance available for vehicles emerging from the access shall be 295 metres to the right at a height of 1.05 metres measured to a point 0.26 metres above the nearer running edge of the carriageway. The visibility distance shall be available at a point 2.4 metres from the running edge of the trunk road, and all intervening points up to the running edge of the trunk road carriageway. The visibility splays formed shall be free of any growth or obstruction which would interfere with the minimum visibility requirement.

Reason - In order to preserve the free flow and safety of trunk road traffic

8. Adequate provision shall be made within the development site to enable the largest vehicle likely to use the site, e.g. refuse vehicle, to turn around so that it might enter and leave the site in a forward gear.

Reason - In order to preserve the free flow and safety of trunk road traffic

9. The improved access visibility requirements shall be substantially complete and available for use prior to the commencement of any work associated with the development.

Reason - In order to preserve the free flow and safety of trunk road traffic

10. No drainage from the development site shall be connected or allowed to drain into the trunk road drainage system, and the improved access shall be constructed such that the access surface water does not drain onto the trunk road.

Reason - In order to preserve the free flow and safety of trunk road traffic

11. Any works undertaken within or forming part of the trunk road shall meet the requirements of Section 184 of the Highways Act 1980 and shall only be commenced with the specific agreement of the National Assembly for Wales, as trunk road highway authority.

Reason - In order to preserve the free flow and safety of trunk road traffic

12. NO DEVELOPMENT shall take place until a structural design certificate, completed and signed by a Chartered Engineer, and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The Certificate shall certify that appropriate site investigations have been carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.

Reason - To ascertain the stability of the site and to determine the structural suitability of the development thereon in view of prevailing ground conditions.

13. The scheme as approved in Condition 12 above shall be fully incorporated in the design and construction of the proposed development.

Reason - To ensure that no development is undertaken which may be prejudiced by existing ground conditions.

INFORMATIVES

1. The developer is advised to ensure that the foundations of the development hereby approved are adequately designed to take account of any differential settlement resulting from underground mine workings.

------

Application No. Date Determining Authority P/09/0120 6th May 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of extension to Delmont Mr M Aspinall outbuilding and conversion of Dowlais Stables c/o Drawing And resultant outbuilding to living Dowlais Surveying Services accommodation, garage, garden Merthyr Tydfil 3 Thornbury Close store, and other minor external CF48 2AJ Clwydyfagwr alterations Merthyr Tydfil CF48 1HP

On 1 st July 2009 Committee resolved to defer a decision on this planning application pending a Fact Finding Site Visit. This Fact Finding Visit took place on the 14 th July 2009 at 2.15pms.

No additional concerns were formally raised by Committee members during this Fact Finding Site visit. Accordingly, given the absence of any new issues which may change my officer’s advice, I again RECOMMEND that this application is APPROVED .

COMMITTEE’S DECISION IS REQUIRED

A copy of the original report to Committee is reproduced below for convenience:

APPLICATION SITE

The application relates to an outbuilding located within the curtilage of Delmont. The site is located within Dowlais Conservation Area and access is achieved through the courtyard of the Grade II Listed Dowlais Stables.

The outbuilding is located alongside the north-eastern fringe of the site and adjoins the curtilages of 25-28 Stables Court and Stables House. The building appears to be part of the original Dowlais Stables courtyard, however demolition of adjacent buildings have caused it to be separated from the principal Grade II Listed Building.

The exterior of the building is of rock-faced rubble stone, painted white with two uPVC windows to its frontage, an entrance to the centre while a bricked up doorway exists to the left side of the elevation. A small court adjoins the left side elevation of the building which accommodates an opening for parked vehicles. This courtyard is 9.5m wide and 6.4m deep. The building itself is currently used as a workshop.

PROPOSED DEVELOPMENT

Full planning consent is sought to extend this outbuilding into its adjoining courtyard. The extent of this extension will effectively ‘roof’ the existing courtyard area while using an existing opening to provide a garage door. The proposed roof will form a continuation of the roof serving the existing outbuilding and will be 5.5m in height. The internal alterations to the resultant building will accommodate two lounges, two washrooms, a study, attic storage, a garage and a garden store. Four rooflights are proposed on the front roof elevation of the outbuilding.

During the consultation period, the proposed scheme was amended twice. The first amendment included a change in function of a ground floor building from ‘kennels’ to ‘garden store’. The second amendment included the removal of four rooflights from the rear of the building.

PLANNING HISTORY

There is no relevant planning history that needs to be considered in determining this application.

CONSULTATIONS

The following groups and organisations were consulted as part of the application process and their comments are listed below:

Head of Engineering: No objection.

Glamorgan Gwent Arch’ Trust The application is within a registered Landscape of Outstanding Historic Interest. The proposals should have regard to this.

Head of Public Protection No Concerns on the usage of kennels, and would recommend measures for the applicant to reduce odour and noise problems encountered with the kennels. Since the function of the kennels had been changed to a garden store, it is considered that this concern is now irrelevant.

Welsh Water No response

PUBLICITY AND THIRD PARTY RESPONSES

In accordance with the Town & Country Planning (General Procedure Development) Order 1995, individual neighbour notification letters to the occupiers of 24-29 Stables Court, Stables House and Brynteg on the 7 th May 2009, and on the 28 th May 2009 as part of the re- consultation process. Two site notices were also displayed within the vicinity of the site on the 13 th May 2009 and the 28 th May 2009.

A number of objections were received in response to the original advertisement of the application and these are summarised as follows:

A petition of 42 signatures was submitted citing concerns about the proposed change of the area for use as a kennels giving rise to issues such as noise and smell. There were also worries about the close proximity of any new buildings to a ‘Heritage Trust Protected Wall’ which may be weak and unstable and the adherence of Conservation Area guidelines. The petition also sited the devaluation of properties, the loss of views, privacy and sleep as reasons for refusal.

A neighbour living adjacent to the proposals voiced additional concerns as to the number of rooflights to be installed which may impinge on the privacy of their property. Concerns were also raised as to the potential commercial use of the kennels room and the rise in traffic within Dowlais Stables.

In addition to the above concerns an adjoining neighbour had raised worries as to whether the development would set a precedent in the area as well as personal loss of views.

Supplemental to the above representations, identical submissions were received from 9 neighbours encompassing some of the above mentioned concerns.

Following the re-advertisement of the proposals which contained the change in function of part of the building room from ‘kennels’ to ‘garden store’ and the omission of a number of rooflights, five representations were received from neighbouring residents.

The concerns acknowledged that the site would no longer be used as private kennels, though reiterate a number of previous concerns such as views, privacy and the curtilage wall. Additional questions were asked as to whether the proposals are in keeping with the area, whether the use is adequate for the building and the damage to trees.

POLICY CONTEXT

The below listed policies are relevant in the determination of this application:

Planning Policy Wales (2002)

Section 6.5 recognises the importance of protecting the historic environment. Paragraph 6.5.15 states that there should be a presumption against granting planning permission for any proposed development which conflicts with the objective of preserving or enhancing a Conservation Area.

Welsh Office Circular 61/96 “Planning the Historic environment”

Part 2 Para 30 states that new buildings in a Conservation Area must be designed with respect to its context as part of its well established character.

Mid-Glamorgan (Merthyr Tydfil County Borough Council) Replacement Structure Plan (1991- 2006)

Merthyr Tydfil Borough Local Plan (1991-2006)

Policy BH2 of the adopted plan states that development proposals affecting Conservation Areas will be permitted where shown that the proposal does not have an unacceptable impact on the Conservation Area and its siting, design, scale and materials respect its setting.

Local Development Plan (2006-2021)

PLANNING CONSIDERATIONS

Change of use to Kennels

The originally submitted proposals indicated that a room accessed from the front of the outbuilding would be used as ‘Private Kennels’. This had given rise to a number of objections including concerns about odours, noise, a potential commercial use, increases in traffic movements and the devaluation of nearby properties. Although the latter concern is not a planning consideration, it is considered that residents’ objections to this use are based on a misinterpretation of the proposals. A separate planning consent would be required should the proposal entail commercial use, while it is unlikely that a kennel of the specified size will give rise to smell issues.

Following the receipt of the objections listed in the ‘Publicity’ section of this report, the proposal was subsequently amended to the effect that the ‘Garden Store’ replaced the ‘Private Kennels’. This resolves a number of issues on which objections were submitted and the new proposed function is deemed appropriate as incidental to the enjoyment of the principal dwelling.

Extension of the roof elevation

A roof construction is proposed over the existing courtyard area in order to provide a garage and garden store area. This will effectively be an extension to the roof of the outbuilding placed upon the existing stone masonry external walls. The roof will be constructed of artificial slate to match existing materials.

Objections were received stating that the extension of the existing roof will affect views of residents of Stables Court while roof lights installed within the roof pane are alleged to impinge upon the privacy of residents’ gardens and reflect light into neighbouring properties at night. Although the loss of views is not considered to be a planning consideration, the original proposals are considered to affect the amenity of the adjoining properties, as roof lights within the rear roof plane would cause an element of overlooking onto neighbouring land. For this reason, the scheme was amended so that these roof lights were omitted. The amended scheme is therefore not considered to be detrimental to the privacy of local residents.

Transport Considerations

Submissions from local residents stated that the proposals would cause more traffic movements within Dowlais Stables, which provides access for the site. This may detrimentally affect the setting of a Grade II building.

It is considered that the proposed development is an extension of the living space of Delmont, and there is unlikely to be a significant increase in traffic movements as a result of this application. The Head of Engineering has not objected to the application.

Character and Setting of the Conservation Area

It is considered that the character and setting of the Conservation Area will not be adversely altered as a result of these proposals. The materials used will respect the character of the outbuilding, and the proposals will bring into beneficial use a decaying building which does not appear to be used as present. The plans show that the stone walls around the site will be utilised in order to house the roof, and as such, will not result in any kind of demolition.

Damage to trees and walls

It is considered that there is a minimal chance of damage to trees as the proposals do not involve the construction of new walls which may affect the roots of trees. In addition, it is considered that the proposed extension to the roof will provide for sufficient sunlight during daytime hours to trees and the gardens of 25 and 26 Stables View. As such, there shall not be a significant loss of light resulting from these proposals.

The proposals to use the curtilage walls as external walls for an extension may put additional pressure onto them. This, however, is a consideration for any subsequent application for Building Regulations Approval.

CONCLUSION

It is considered that the proposals will not be detrimental to the character and setting of the Conservation Area. Furthermore, the proposals have been amended to take account of residents’ concerns over amenity and usage. It is therefore considered that the objections to the proposals provide insufficient reason for refusal. Accordingly, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The development hereby approved shall NOT be carried out other than in accordance with the AMENDED PLANS dated 5th June 2009.

Reason - To ensure compliance with the approved plans and clearly define the scope of this permission.

(i) The roof finishes shall comprise of natural slate or stone tiles of a style and finish to match the existing property.

(ii) All doors, fascias, soffits and windows shall be constructed in seasoned timber or oiled hardwood.

(iii) The exterior elevations of the extension shall be finished in pointed stone to match original finishes.

(iv) All skylights installed on the building are to be of Conservation Skylight style.

Reason - In the interest of visual amenity ------

Application No. Date Determining Authority P/09/0145 26th May 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Installation of book deposit box Dowlais Library Dowlais Library Church Street c/o Merthyr Tydfil County Dowlais Borough Council Merthyr Tydfil Property Services CF48 3HS Ty Keir Hardie Riverside Court Avenue De Clichy

APPLICATION SITE

The application relates to the Grade II Listed Library. The site lies in Dowlais, approximately 1 mile to the north east of Merthyr Tydfil Town Centre. The building is located on the corner of Church Street and Upper Union Street opposite the Church of St John, and is within Dowlais Conservation Area.

Dowlais Public Library was built between 1903 and 1907 as a free public library. The building is dressed in rock faced Pennant stone with red Alveley sandstone dressings. The building is listed as an Edwardian public building in a 17 th Century architectural detailing with good remaining Art Nouveau carved elements.

PROPOSED DEVELOPMENT

Full Planning Consent is sought for the installation of a book deposit box into the exterior wall of Dowlais Public Library. The proposed deposit box will be located on the northern elevation of the building to the bottom right-hand side of its frontage. The proposed box will consist of a steel plate, painted in black approximately 1000mm by 750mm. This will replace an existing corroded steel plate of a similar size. The plate will house a letterbox flap approximately 120mm by 431mm with a handle projecting out by 64mm. Text on the plate will be gold in colour.

No additional exterior alterations are proposed as part of the proposals. No interior alterations will be necessary, other than the creation of space required to house a box to store book deposits.

PLANNING HISTORY

The relevant planning history that needs to be considered in determining this application is detailed below:

P/07/0465 Erection of single storey rear extension and lift shaft Listed Building Consent Approved, November 2007

P/07/0466 Erection of single storey rear extension and lift shaft Planning Permission Approved, November 2007

CONSULTATIONS

The following consultees were consulted as part of the application process and their comments are listed below:

Head of Engineering - No objection Welsh Water - No response

PUBLICITY AND THIRD PARTY RESPONSES

In accordance with the Town & Country Planning (General Procedure Development) Order 1995, individual neighbour notification letters to the occupiers of the Constitutional Club, Upper Union Street on the 2 nd June 2009 and a site notice was also displayed within the vicinity of the site on the 3 rd June 2009. No objections were received in response to this publicity.

POLICY CONTEXT

The below listed policies are relevant in the determination of this application:

Planning Policy Wales (2002)

Welsh Office Circular 61/96 “Planning the Historic Environment”

Part 1 Para 11 requires local planning authorities considering applications for works which affects listed buildings to have regard to its character and setting.

Mid-Glamorgan (Merthyr Tydfil County Borough Council) Replacement Structure Plan (1991- 2006)

Merthyr Tydfil Borough Local Plan (1991-2006)

Local Development Plan (2006-2021)

Though at the Deposit stage, it is considered that the Local Development Plan for Merthyr Tydfil is a material planning consideration that must be taken into account. Policy BW6 states that proposals must not have an unacceptable impact on the setting of any Listed Building or Structure.

PLANNING CONSIDERATIONS

Use

The proposed use of the area as a book deposit box is wholly in accordance with the primary use of the building as a Public Library. In addition, the proposals will bring into beneficial use a redundant side of the historic building.

Materials

The proposed materials are identical to those currently in use on the side elevation of the building. The replacement of a corroded steel plate with a galvanised black steel plate with gold writing would complement the colour of existing ventilation hatches to the side of the building while it’s siting and size is identical to that which will be replaced.

Transport Considerations

With the introduction of a book deposit box, it is considered that there shall be no additional traffic movements as a result of the development while sufficient parking for the use of the facility may be achieved on Upper Union Street and Church Street.

CONCLUSION

It is considered that the materials used and the use of the proposals is wholly appropriate in the context of this Listed Building. Therefore, in the absence of any objection to the proposals the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITION:

1. BEFORE works commence details of external and internal fixtures to secure the book deposit box shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.

Reason - To protect the fabric of the listed building.

------

Application No. Date Determining Authority P/09/0146 26th May 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

APPLICATION SITE

PROPOSED DEVELOPMENT

Listed Building Consent is sought for the installation of a book deposit box into the exterior of Dowlais Public Library. The proposed deposit box will be located on the northern elevation of the building to the bottom right-hand side of its frontage. The proposed box will consist of a steel plate, painted in black approximately 1000mm by 750mm. This will replace an existing corroded steel plate of a similar size. The plate will house a letterbox flap approximately 120mm by 431mm with a handle projecting out by 64mm. Text on the plate will be gold in colour.

No additional exterior alterations are proposed as part of the proposals. No interior alterations will be necessary, other than the creation of space required to house a box to store book deposits.

PLANNING HISTORY

The relevant planning history that needs to be considered in determining this application is detailed below:

P/07/0465 Erection of single storey rear extension and lift shaft Listed Building Consent Approved, November 2007

P/07/0466 Erection of single storey rear extension and lift shaft Planning Permission Approved, November 2007

CONSULTATIONS

The amenities societies were not consulted as part of the Listed Building Consent Process as the development does not involve demolition or partial demolition of a building or structure.

PUBLICITY AND THIRD PARTY RESPONSES

In accordance with the Town & Country Planning (General Procedure Development) Order 1995, a site notice was displayed within the vicinity of the site on the 3 rd June 2009 and a press notice was displayed in the local newspaper on the 11 th June 2009. No third party responses were received in response to this publicity.

POLICY CONTEXT

The below listed policies are relevant in the determination of this application:

Planning Policy Wales (2002)

Welsh Office Circular 61/96 “Planning the Historic Environment”

Part 1 Para 11 requires local planning authorities considering applications for works which affects listed buildings to have regard to its character and setting.

Mid-Glamorgan (Merthyr Tydfil County Borough Council) Replacement Structure Plan (1991- 2006)

Merthyr Tydfil Borough Local Plan (1991-2006)

Local Development Plan (2006-2021)

PLANNING CONSIDERATIONS

Impact on the Character of the Listed Building

It is considered that the proposals will have minimal impact on the character of the Listed Building. The proposed materials reflect those which are currently in use by means of a steel plate. The proposals will facilitate the improvement of the exterior of the building in using a newer and galvanised black steel plate while bringing into beneficial use a redundant part of the building. The use of this area of the building as a book deposit box is wholly in accordance with the character of the Listed Building. The size of this steel plate will be identical to that which will be replaced.

Impact on the Setting of the Listed Building

The proposals are unlikely to have any significant impact on the setting of the Listed Building. The use of a black steel plate will complement the colour scheme of the side ventilation hatches to the bottom of the side elevation of the building. The steel plate will house a letterbox flap with a handle protruding out of the plate by approximately 65mm. These are proposed to be in the same colour as the plate and will not have an adverse impact on the setting of the building.

The use of gold coloured lettering will be discreet, and the colouring will be in character with the principal Listed Building and Dowlais Conservation Area. However further details would be required as to how the book deposit box is fixed to the building so as to not adversely affect the external and internal fabric of the Listed Building.

CONCLUSION

It is considered that the materials used and the use of the proposals is appropriate in the context of the setting and character of the Listed Building. Accordingly, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITION:

Reason - To protect the fabric of the listed building.

------

Application No. Date Determining Authority P/09/0163 12th June 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Canopy within school yard Treharris Nursery School Treharris Nursery School Edward Street c/o Merthyr Tydfil County Treharris Borough Council CF46 5ER Property Services Ty Keir Hardie Riverside Court Avenue De Clichy

APPLICATION SITE

The nursery school lies within the predominantly residential area of Treharris. It is noted that there are a number of small commercial businesses within the vicinity. The site is bounded to the north by the main road serving as the main vehicular access to the site, known as Edwards Street. To the south is a one way road known as Perrot Street which provides pedestrian access to the main entrance of the school. To the west are adjoining residential properties and to the east is a police station.

PROPOSED DEVELOPMENT

Full planning consent is sought for the erection of a canopy within the school’s front yard, located between the nursery building and Perrot Street. The canopy will provide shelter from the elements for children and parents.

The proposed canopy will be supported by a square frame with 4 steel posts measuring 3.5m apart. The canopy at its lowest point will measure 2m high up to an overall maximum height of 4.5m high. The corners of the canopy are situated between the supporting posts and are then elevated to create ridgelines.

PLANNING HISTORY

P/09/0058 - Erection of Canopy

Application WITHDRAWN on 19.05.2009

CONSULTATION

Head of Engineering - No objections

Head of Education - No response

Head of Estates - No response

Welsh Water - No response

PUBLICITY

In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent to adjoining properties and a site notice was displayed within the vicinity of the site.

No representations were received as a result of this publicity exercise.

POLICY CONTEXT

There are no relevant policies within the Council’s adopted Structure Plan or Local Plan pertaining to this type of development. Therefore this application falls to be determined on its own merits.

PLANNING CONSIDERATIONS

The canopy is intended to be erected to provide shelter from the sun and rain for children and parents using the site. As such the most suitable location is within the playground to the front of the building that fronts onto Perrot Street. Due to the design of the nursery building with its elongated windows, it is difficult to attach a canopy to the building without adversely affecting the external fabric and character of the building. A scheme was previously submitted (Ref: P/09/0058) illustrating a flat roof canopy attached to the front elevation of the building. This application was subsequently withdrawn due to its inappropriate design.

The proposed scheme now illustrates a freestanding canopy located at the centre of the play area. The canopy is of a modern design with a wavy roof covering and will be yellow and green in colour. Whilst it would not directly compliment the historic character of the building, its does support the character of a nursery or school where often features of interesting shapes and colour are associated. It is noted that the school has been subjected to a number of alterations to the original fabric of the building and is not afforded any special protection from any listings.

It is considered that the canopy will not have an adverse impact on the character of the building and indeed the canopy could easily be removed without detriment to the nursery building. A boundary wall of approximately 2m high encloses the play area from the main highway and the canopy will be setback approximately 7m from this boundary. As such it is considered that the proposed canopy would not have an adverse impact on the visual amenity of the area.

The canopy is to be supported by four steel posts set at 3.5m apart with at least a 2m head height clearance. The canopy can be easily accessed from either the main pedestrian entrance off Perrot Street or through the main building. It is considered that the canopy is of an acceptable design and will not prohibit existing access within the play area.

The proposed canopy is considered acceptable in planning terms and the following recommendation is therefore made.

RECOMMENDATION: BE APPROVED

------

Application No. Date Determining Authority P/09/0165 15th June 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of two storey and first 42 Trevithick Gardens Ms M Hodgson floor side extension and erection Merthyr Tydfil c/o Viv Jones of single storey rear extension CF47 0RP 114 Brecon Road Hirwaun RCT CF44 9NS

APPLICATION SITE

This application relates to a modern end of terrace property within Trevithick Gardens. The site is bounded to the northeast by an adjoining residential property, to the southeast is a block of detached garages and to the northwest and southwest is the main road serving the site.

PROPOSED DEVELOPMENT

Full planning consent is sought for the erection of a part two storey and part first floor side extension and single storey rear extension.

The proposed two storey extension will be built at the front of the existing garage and will measure 3.9m wide, 3.4m deep and 6.8m high with a hipped roof. The extension will be setback 2.2m behind the front elevation and 0.3m below the ridgeline of the host dwelling.

The proposed first floor extension will be built above part of the existing side garage and will measure 3.9m wide, 2.9m deep and 6.8m high from the ground level with a hipped roof. It is noted that the first floor extension forms part of the overall side extension to the host dwelling and accommodates a new garage space, utility area and bedroom.

The proposed single storey rear extension will measure 4.9m wide, 2.3m deep and 3.4m high with a hipped roof. It is noted that the rear extension will be built adjoining part of the existing garage. Therefore the single storey rear extension will effectively span the full width of the property which includes the proposed side extension.

PLANNING HISTORY

There is no relevant planning history that needs to be taken into consideration in determining this application.

CONSULTATION

Head of Engineering - No objection

Welsh Water - No response

PUBLICITY

In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent out to adjoining properties.

One letter of objection was received as a result of this publicity exercise raising the following concerns:

1. The rear garden area is small and the erection of a ground floor extension immediately along the boundary fence will make the garden area even more limited.

2. The proposed works to the rear of the application site would be unsightly and will detract from the value of the objector’s property.

These are considered below:

POLICY CONTEXT

There are no relevant policies within the Council’s adopted Structure Plan nor Local Plan pertaining to this type of development. Therefore this application falls to be determined on its own merits.

PLANNING CONSIDERATIONS

Design

The proposed two storey and first floor side extension is considered to be subservient to the host dwelling in terms of its width and height. The two storey side extension is also setback from the front elevation thus retaining the original form of the host dwelling. The side extension is to be constructed with the same external finishes as the host dwelling with red facing brickwork and brown concrete tiles. As such it is considered that the two storey and first floor element of the extension will not have an adverse impact on the character of the host dwelling or the visual amenity of the area in general.

It is considered that the single storey rear extension is of an acceptable design and the use of similar materials to the host dwelling and the use of a hipped room will complement its character. Furthermore it is considered that there is adequate amenity space and the proposed rear extension will not result in an overdevelopment of the site.

Highways

Whilst the proposed two storey extension will result in the loss of some of the existing driveway a new parking space is to be provided to the front of the property in addition to the new integral garage.

The proposal is considered to not have an adverse impact on highway safety and the proposal makes provision for the required two car parking spaces. It is noted that the Head of Engineering has not raised any objections to the proposal.

Amenities

It is considered that the proposed side extension will not adversely impinge on the amenities of neighbouring occupiers in terms of overbearing impact, overlooking or overshadowing.

The proposed rear extension would project out 2.8m along the 9m side boundary fence and will have a hipped roof design. The introduction of a hipped roof helps reduces the height and mass of the extension along the site boundary. As such it is considered that the proposed rear extension will not have an overbearing impact along the boundary with the adjoining property that might otherwise result in an unacceptable level of enclosure or overshadowing.

Representations

The following comments are made on the representations received, referred to above.

1. It is acknowledged that some of the rear garden areas serving local dwellings are small. The impact of the proposal on the surrounding amenity spaces has been considered, particularly the proposed rear extension which poses the greatest impact. However, having considered the extent to which the extension runs along the adjoining garden boundary, with a hipped roof and its general design, it is considered that the proposed development will not adversely impinge on the amenities of neighbouring occupiers.

2. It is considered that the proposed development will be in character with the host building and the area in general. Any impact on the valuation of nearby properties is not a material planning consideration.

On balance it is considered that the proposal is acceptable in planning terms and the following recommendation is made.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The external elevational (wall and roof) finishes of the proposed extension shall match those of the existing structure and shall include the continuation of the existing facebrick string course on the host dwelling through the side extension hereby approved.

Reason - In the interest of visual amenity.

2. The proposed new parking space illustrated on the drawings hereby approved shall be laid out and surfaced in tarmacadam or an alternative durable material before works commence on site. The new parking space and the garage hereby approved shall be made available for the purpose of parking at all times following the completion of the proposed works.

Reason - To ensure adequate parking provision can be maintained at all times.

------

Application No. Date Determining Authority P/09/0166 15th June 2009 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of single storey front Little Mill Garage Miss S Roberts extension and change of use of Glynbargoed Road Little Mill Garage part of building to MOT test Trelewis Glynbargoed Road centre Treharris Trelewis CF46 5RT Treharris

APPLICATION SITE

This application relates to an industrial building currently used as a garage within the outskirts of Treharris. The site is bounded to the north by an industrial building also used as a garage, to the south is a residential property, to the west is a woodland area and watercourse and to the east is the main road serving the site.

PROPOSED DEVELOPMENT

Full planning consent is sought for the erection of a single storey front extension and the change of use of part of the building to a MOT test centre. The proposed extension will measure 4.95m wide, 5m deep and 4m high with a mono-pitched roof.

The front extension will be constructed using facing brickwork, box profile roof sheet and a galvanised roller shutter door to match existing materials used.

The garage is already used for the servicing and repairing of vehicles. The MOT testing will be conducted within part of the existing building and new extension at the northern end of the building.

PLANNING HISTORY

There are no relevant planning applications that need to be taken into consideration when determining this application.

CONSULTATION

Head of Engineering - No objections

Head of Environmental Health - No response

Welsh Water - No objection subject to conditions relating to surface water and land drainage.

PUBLICITY

In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent to adjoining properties and a site notice was displayed within the vicinity of the application site.

As a result of the publicity exercise one letter of objection was received from Solicitors representing the adjoining garages raising the following concerns:

1. There is already an MOT testing centre within the vicinity.

2. The proposed single storey extension to the garage will detract from the progress which has been made to tidy up the area.

These are considered below:

POLICY CONTEXT

There are no relevant policies within the Council’s Structure Plan nor Local Plan pertaining to this type of development. Therefore the application falls to be determined on its own merits.

PLANNING CONSIDERATIONS

Landuse

The garage is currently used for the servicing and repairing of vehicles. It is intended that the property will continue to be used in the same manner however the proposed extension will enable sufficient room to also operate as a MOT testing centre. It is considered that the nature of a MOT testing centre is not dissimilar to that of a garage that services or repairs vehicles. As such the proposed change of use of part of the building is considered acceptable. Furthermore it is noted that MOT testing is already conducted at the adjoining garage.

Design

It is considered that the proposed front extension to the garage will compliment the industrial character of the host building. The extension will be constructed using the same materials as the existing building and the steel profiled roof will be extended following the existing pitch.

The existing garage is setback some 33m from the main highway and the proposed extension will not project forward of any common building line nor will it present an incongruous feature within the streetscene. As such it is considered that the proposed extension will not have an adverse impact on the character of the host building or the visual amenity of the area in general.

Parking

It is considered that there are adequate parking facilities to accommodate the existing use of the garage and the additional use as a MOT testing centre. It has been demonstrated that at least 6 parking spaces can be provided for customers and a further space for disabled users. The Head of Engineering has raised no objections to the proposal.

Amenities

Given that the existing building is currently used as a garage and that the MOT testing would not be dissimilar in use, in conjunction the fact that there is already a MOT testing centre adjoining the site, it is considered that the proposed change of use would not adversely impinge on the amenities of nearby occupiers to any greater extent that already exists.

It is considered that the proposed front extension would not adversely impinge on the amenities of adjoining occupiers in terms of overbearing, overlooking or overshadowing. It is noted that no objections have been received in relation to impact on amenities.

Representations

As a result of the publicity exercise, one letter of objection was received and the following considerations are made:

1. It is acknowledged that an MOT testing centre already exists within the vicinity of the application site. Any competition that may derive as a result of having two MOT testing centre within the same vicinity is not a material planning consideration.

2. It has been contested by the objector that the proposed development will detract from the progress that has been made to tidy up the area. It is unclear what progress or initiative the objector is referring to. It is assumed that the objector is of the view that the proposed extension would be out of character with the surrounding area. For the reasons as outline in the ‘design’ section of this report, it is considered that the proposed extension would not be out of character with either the host building or the area in general.

On balance it is considered that the proposed development is acceptable in planning terms and the following recommendation is made.

RECOMMENDATION: BE APPROVED

INFORMATIVES

1. The applicant / developer is strongly advised to liaise with Hyder Consulting Ltd (Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers and/or water mains.

------

2. REPORTS FOR INFORMATION

2.1 Rhydycar Canal Bridge, Rhydycar, Merthyr Tydfil – Refurbishment of bridge and excavation works to expose buried canal profile

2.2 Scheduled Ancient Monument Consent by Cadw for the Proposed Works at Sarn Howell Pond and Watercourse

2.3 Conservation Areas

2.1 PURPOSE OF REPORT To inform members of the decision made by the Welsh Assembly Government on Application No P/09/0023

Rhydycar Canal Bridge, Rhydycar, Merthyr Tydfil – Refurbishment of bridge and excavation works to expose buried canal profile

On 8 th April 2009 Committee resolved to approve this Listed Building Consent for the refurbishment of Rhydycar Canal Bridge. Under the Planning (Listed Buildings and Conservation Areas) Regulations 1990, it is a requirement for Listed Building Consent applications by Local Authorities to be determined by the Secretary of State:

Regulation 13 states:

As a result of this determination by the Secretary of State, the proposed conditions as accepted by Committee have been altered. By direction of the Welsh Assembly Government, the following conditions shall now apply in implementing this Listed Building Consent:

1. The works to which the consent relates shall begin not later than 5 years from the date of this decision;

2. The works hereby approved shall be undertaken in strict accordance with the plans drawings and other details submitted with the application (except where otherwise directed by Cadw);

3. The mortar for the repair of the stonework shall be based on either a lime putty or a natural hydraulic lime with no added cement. The sand used shall be a coarse washed sand with a broad range of particle sizes;

4. The style of re-pointing shall be bought flush with the face of the stonework but not stand proud or form any modern ribbon pointing detail;

5. The railings shall be formed using traditional blacksmithing techniques, using slim solid uprights and a slightly curved-topped flat-bar handrail, rather modern than steel fabrication methods; drawings of the design of the railings and other details, shall be submitted to Cadw for approval and the railings shall be constructed in accordance with that approval; and

6. The work to excavate and reveal the profile of the original canal should have archaeological supervision.

A copy of the original report to Committee is reproduced below for convenience:

APPLICATION SITE

The application relates to the Grade II Listed Rhydycar Canal Bridge. The structure is located near the Town Centre to the south of Merthyr College and crossing the line of the former Glamorganshire Canal, east of Ynysfach Housing Estate. The bridge was built around the 1790s and was financed by the local Iron industry, of which the Crawshay family were leading shareholders.

The canal bridge is built of coursed rubble sandstone, crossing a deep cutting. The elliptical arch in the centre reaches a height of approximately 6.7metres and has a span of 5.5m. The smaller eastern arch of the bridge has a span of approximately 0.9metres and is likely to be a later alteration during the 19th Century. The bridge is a rare example of one of the early bridges on this important canal and is listed as such.

PROPOSED DEVELOPMENT

Listed Building Consent is sought to refurbish the bridge and to conduct excavation works to expose the buried canal profile.

Vegetation is also proposed to be removed from in and around the bridge structure and a 50m 3 area is to be excavated in order to reveal the original canal and towpath under the bridge structure.

PLANNING HISTORY

There is no relevant planning history that needs to be considered in determining this application.

CONSULTATIONS

The following groups and organisations were consulted as part of the application process and their comments are listed below:

Merthyr Tydfil Heritage Trust - No Response Civic Trust for Wales - No Response

Glamorgan Gwent Archaeological Trust: The Glamorganshire Canal was a significant feature in the historic landscape and its protection is sought. The Trust has no objection to the positive determination of this application provided a programme of archaeological work is instigated.

The Society for the Protection of Ancient Buildings - No Response

The Ancient Monuments Society - No Response

Royal Commission on the Ancient and Historical Monuments of Wales - No Response

PUBLICITY AND THIRD PARTY RESPONSES

The application was advertised by means of a press notice, which was displayed in the local newspaper on the 5 th February 2009. A site notice was also displayed within the vicinity of the site on 6 th February 2009. No objections were received in response to this publicity.

POLICY CONTEXT

The below listed policies are relevant in the determination of this application: Planning Policy Wales (2002)

Welsh Office Circular 61/96 “Planning the Historic Environment”

Part 1 Para 11 requires local planning authorities considering applications for works which affects listed buildings to have regard to its character and setting.

Mid-Glamorgan (Merthyr Tydfil County Borough Council) Replacement Structure Plan (1991- 2006)

Merthyr Tydfil Borough Local Plan (1991-2006)

Local Development Plan (2006-2021)

PLANNING CONSIDERATIONS

Refurbishment

The refurbishment of the bridge will include the repointing of stonework, pointing of arch barrel joints, replacement or fixing of loose and missing stonework and the filling of a vertical crack. Works such as the repointing of stonework and barrel joints will improve the character of the bridge in allowing for its restoration while improving its condition. The materials used for replacing stonework must be on a like for like basis, therefore specific details on materials would require prior approval.

Materials

The current parapet of the bridge is clad in chainlink fencing, which is considered to detract from the character of the Listed structure. It is proposed to replace this with vertical infill bars, galvanised and finished in black. There are no available records illustrating the previous materials of the parapet at the time of construction, which would have provided a definitive alternative to that which is proposed. It is likely that the bridge contained no parapet.

Therefore, in the absence of any alternative, it is considered that vertical infill bars are considered to be an improvement on the materials of the current parapet. Furthermore, the parapet materials will distinguish the original bridge materials from later additions.

Excavation of Canal Profile

It is proposed to excavate an area of 50m 3 below the bridge to reveal the original canal profile. It is also proposed to repair and reinstate the canal walls. These works will improve the visual amenity of Rhydycar Canal Bridge and return to its traditional historic setting of the canal basin. In addition, no objections have been received from local residents or third parties with regards to the proposals.

CONCLUSION

It is considered that the restoration work to the bridge will improve its visual amenity. The character and setting of the bridge is of great importance and the works will make good most structural and visual deterioration of the bridge. Furthermore, the works will involve the improvement of access to the Taff Trail with a footpath widening and the enhancement of the fencing in terms of safety.

In considering the above and in the absence of any objections, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

Reason – In the interests of visual amenity.

Reason – To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

2.2 SCHEDULED ANCIENT MONUMENT CONSENT BY CADW FOR THE PROPOSED WORKS AT SARN HOWELL POND AND WATERCOURSE

INTRODUCTION

The purpose of this report is to inform Councillors of the grant for Scheduled Monument Consent by Cadw for the Proposed Works at Sarn Howell Pond and Watercourses (SAM GM949) under the Ancient Monuments and Archaeological Areas Act 1979 (Section 2 Schedule 1)

SITE DESCRIPTION

Sarn Howell Pond and Watercourses is located within the Town ward of Merthyr Tydfil. It is positioned slightly south of a dismantled railway and the Old Bogey Road. The Scheduled Ancient Monument forms wider part of land to be excavated using opencasting techniques by Miller Argent.

The monument consists of a collection of features connected with water supply to Dowlais Ironworks and related iron and coal mines. This part of the water system dates back to 1818 and contains a series of leats and holding ponds. The land is currently rough grazing adjacent to opencast operations.

DEVELOPMENT PROPOSAL

Miller Argent’s application dated the 19 th February 2009 sought Scheduled Monument Consent for an Archaeological Excavation at the site of Sarn Howell Pond and Watercourses (SAM GM949).

The Local Planning Authority was consulted on this application and did not express any objection to the proposals.

DECISION

Scheduled Ancient Monument Consent (SAMC) was GRANTED on the 7 th July 2009 by Cadw subject to the following conditions:

1. That Cadw shall be given at least two weeks notice, in writing, of the date of the commencement of the work or of any subsequent adjustment to this date, to allow Cadw’s representatives to monitor on site activity;

2. That access to the site shall be afforded to representatives of Cadw;

3. That any modification to the proposed work shall require the written approval of Cadw, before it is undertaken;

4. That the work to be undertaken shall follow that laid out in Glamorgan-Gwent Archaeological Trust’s Archaeological Excavation Specification No P1198, which was submitted to Cadw with the SMC application (dated 12 February 2009). All archaeological recording (including methodology, publication and archive strategies) shall follow that laid out in the relevant Standards and Guidance notes issued by the Institute for Archaeologists (IFA);

5. That the applicant and a Cadw Inspector must meet at least once during the course of the archaeological recording phase to discuss progress and the viability of the second phase (installation of the restored aqueduct). The Cadw Inspector will assess whether the surviving structural elements should remain in situ or be recovered, conserved and/or integrated into the restored aqueduct. Any necessary arrangements for backfilling and reinstatement of the site will also be agreed;

6. That Cadw shall be informed in writing immediately upon the completion of the works on site;

7. That, if a decision has been agreed to install the restored aqueduct within the scheduled area, a project design and timetable must be submitted to Cadw with a new SAMC application for the works within three months of the completion of the archaeological recording phase; and

8. That a report shall be submitted to Cadw detailing any features of archaeological importance found within two months of the completion of the first phase of archaeological recording work. The report shall include a photographic record showing the area affected before work begins, work in progress and on completion. Copies shall also be deposited with the Historic Environment Record held by Glamorgan Gwent Archaeological Trust and the National Monuments Record Wales held by the Royal Commission on the Ancient and Historical Monuments of Wales, Plas Crug, Aberystwyth SY23 1NJ.

Section 2(6) of the 1979 Act provides that non-compliance with a condition attached to a grant of scheduled monument consent shall be an offence.

By virtue of Section 4 of the 1979 Act if no works to which this consent relates are executed or started within 5 years from the date of this decision, the consent shall cease to have effect at the end of that period (unless it is revoked in the meantime).

This decision does not convey any approval or consent required under any enactment, bylaw, order or regulation other than Section 2 of the Ancient Monuments and Archaeological Areas Act 1979.

2.3 CONSERVATION AREAS

BACKGROUND

The purpose of this report is to inform Councillors of the implications of designation of part of the Town Centre and Treharris as Conservation Areas.

It was resolved at the Full Council meeting of the 24 th June 2009 that following public consultation, the areas described as ‘Town Centre’ and ‘Treharris’ have been designated Conservation Areas under the provisions of Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Notice was therefore given to the Secretary of State, Cadw and the Royal Commission on the Ancient and Historical Monuments of Wales on the 1 st of July 2009 that these areas are designated. In addition, adverts were also placed in the Merthyr Express and the London Gazette on the 2 nd and 3 rd July respectively

EFFECTS OF DESIGNATION

A Conservation Area is an area which is deemed to be of special architectural or historic interest; the character and appearance of which is desirable to preserve or enhance. The principal effects of these areas being designated as Conservation Areas are as follows:

1. The Council is under a duty to prepare proposals to ensure the preservation or enhancement of the area under Section 71 of the Act;

2. Consent must be obtained from the Council for the demolition of any building in the area under Section 74 of the Act;

3. Special publicity must be given to planning applications for development in the area and representations received taken into consideration in their determination under Section 67 of the Act;

4. In carrying out any functions under the planning Acts (and, in particular, in determining applications for planning permission and listed building consent), the Council and the Secretary of State are required to take into account the desirability of preserving or enhancing the character or appearance of the area under Section 72 of the Act;

5. Six weeks’ notice must be given to the Council before works are carried out to any tree in the area. except for trees on Council owned land which are exempted, under sections 211 and 214 of the Town & Country Planning Act;

6. The right to display certain types of illuminated adverts without consent is excluded under the Advertisement Regulations 1992, Schedule 3, Class 4A and 4B;

7. Permitted development rights under the Town & Country Planning (General Permitted Development) Order 2008 are more restricted in the Conservation Area;

8. An Article 4 direction may be made to withdraw other permitted development rights under the Order.

The desirability to preserve and/or enhance shall therefore be a material consideration in all planning applications within the described areas.

3. APPEALS RECEIVED BY THE PLANNING INSPECTORATE

Application No. Date Determining Authority P/08/0007 3rd January 2008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of single storey rear 25 Glynmill Close Mr N Parry extension and rear decking area Incline Top 25 Glynmil Close Merthyr Tydfil Incline Top CF47 0GE Merthyr Tydfil CF47 0GE

TYPE OF APPEAL: WRITTEN REPRESENTATIONS

APPEAL DECISION: ALLOWED

DATE: 23 JUNE 2009

Application No. Date Determining Authority P/08/0300 10 th July 2008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Retention of boundary fence and 22 Brecon Rise Mr B J Williams wall Pant 22 Brecon Rise Merthyr Tydfil Pant CF48 2BW Merthyr Tydfil CF48 2BW

TYPE OF APPEAL: WRITTEN REPRESENTATIONS

APPEAL DECISION: ALLOWED

DATE: 14 JULY 2009

Application No. Date Determining Authority P/08/0361 2nd September 2008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of dwelling Land Opposite 6 & 7 Mr A J Link Graig Terrace 18 Bedlinog Terrace Bedlinog Bedlinog CF46 6SR

TYPE OF APPEAL: WRITTEN REPRESENTATIONS

APPEAL DECISION: DISMISSED

DATE: 16 JULY 2009

Application No. Date Determining Authority P/08/0339 12 th August 1008 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of single storey rear 15 Heather Court Mr and Mrs Williams extension Quakers Yard 15 Heather Court Treharris Quakers Yard Merthyr Tydfil Treharris CF46 5RP CF46 5RP

TYPE OF APPEAL: WRITTEN REPRESENTATIONS

APPEAL DECISION: DISMISSED

DATE: 21 JULY 2009 4. PLANNING APPLICATION STATISTICS 4. PLANNING APPLICATION STATISTICS

The planning statistics relating to June 2009 are provided below.

Brought Received Determined Withdrawn Carried Forward Forward

113 34 36 6 105

This “Carried Forward” figure has been categorised below so that Councillors are aware of the age of outstanding applications. The corresponding data for April and May is also provided below.

Under 8 weeks Between 13 weeks – Over 6 months 9 – 13 weeks 6 months April 2009 53 13 9 42

May 2009 50 10 14 39

June 2009 46 11 16 32

5. APPENDIX 1 (relating to Planning Application No. P/07/0450)