PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 BRIDGEND COUNTY BOROUGH COUNCIL REPORT OF THE EXECUTIVE DIRECTOR - ENVIRONMENT ON PLANNING APPLICATIONS I submit for your consideration the following report on Planning Applications and other Development Control matters based upon the information presently submitted to the Department. Should any additional information be submitted between the date of this report and 4.00pm on the day prior to the date of the meeting, relevant to the consideration of an item on the report, that additional information will be made available at the meeting. AGENDA FOR PLANNING APPLICATIONS ITEM APPLICATION APPLICATION ADDRESS NO. NUMBER 1 P/06/1080/FUL LAND NORTH OF GLYNOGWR BLACKMILL BRIDGEND 2 P/08/962/FUL LAND NORTH A4093 BWTN GLYNOGWR & MYNYDD MAESTEG BRIDGEND 3 P/06/417/FUL LAND AT PANT Y WAL NORTH WEST OF GILFACH GOCH CENTRED ON NGR SS 965 908 4 P/06/1356/OBS LAND AT MYNYDD PWLLYRHEBOG SOUTH OF CLYDACH VALE / NORTH WEST OF GILFACH GOCH PORTH RHONDDA CYNON TAF For Members' assistance I have provided details on standard conditions on time limits, standard notes (attached to all consents for planning permission) and the reasons to justify site inspections. STANDARD CONDITIONS On some applications for planning permission reference is made in the recommendation to the permission granted being subject to standard conditions. These standard conditions set time limits in which the proposed development should be commenced, and are imposed by the Planning Act 1990. Members may find the following explanation helpful:- Time-limits on full permission Grants of planning permission (apart from outline permissions) must, under section 91 of the Act, be made subject to a condition imposing a time-limit within which the development authorised must be started. The section specifies a period of five years from the date of the PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 permission. Where planning permission is granted without a condition limiting the duration of the planning permission, it is deemed to be granted subject to the condition that the development to which it relates must be begun not later than the expiration of 5 years beginning with the grant of permission. Time-limits on outline permissions Grants of outline planning permission must, under section 92 of the Act, be made subject to conditions imposing two types time-limit, one within which applications must be made for the approval of reserved matters and a second within which the development itself must be started. The periods specified in the section are three years from the grant of outline permission for the submission of applications for approval of reserved matters, and either five years from the grant of permission, or two years from the final approval of the last of the reserved matters, whichever is the longer, for starting the development. Variation from standard time-limits If the authority consider it appropriate on planning grounds they may use longer or shorter periods than those specified in the Act, but must give their reasons for so doing. Recommendation: That Members note the requirements of the Act to impose time limits when granting planning permission for all new developments. STANDARD NOTES a. The enclosed notes which set out the rights of applicants who are aggrieved by the council's decision. b. This consent does not convey any approval or consent required by building regulations or any other legislation c. Developers are advised to contact the statutory undertakers as to whether any of their apparatus would be affected by the development d. Attention is drawn to the provisions of the party wall etc. act 1996 e. Attention is drawn to the provisions of the wildlife and countryside act 1981 and in particular to the need to not disturb nesting Bird and protected species and their habitats. f. Where a development involves a new build, demolition or conversion into flats or multiple occupancy, you will need to contact the Council's Street Naming & Numbering Officer (tel: 01656 643422) to establish a formal address. g. If you are participating in the diy house builders and converters scheme the resultant vat reclaim will be dealt with at the Chester vat office (tel: 01244 684221) h. Developers are advised to contact the Energy Savings Trust (tel: 0800 512012) and/or the Environment and energy helpline (tel : 0800 585794) for advice on the efficient use of resources. PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 i. Where appropriate, in order to make the development accessible for all those who might use the facility, the scheme must conform to the provisions of the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005. Your attention is also drawn to the code of practice relating to the disability discrimination act 1995 part iii, rights of access to goods, facilities and services. j. If your development lies within a coal mining area. you should take account of any coal mining related hazards to stability in your proposals. developers must also seek permission from the coal authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the coal authority. the coal authority mining reports service can be contacted on 0845 762 6848 or www.coal.gov.uk. k. The Local Planning Authority will only consider minor amendments to approved development by the exchange of correspondence in a limited number of cases. The following amendments should require a fresh application:- * Resiting of building(s) nearer any existing building or more than 250mm in any other direction; * Increase in the volume of a building; * Increase in the height of a building; * Changes to the site area; * Changes which conflict with a condition; * Additional or repositioned windows / doors / openings within 21m of an existing building; * Changes which alter the nature or description of the development; * New works or elements not part of the original scheme; * New works or elements not considered by an environmental statement submitted with the application. As a general rule it is considered that if an amendment warrants re-consultation, it should not be regarded as minor, and, therefore, not considered without a fresh application. l. You must not start work on site in advance of discharging any pre-commencement conditions otherwise you will need to submit a new formal application. m. The developer shall notify the Planning Department tel. 01656 643167 of the date of commencement of development. n. The presence of any significant unsuspected contamination, which becomes evident during the development of the site, should be brought to the attention of the Assistant Chief Executive Legal and Regulatory Services - Environmental Health. Developers may wish to refer to 'Land Contamination : A Guide for Developers' on the Public Protection Web Page. o. Any builders debris / rubble must be disposed in an authorised manner in accordance with the Duty of Care under the Waste Regulations. SITE INSPECTION PROTOCOL PLANNING AND DEVELOPMENT COMMITTEE MEETING - 27TH AUGUST 2009 Site inspections can be justified in the following circumstances:- i. Where there are policy issues to be addressed and the site inspection will assist in gaining a better understanding of the policy issues; ii. Where the proposed development will have a major impact over a wide area; iii. Where the visual impact of a proposed development is likely to be significant and which can only be fully appreciated on site; iv. Where the effect on adjoining development requires careful consideration. DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 ITEM: 1 RECOMMENDATION : SECTION 106 REFERENCE: P/06/1080/FUL APPLICANT: NPOWER RENEWABLES UNIT 22 TECHNIUM CENTRAL AVENUE BAGLAN ENERGY PARK PORT TALBOT SA12 7AX LOCATION: LAND NORTH OF GLYNOGWR BLACKMILL BRIDGEND PROPOSAL: 4 WIND TURBINES, SUB-STATION, TRACKS, MASTS & ACCESS OFF A4093 RECEIVED: 18th August 2006 TOWN/COMMUNITY COUNCIL OBSERVATIONS Object to the development on the following grounds: Adverse impact on the environment and beauty of the area Not an incentive for people to visit the area RICS reports that house prices will fall when a wind farm is announced in an area resulting in negative equity Turbines do not reduce CO2 and there is a need for stand by power. The cost of the wind turbines do not justify the return Health issues linked to noise and vibrations from wind turbines within 1000m. Some of the proposed building is within 400m of homes. Scottish assembly recommend building 1500m away No plans to remove turbines after they have run their life, other turbines in Gilfach have been left to rot. Further subsequent comments were made regarding the impact of the extra vehicles on the road network in the area and the ability of the emergency services to respond to call outs. Further observations regarding the amended scheme were submitted on the 26th January 2009 as follows: The proposal would contradict the aims and objectives of the UDP and Local Biodiversity Action Plan and is contrary to Environment 2.2, Policies EV1, EV2, EV3, EV7, EV9, EV10, EV17, EV20, EV27, EV28, T1, T2 and T13. Concerns have also been raised regarding the use of overhead lines, the encirclement of the area with wind farms and the proximity of wind turbines from dwellings. com_rep Page 5 DEVELOPMENT CONTROL COMMITTEE MEETING - 27TH AUGUST 2009 Letters supporting OVCC's objections have been received from the Garw Valley Community Council and Porthcawl Town Council. APPLICATION/SITE DESCRIPTION The proposal is a detailed application for the development of a wind farm comprising 4 turbines (1, 4, 5, & 6)of 2-2.5 mega watt (MW) generating capacity, substation and related infrastructure including construction compound, internal access track and direct access off the A4093.