BLAENAU GWENT COUNTY BOROUGH COUNCIL …democracy.blaenau-gwent.gov.uk/aksblaenau_gwent/images/att4434.pdf · Committee Report Subject Planning Applications Report ... Stone’s Houses,

Report Date: Report Author:

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BLAENAU GWENT COUNTY BOROUGH COUNCIL

Report to

The Chair and Members of the Planning Committee

Report Subject

Planning Applications Report

Report Author

Team Manager Development Management

Report Date

17th December, 2015

Directorate

Environment and Regeneration

Date of meeting

7th January 2016

Date Signed off by Monitoring Officer

Report Information Summary

1. Purpose of Report

To present planning applications for consideration and determination by Members of the Planning Committee. 2. Scope of the Report

Application No. Address

C/2015/0237 Land adjacent to Park Hill Road, Tredegar

C/2015/0236 Land adjacent to Park Hill Road Tredegar

C/2015/0128 Round House Farm Nantyglo

C/2015/0379 83 Cwmcelyn Road, Blaina

C/2015/0334 Cwm Flying Start Building, Canning Street, Cwm

C/2015/0189 Glynmilwr, Stone’s Houses, Blaina

C/2015/0382 Ben Wards Fields, Brynmawr

3. Recommendation/s for Consideration

Please refer to individual reports


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Planning Report

Application No: C/2015/0237 App Type: Remove/Vary a Condition

Applicant: Agent:

Real Estate Investors PLC 42-44 Waterloo Street Colmore Business District Birmingham

George & Tomos Penseiri Architects Mr Arwyn George George & Tomos 12 Cambrian House Heol Penrallt, Machynlleth

Site Address:

Land adjacent to Park Hill Road Tredegar

Development:

Removal of conditions 34, 35 & 36 (code for sustainable homes) & variation of condition 1 (to extend the life of the existing permission) and variation of condition 2 (to amend proposed site layout drawing (PL2f)) of planning permission C/2009/0329 Case Officer: Catherine Ashby

1. Background, Development and Site Context

Background Full planning permission was granted on 07.07.2010 for the development of the site for 143 dwellings (phases 1 & 2). The decision was made subject to conditions and the completion of a S106 legal agreement to secure 20% affordable housing, the provision and maintenance of children’s play space, off-site ecological mitigation and the setting up of a Management Company to manage the communal areas of the site covered by a Landscape and Ecology Masterplan. At this time a related Outline application was also granted planning permission for phases 3 – 5 of the development (number of dwellings not specified) on an adjacent site to the east. I refer Members to the related report on this agenda that seeks the renewal of this extant Outline planning permission (ref: C/2015/0326). Since both sites are interconnected reference is made to the Outline application where necessary. The application seeks to vary Condition 1 of the approved full planning permission (C/2009/0328) to extend the permission for a further 5 years from the date of approval of the development, and consequently lengthen the life of the full planning permission The current application does not propose any fundamental changes to the extant permission to develop the site for residential purposes. However, it takes into account the fact that a new Local Development Plan (LDP) and a new Access, Car Parking and


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Design Supplementary Planning Guidance (SPG) have been adopted since the original permission was granted. In order to comply with the Access, Car Parking and Design SPG the site layout has been amended slightly due to the need for increased parking spaces. The following changes have therefore been made to the application:

Plots 99 & 100 have been omitted to provide adequate parking for other plots;

Plot 115 is re-located and change from House Type 2 to House Type 2A(T)

Plots 90 & 91 swapped to provide adequate parking for each unit


Plots 112 &113 swapped to provide adequate parking for each unit


Plot 137 changed from House Type 6 (3-bed) to House Type 2 (2-bed) in order to achieve required parking spaces

20 additional visitor spaces have been provided across the site. As a consequence of achieving the new car parking standards the total number of dwellings on site has reduced from 143 to 141. The description of the development will need to be amended to reflect the reduced number of proposed units. Due to the Welsh Government’s removal of the requirement to deliver Code for Sustainable Homes (CfSH) from the planning system the application also seeks to remove Conditions 34, 35 and 36 which relate to CfSH. These conditions required the dwellings to be constructed to achieve minimum Code 3 design standards, the submission of a design stage assessment / related certification prior to the commencement of development, and the submission of a post-construction stage assessment/ certification to demonstrate that the development has achieved Code level 3. The applicant has also indicated that they wish to seek to vary the terms of the original S.106 agreement in respect of Affordable Housing. The adopted LDP states a requirement for 10% of affordable housing to be provided subject to need and viability, whereas the former requirement of the UDP was 20%. The applicant therefore seeks to reduce the affordable housing requirement to 10% in accordance with the current policy. It is proposed to secure the 10% affordable housing requirement and carry forward the remaining planning obligations to any new planning permission via a deed of variation. Development and site context This is a full planning application for the development of 141 dwellings on land adjacent to Park Hill Road, Tredegar. The current scheme is a revision of the plans that were previously approved in the extant planning permission.


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The application site is ‘greenfield’ site, i.e. it is previously undeveloped land that is open in character, which lies on the southern edge of the urban boundary of Tredegar. The site climbs the north east flank of Bedwellty Mountain, extending from the defined settlement boundary at 340 metres above sea level upwards and southwards to 380 metres above sea level. The site lies between the Cefn Golau housing estate, to the north, Tredegar Recreation Ground and Comprehensive School to the east, and open moorland to the south and west. The site is bounded to the west by the B4256 road between Tredegar and Rumney. Outside the boundary, but in close proximity to the site, is the Cefn Golau Pond, the Cefn Golau Cholera Cemetery Scheduled Ancient Monument and a site managed by the Royal Society for the Protection of Birds (RSPB) to safeguard a population of lapwings. The site has a naturally steep gradient from west to east and is ‘open moorland’ in character, comprising mainly grassland habitat with a number of open streams and ditches. Just outside of the site, but forming part of the site of the current outline planning application, is an existing pond close to the south west boundary, a steeply wooded valley just below the pond and a ditch and hedgerow running diagonally across the site southwest/northeast. A dilapidated stone boundary wall lies along the western boundary of the site. The site extends over the western part of a larger 13 hectare site that is a ‘committed’ housing site in the adopted Blaenau Gwent Unitary Development Plan. (HC1.22 for 160 units, based on an earlier 2009 planning permission). The remainder of the committed site is subject to a separate application for Outline planning permission referred to above. The renewal for outline planning permission does not specify the number dwellings, but indicates that it could deliver up to 150 dwellings. Taking the two sites together the whole site would potentially be developed at a higher density than the 160 dwellings identified in the housing commitment. The proposed development includes 141 new dwellings and associated infrastructure, to include a new access point onto Park Hill Road, estate roads and pedestrian/cycle paths, emergency access, the provision of land for a children’s play area to a Locally Equipped Area Play (LEAP) standard and public open space/ wildlife corridors. In addition to the existing pond, another two balancing ponds are required to facilitate the drainage of the site, one of which is within the red line area of this planning application. The public open space is located at the entrance to the site, around the play area/ pond and interspersed through the site. The gradient of the site and existing natural features have had a significant influence on the layout and design on the proposed scheme. The development aims to retain, and where possible enhance, the natural features on the site, such as trees,


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hedgerows, ponds, the wooded valley, open water courses, ditches and grassland. The gardens of the proposed dwellings are generously proportioned and allow for the transition in levels between properties and, where steeper transitions in levels are necessary, it is proposed to use stone faced gabions. Although no landscaping plan has been submitted with the planning application it is a condition of the extant permission that a Landscape and Ecology Masterplan for the whole site (including the adjacent outline application site) be prepared. The proposed new dwellings range in size from 1 bedroom flats to 4 bedroom dwellings and include a wide variety of house types, including flats, two-storey blocks, terraced and semi-detached houses, detached houses and bungalows. The dwellings have been designed to achieve a minimum of Code for Sustainable Homes (CFSH) Level 3 and are also designed to the current Design Quality Requirements (DQR) and Life Time Homes (LTH) standards, and are therefore flexible for a variety of users and future adaptation. The design of the dwellings considers the character of existing traditional development in the area in terms of scale, density, form and materials, but interprets this in a contemporary manner. The designs include: rain-screen walls (large areas of glazing that are positioned to maximise sun paths for day lighting and passive energy gains), the use of modern self-coloured render and reconstituted stone sills to minimise maintenance, the use of timber boarding, natural stone in both dwellings and some boundary walls, composite slate roofs and turfed low level roofs (such as garages and porches), box dormers and aluminium clad timber windows. It is proposed to minimise the amount of hard-surfacing to facilitate the sustainable drainage of the site, and driveways are proposed to be a permeable paving with stone gravel infill. Boundaries around the site (dwellings and other features, such as the ponds) will be secured using natural materials where possible, including stone and soft landscaping. However, close-boarded fencing is proposed to secure the rear boundaries of some dwellings. The stone wall along the western boundary of the site will be rebuilt. Access into and across the site has taken into account the site constraints. The main access into the site comprises a single point of entry via a new junction onto Park Hill Road, which leads into a number of estate roads. One of the estate roads joins the end of the existing cul-de-sac, Cefn Parc, but vehicular access to Cefn Parc is restricted to emergency vehicles only by the use of removable bollards. Pedestrian and cycle access is not restricted which provides a more direct route into the town for the residents of the new estate. Likewise, existing residents of Cefn Golau will benefit from access to the play area, allotments (proposed in the later phases of development) and open countryside via this new connection. A new public footpath will be created across the site from Cefn Golau, which will pass through the estate alongside the new allotments, around the existing pond and wooded valley and out into the open


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countryside. The majority of this route will be completed as part of later phases of development. A pedestrian path / secondary emergency access is also proposed further along Park Hill Road alongside several of the proposed new dwellings. As referred to above, the layout of the site has been slightly reconfigured to take into account the new car parking standards in the Councils adopted SPG, which has increased the car parking requirement. The majority of car parking on the site has been designed as driveway parking in front of dwellings/ adjacent to individual garages and within garages. However, a number of communal parking areas are also proposed. These car parking areas are grouped in front of the proposed dwellings adjacent to the estate roads and, where possible, have been broken up into smaller groups interspersed with landscaping to lessen their visual impact.

2. Site History

Ref No Details Decision 777 Residential Development Approved (Mon. CC)

09.11.59 897 Residential Development Approved (Mon. CC)


09.05.61 1263 Layout for residential development Approved 07.06.63 2544 Residential Development Approved 12.06.80 8894 Erection of 275 Dwellings Withdrawn 01.04.97 98/0051 Erection of 160 Dwellings Approved 25.04.99 2003/0322 Renewal of Planning Permission 98/0051 for

160 dwellings & provision of open space & formation of new vehicular & pedestrian accesses to the site

Approved 18.02.2005

2009/0328 Residential development at Pentre Parc, Tredegar (outline)

Approved 07.07.10

2009/0329

New development for 143 dwellings (full) Approved 07.07.10

3. Consultation and Other Relevant Information

Internal BG Responses

Team Manager Building Control: Building Regulations required Service Manager Infrastructure: Highways: No highway objections in principle to the residential development in this location, all


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highway design and construction must satisfy the requirements of the Highway Authority’s Design Guidelines/Supplementary Planning Guidance (SPG). Whilst it is noted that the application is for Outline permission in order to comply with design guidelines the internal access road layout shall be amended to achieve a carriageway gradient which does not exceed 1 in 10 and details of the parking provision of individual plots must be submitted to accord with the SPG A number of highway /transport requirements have been identified and should be underpinned by planning conditions/S106 agreement. Drainage: No objection in principle, but require more detailed information prior to work commencing. Ground Stability: No objections in principle subject to the following measures being undertaken prior to commencement of works: rotary probe drilling as recommended in the CMRA must be undertaken prior to construction of development; borehole data should be obtained; the results of the geotechnical testing must be submitted; determine whether radon gas protection measures are required for the development; gas monitoring results should be submitted prior to development, all as recommended in the submitted geo-environmental report. Landscape: Given status of the allocation of the development within the LDP there is no objection to the principle of the development. The success of the scheme will be down to effective design and detailing. Landscape details will be required for the whole site to provide a clear Masterplan. Phasing plans will also be required. All landscape details to be agreed prior to the start of development on site. Ecology: Ecological Assessment – The 2009 assessment contains broadly similar habitat to what is present on site today and does not need to be reviewed. Applicant to note site is a designated SINC and recommendations at paras 6.3 and 6.4 should be incorporated into the scheme (via condition). Reptiles – An updated survey has been provided as the habitat remains suitable for reptiles (although none found in the 2009 survey). Updated report confirms no reptiles present on site. No further surveys or mitigation required. Bats – Original 2009 survey did not find presence of within the identified roosting area although the habitat is suitable and bats observed foraging in the area. The Masterplan indicates that the areas of interest for bats are to be retained (the trees within the valley and the old hedgerow). Although a number of small trees are to be removed my


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site visit confirmed that they appear unsuitable for bats to be present. No further survey or mitigation required. Great crested news (GCN) - The original 2009 survey did not find any presence of GCN on the site and there are no known records of GCN in the Borough. The pond will be retained as part of the development, but due to the terrestrial habitat around the pond being suitable an updated survey has been provided. This confirms no GCN present on the site. Recommendations to protect other amphibians known to be on the site (palmate, common frog and toad) to be conditioned. Birds – Original 2009 survey found the southern valley to be a good habitat for breeding birds with plenty of species recorded as nesting, but the Masterplan indicates this area is to be retained. No further bird surveys required, although ground nesting birds noted during the 2015 reptile survey and they could therefore be present across the wider site. The applicant’s attention is drawn to its legal responsibilities concerning the disturbance of breeding birds, their nests and eggs under wildlife legislation. Other- The retained habitats including the woodland and hedgerows, will be required to be protected with fencing to BS5837:2012 standard (condition). A Construction Environmental Management Plan to include details of the protection/retention of ecological features to be conditioned. Integrated Biodiversity and Landscape Management Plan to be conditioned. Arboricultural: A small number of low value trees are to be removed and this is acceptable. A larger area of woodland and lengths of hedgerow are to be retained and these areas including root protection zones are required to be protected during construction in accordance with BS5837:2012. A tree protection plan and arb method statement should be submitted (condition). Rights of Way: There are two rights of way (footpaths) Nos. 339/36/1 and 339/54/1 abutting the site. Request attachment of advisory notes concerning rights of way legislation in relation to obstruction, diversion or stopping up of public rights of way. Service Manager Public Protection: No objections or comments. Head of Estates and Strategic Asset Management: No response received External Consultation Responses

Town / Community Council: Original concerns regarding lack of play space still stand.


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Natural Resources Wales: No objection. No comments regarding the removal of conditions 34, 35 and 36. Please note that Great Crested Newts and all species of British bats are European Protected Species legally protected under The Conservation of Habitats and Species Regulations 2010 (as amended). Legal protection relates to the animals themselves and the places they use to rest and breed. Where a European Protected Species (EPS) is present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by NRW, having set out the three requirements set out in the legislation. One of these requires that the development authorised will ‘not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range. These requirements are translated into planning policy through PPW (July 2014) section 5.5.11 and 5.5.12 and TAN 5 Nature Conservation and Planning (Sept 2009). The LPA should take them into account when considering development proposals where a EPS is present. We note the requirements of Condition 15 of the planning permission. The above information would serve to inform the Masterplan necessitated by condition 15 in that the Masterplan is required to ‘have regard to the recommendations contained in the submitted ecological reports listed in Condition 2 of this planning permission and the recommendations of any subsequent ecological reports published post June 2010. Welsh Water: Advised of location of apparatus. Conditions and advisory notes suggested for inclusion on any future permission, to cover sewerage and the integrated and comprehensive drainage of the site. Western Power: Advised of location of apparatus in relation to the proposed development. W&W Utilities: No response received Coal Authority: The development site falls within the defined Development High Risk Area and records indicate that the site is likely to have been subject to historic unrecorded coal mining at a shallow depth associated with coal which outcropped across the site. It is noted that Condition 21 of planning permission C/2009/0328 does relate to land stability and requires the results of a site investigation and an assessment of the overall stability of


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the site to be submitted for approval prior to commencement of development. The Coal Authority raises no objections and recommends that the previous condition relating to land instability be repeated on any reissued consent. GGAT: No objections. Recommend that the archaeological condition be retained in the current application, and that the condition should be worded in a manner similar to the model given in Welsh Circular 60/96, Section 23. Cadw: There is no change to the impact of the proposed development on the setting of the designated monuments, than the position when outline consent was originally granted. No further comment relating to the impact on the designated historic assets. Cadw originally commented: The proposed development is located in the vicinity of the scheduled ancient monument known as Tredegar Ironworks Cholera Cemetery (MM287). The monument lies on a ridge tip with wide views in all directions, about 500m south of the nearest housing in Tredegar. The site was deliberately placed away from the settlement to the south east to reduce the spread of disease. The collection of headstones within its rectangular plot presents an evocative site. Currently there is no public access. The edge of the development is about 220 m east of the monument. The development site will extend the built up area south of the existing settlement boundary. Most of the housing will be on the west slope of the Afon Sihywi and therefore be out of view from the Cholera Cemetery. However the houses in Phase 1 will be nearest the site. Looking east the view of the proposed housing site is hidden by the dam which encloses the ironworks pond. In the view of CADW the proposed housing development will not have an effect upon the setting of the SAM. GWT: No response received. Public Consultation: Strikethrough to delete as appropriate

46 letters to nearby houses

3 site notice(s)

press notice

website public register of applications

ward members by letter


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all members via weekly list of applications received

other Response: No representations have been received

4. Planning Policy

Team Manager European and Planning Policy: Planning Policy broadly support the proposed variation of conditions without prejudice to the following issues being taken into account: ecology, visual impact, amenity, land stability, visual impact, amenity, land stability, contamination, highway safety, car parking provision, secured by design, landscaping and planting, planning obligations.

LDP Policies: DM1 New Development DM2 Design and Placemaking DM3 Infrastructure Provision DM4 Low and Zero Carbon Energy DM7 Affordable Housing DM12 Provision of Outdoor Sport and Play DM14 Biodiversity Protection and Enhancement DM15 Protection and Enhancement of the Green

Infrastructure DM16 Trees, Woodlands and Hedgerow Protection SB1 Settlement Boundaries HC1 Housing Commitments

PPW & TANs: Planning Policy Wales 7th Edition (July 2014) SPG – Planning Obligations, September 2011

5. Planning Assessment

The key material planning considerations raised by the proposed development are as follows.

Principle of the proposed use;

Amount of development;

Design & layout and impact on visual/ neighbouring amenity;

Access and parking;

Impact on landscape, ecology and heritage assets;

Impact on land, surface water and land drainage;

Impact on site stability and contamination;

Removal of Code for Sustainable Homes requirement; and

Planning obligations.


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The principle of the proposed use The LDP indicates that the site lies within the defined settlement boundary (Policy SB1) and identifies it as a committed housing site (Policy HC1.22) by virtue of previous planning permissions that have been granted. The principle of a residential use of the site is therefore acceptable subject to it meeting the criteria of other relevant policies in the LDP. The amount of development, The proposed development of the site for 141 dwellings, together with the outline site (which could accommodate 150 dwellings) is much higher than the density identified in the housing commitment identified in the LDP (160 dwellings). This issue was duly examined in consideration of the extant full and outline permissions. The low density figure cited in the LDP reflects the fact that parts of the site will not be developed and implies that a low density scheme is considered more appropriate to the location. Whilst the proposed development of phases 1 and 2 for 141 dwellings raises no objections in principle, the later phases of development will need to be at a much lower density to achieve the aims of the LDP. The applicant is aware that the Authority considers that phases 3-5 of the development should be designed at a much lower density than that currently shown on the indicative Masterplan of the site. The issue of density is therefore expected to be central to negotiations on any future Reserved Matters applications concerning the part of the site covered by any Outline permission. Design, layout and impact on visual /neighbouring amenity The Design and Access Statement and submitted plans confirms that this will be a high quality development that has been designed to be in keeping with its rural context and existing development in the surrounding area. The development has been designed around the natural topography and features of the site and incorporates a robust framework of public open space/wildlife corridors across the site, to assist in the integration of the development into the surrounding landscape. Whilst it is accepted that there will be some landscape impact, it is considered that the proposed scale, density, layout and landscape framework of the development takes account of the setting of Tredegar and represents a logical extension of the existing settlement pattern. The production of a strategic landscape masterplan and detailed landscaping proposals is controlled in the extant permission via condition to minimise visual impacts and ensure the proper integration of the development into the wider area. I propose that these conditions be carried forward (see Conditions 14 and 15). The accompanying S106 agreement also requires a Management Company to be established to enable a fee to be levied from the future occupiers of each property to enable the communal areas of green infrastructure to be managed in perpetuity, which


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remains a necessary requirement. The detailed design of the individual dwellings/garages is a contemporary interpretation of traditional development in the area in terms of scale, height and use of materials. The associated boundary treatments and retaining features will also be constructed from a palette of natural materials and landscaping where possible. In addition the development has been designed to be energy efficient and will achieve CfSH Level 3 and has demonstrated a commitment to achieve Secure by Design standards within the constraints of the site. This strong design-led theme of the development has not altered from the extant permission, which proposed conditions regarding the submission of materials and also withdrew permitted development rights from individual dwellings to maintain control over the appearance of the development. This approach is considered appropriate I therefore propose that these conditions be carried forward (see Conditions 10 and 4 respectively). The location of a new housing development on the edge of Tredegar will undoubtedly have an impact on the level of amenity currently enjoyed by neighbouring properties, in particular those on the existing urban edge that overlook the greenfield site. It will introduce increased levels of noise and activity that might reasonably be expected to arise from a new residential development, but this in itself is not considered to have any significant adverse impact on the residential amenity of existing residents. Local residents on the cul-de-sac of Cefn Parc will be connected to the development via a new pedestrian/cycle/emergency access, which will increase pedestrian traffic in the vicinity, but not to an unacceptable degree. No representations have been received from neighbours in relation to the current proposal. Access and parking The Highway Authority has raised no objections to the revised layout of the development, which will include a new access into the development from Park Hill Road. The Authority confirms that the new design standards that have been adopted in as SPG since the permission was originally granted, which include car parking requirements, have been incorporated into the design of the development. Whilst there remains a minor issue over gradients in one part of the site the Highway Authority considers that the proposed layout is an acceptable solution in the context of the constraints of the site. The proposed development also makes provision for pedestrians and cyclists with new routes from the development into Tredegar via Cefn Parc and cycle stores for the new dwellings. The Highway Authority has raised no objections to the proposal subject to the provision of a new bus stop facility along both sides of Park Hill Road and the provision of a pedestrian /cycle route linking the site direct to Tredegar Comprehensive School, which was previously secured via a Grampian condition.


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A number of planning conditions (extant Conditions 6-10) and requirements were previously required by the Highway Authority as part of the former permission. The extant requirements for onsite and off-site highways works remain valid and should be carried forward on a renewed permission with several amendments, as follows.

Proposed Conditions 7, 9 and 10 carried forward from the extant permission;

Extant Condition 8 (stating the required visibility splays) be moved to the advisory notes, as recommended by the Highway Authority;

A new advisory note be added highlighting the new design standards; and

A new advisory note be added highlighting that in addition to the required S.278 agreement Stage 1, 2 and 3 Safety Audits be carried out prior to the occupation of the residential units.

Impact on landscape, ecology and heritage assets As detailed above the application proposes the preparation of a landscape and ecology masterplan to manage the significant areas of green infrastructure that are proposed as an integral part of the development which, together with the overall design approach, is considered satisfactory to mitigate the impact of the development on the wider landscape. In addition, phasing plans are also required to demonstrate how each stage of development will be brought forward, to include the landscaping framework. Extant Condition 16 was previously attached requiring a full scheme of landscape works be submitted for approval prior to the commencement of development. It is considered that this condition needs amending to refer to the approved landscape works being submitted for approval prior to the commencement of each phase of development as approved. Extant Condition 16 required that landscape works be completed prior to the occupation of any part of that phase of development. It is considered that this could be combined with extant Condition 17 as it concerns the implementation stage of the landscaping scheme. A new landscape Condition 15 is therefore proposed. Prior to submission the County Ecologist reviewed all the ecological reports that were submitted in support of the former full application to establish whether any required updating. On the basis of her advice the original ecological assessment, bird, bat and great crested newt species surveys were considered acceptable and have been submitted, and an updated reptile survey was submitted. The Ecologist is content with the reports and requires the recommendations at section 6.3 and 6.4 of the ecological assessment, and the recommendations of the great crested newt surveys to be conditioned. No further survey or mitigation over and above what was previously identified is required in respect of reptiles, bats or birds, but the developer must fulfil their responsibilities under the wildlife legislation, and an advisory not to this effect is proposed. Proposed Condition 14 for an integrated Landscape and Ecology Masterplan is required to take into account the recommendations of all the ecological


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reports. The Ecologist recommends that a Construction Environmental Management Plan to protect/retain ecological features during construction be conditioned. It is proposed to replace the extant Condition 29 with a more up to date and comprehensive condition (see proposed Condition 19). The Ecologist’s advice and suggested approach has been reiterated by NRW in their response on the impact of the development on European Protected Species. I recommend that extant Condition 14 be carried forward (see proposed Condition 13), which required further surveys of the site for reptiles and bats to be carried out within two years of the original surveys if development has not commenced within that timeframe. Whilst this requirement has not been repeated by the Ecologist in relation to the current application it is one of the recommendations of the reptile survey report. I recommend that Condition 18 be removed regarding the removal of scrub and trees during the bird nesting season. This can be satisfactorily covered in an advisory note on the permission. No objections have been raised to the development on the grounds of impact on trees, but the advice of the Ecologist is for a tree protection plan and arboricultural method statement to be submitted prior to the commencement of development (see proposed Conditions 16 and 17). Tree protection is covered via a condition in the extant permission but the suggested approach is more up to date and is proposed to replace extant Condition 20. I also propose to carry forward a condition from the extant permission concerning the management of retained trees on the site (see proposed Condition 18). No comments have been received from the Heritage Officer on the current application, although he did previously object to the extant application on the grounds that the development would have an adverse impact on a rare pre-industrial agricultural landscape that forms an important landscape setting to the town. The concerns of the Heritage Officer were acknowledged and the applicant endeavoured to ensure the layout integrates some of the historic features, including an existing pond, the leat (which will be retained in a public open space/wildlife corridor as part of the Outline application), other watercourses and the stone wall at the boundary of the site. Condition 32 was attached to the extant permission requiring that an archaeological assessment of the site prior to the commencement of development. GGAT has recommended that that proposed archaeological condition be retained in the current application, but that the condition wording be updated to reflect the model in Welsh Circular 60/96. I consider that an updated archaeological assessment condition would be appropriate (see proposed Condition 20).


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Cadw has also been consulted due to the close proximity of the development to the Cefn Golau Cholera Cemetery, which is a Scheduled Ancient Monument (SAM). However, as in the former extant permission, they have raised no objections due to the location of the dam that encloses the ironworks pond which blocks views of the development from the SAM. There has been no change in circumstance since the permission was granted and Cadw therefore have no further comment relating to the impact of the development on designated heritage assets. Impact on land, surface water and land drainage The Council’s Drainage Engineer, Welsh Water and NRW have been consulted. The Drainage Engineer and Welsh Water confirm no objection to the principle of development subject to the submission of more detailed information on surface water drainage, land drainage and foul drainage. During consideration of the extant permission the former Environment Agency highlighted the potential for surface water flooding with a development of this size in this location and a condition was required to limit the flow rate from the site. They also stated the need for flood defence consents for works to watercourses and culverts and the need to retain existing water courses/drainage ditches for drainage and ecological purposes. NRW has not raised this as an issue on the current application, which is likely to have arisen from the recent transfer of the responsibility for surface water drainage matters from NRW to Local Authorities. However, I consider that the issue of the flow rate from the site remains pertinent to the consideration of this renewal application and it is therefore proposed to carry forward this condition (see proposed Condition 22). Due to the nature of the site the applicant proposes to address the issue of drainage and flooding in the overall design of the development. New balancing ponds are planned into the scheme and the use of existing watercourses will be maximised, with culverting taking place only where roads cross watercourses. Sustainable urban drainage (SUDs) measures are also proposed. It is considered that the applicant has demonstrated a commitment to address drainage and flooding in the future design of the development and the technical drainage issues, including the control of the flow rate from the site, can be addressed. Condition 21 is therefore recommended for the preparation of a comprehensive integrated drainage scheme for the site. Welsh Water has not raised any concerns about the ability to drain the site or serve it with a water supply. The extant permission included conditions concerning how foul and surface water drainage should be managed in the interests of the public sewerage system. I consider that Condition 21 adequately controls the comprehensive and drainage of the site and that no additional conditions are necessary. I therefore propose the deletion of extant Conditions 27 and 28 and their replacement with an


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informative note advising the developer to liaise with Welsh Water on all matters relating to the provision of a water supply and the foul drainage of the site. Impact on site stability and contamination Part of the site falls within the defined Development High Risk Area and a Coal Mining Risk Assessment (CMRA) was therefore requested and submitted with the application. A Phase II Geo-Environmental Assessment – Interim Contamination Report, which was previously submitted with the extant application, has again been submitted. The gradient of the site means that site stability is a significant issue and in order to facilitate the development a number of retaining structures will be required across the site. In considering the former extant permission local residents reported a historic landslip in the vicinity, but these concerns have not been raised by residents in relation to the current planning application. The Coal Authority and the Council’s Structural Engineer have considered the CMRA. The Coal Authority recommend that the existing condition on the extant planning permission, requiring a site investigation and an assessment of the overall stability of the site and any necessary mitigation thereof, be repeated and reissued on any future permission. The Council Engineer requests that the rotary probe drilling recommended in the CMRA be undertaken prior to the construction of development. It is therefore recommended that the extant site stability condition be retained in an updated format, to include a reference to the recommendations of the CMRA (see proposed Condition 23). Unusually, contamination is not a significant issue on this site due to its greenfield character. The Council’s Environmental Health Officer has therefore made no comments or requirements in respect of contamination. However, the Council’s Engineer requests that all measures identified in the submitted Phase II Geo-Environmental Assessment – Interim Contamination Report regarding Geotechnical Testing, Radon gas protection and gas monitoring should be submitted for written approval prior to development commencing. It is therefore considered that a condition be inserted to cover these matters and Condition 24 is proposed. Planning obligations The proposed development previously raised a number of issues that could only be resolved through the use of planning obligations in order to make the development acceptable in planning terms. The following obligations were negotiated in 2009/10 and secured on the current extant outline permission through a S106 agreement:

20% Affordable Housing.

Provision of a Local Equipped Children’s Play Area (LEAP) serving 4-8 year olds to serve Phases 1 – 5 of the development. The provision of the play area requires the


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applicant to transfer to the Authority the area of land identified on the plans, provide a financial contribution of £70,000 to construct the play area and a further contribution of £100,000 for the long-term maintenance of the play area over 20 years.

£35,000 commuted sum to mitigate for loss of habitat of biodiversity interest. This will be used for the ten year management of a lapwing site in the vicinity of the site by the RSPB, who will use the sum to both manage the area of grassland for its ecological interest and maintain the lapwing population it supports.

Establishment of a Management Company to manage the green infrastructure across the site via a charge to be levied on the future occupants of the dwellings.

The applicant has been advised that the authority’s affordable housing requirement is now less than when planning permission was previously granted in the context of the former Unitary Development Plan. Policy DM7 of the adopted LDP now requires only 10% affordable housing subject to need and viability. Other planning obligations are also only sought where they do not threaten the viability of the development (Policy DM3 of the adopted LDP). The applicant has indicated an interest in re-negotiating the terms of the S106 agreement to reduce the affordable housing requirement to 10%, but has expressed their intention to carry the remaining obligations forward with the permission as originally agreed. There is no objection to reduction of the affordable housing requirement in light of the current LDP policy. Should permission be granted, a Deed of Variation will therefore be needed to amend the affordable housing contribution to 10% and tie this current application to the existing S106 legal agreement prior to the issue of planning permission. Removal of Code for Sustainable Homes requirement The application seeks the removal of Conditions 34, 35 and 36. This relates to satisfying the Code for Sustainable Homes (CfSH) that, at the time the planning application was granted permission, fell under the jurisdiction of the planning system. As the CfSH is no longer a material planning consideration I consider that the removal of these conditions is reasonable. CfSH is now dealt with under the Building Regulations and can therefore be controlled accordingly. Updating the Decision Notice In issuing an extension of time on the original permission it is also considered good practice to review all the existing planning conditions and advisory notes to ensure that they are up to date and reflect the current situation at the time a renewal of permission is issued. I have already discussed changes/updates to a number of the conditions in my preceding report. The remaining conditions/advisory notes on the permission have been reviewed and updated in accordance with the current good practice on conditions


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(set out in the Authority’s Conditions Manual). The triggers for a number of conditions have also been amended to ensure that the conditions of development are not overly onerous, e.g. the submission of materials samples prior to construction of the development rather than prior to the commencement of development. Phasing clauses have been inserted where appropriate. The submitted plans and documents have been updated to take account of the current submission. A number of advisory notes have either been removed or combined in the interests of brevity. Others have been added to replace issues that were previously covered by condition, but which are now considered more appropriately addressed by an informative note.

6. Conclusion and Recommendation

Taking all the above matters into account I consider that the application to amend conditions on planning permission C/2009/0237 as proposed should be approved. I therefore recommend that permission be GRANTED subject to the completion of a Deed of Variation to vary the affordable housing requirement and tie the original S106 agreement to the new permission and to the following conditions and advisory notes.

1 Permission is granted subject to the provisions of section 91(1) of the Town and Country Planning Act 1990 namely that the development to which this permission relates must be begun not later than the expiration of 5 years beginning with the date on which the permission is granted. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990

2 The development shall not be carried out except in complete accordance with the details of the following approved plans and documents, except where amended by conditions attached to this planning permission:

Plans:

Proposed site layout – drawing No. PL2g, received on 22/06/2015,

Site Location Plan Drawing No PL5a, received on 22/06/2015,

Site Survey – Drawing No S1, received on 02/07/2015

General Road Layout Drawing - No PL3b, received on 22/06/2015,

House Type 1 – Drawing Number PL10,

House Type 1A – Drawing Number PL11,

House Type 1A (T) – Drawing Number PL12,

House Type 1 (B) – Drawing Number PL13,

House Type 1B (T) – Drawing Number PL14,







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House Type 9 Drawing Number PL27,


House Type 9B – Drawing Number PL29,

House Type 1G – Drawing Number PL30,

House Type 1A(G) – Drawing Number PL31,

House Type 1A(TG) – Drawing Number PL32,

House Type 1B(G) – Drawing Number PL33,

House Type 1B(TG) – Drawing Number PL34,

House Type 2(G) – Drawing Number PL35,



House Type 4(G) – Drawing Number – PL38,



Detached Garage Type1 – Drawing Number PL41,

Detached Garage Type 2 – Drawing Number PL42,

House Type 2(T) – Drawing Number PL43,

House Type 2A(T) – Drawing Number PL44,

House Type 6(T) – Drawing Number PL45,

House Type 6A(T) – Drawing Number PL46,

House Type 2A(TG) _Drawing Number PL47,

House Type 6A(TG) - Drawing Number PL48, all received on 22/06/2015 Documents:

Transport Assessment - Residential Development at Park Hill, Tredegar – August 2009, Banners Gate Highways & Transportation, received 22/06/15;

Drainage Strategy – New Housing Development at Park Hill, Tredegar - August 2009, Gemma Design & Building Services, received 22/06/15;

Phase II Geo-Environmental Assessment – Interim Contamination Report, Site at Park Hill, Tredegar, South Wales, by Ivy House Environmental, received 22/06/15;

Coal Mining Risk Assessment Report, Land off Park Hill, Tredegar, May 2015, prepared by Terra Firma (Wales) Ltd., Job No. 13171, received 22/06/15;

Ecological Assessment at Park Hill, Tredegar – June 2009, Howells Ecology,


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received 22/06/15;

Breeding Bird Survey Park Hill Tredegar– June 2009, on behalf of Howells Ecology, received 22/06/15;

Invertebrate Survey Park Hill Tredegar – August 2009, on behalf of Howells Ecology, received 22/06/15;

Reptile Survey Report Park Hill, Tredegar, 22/06/15, by Wildwood Ecology Ltd, received 22/06/15;

Tree Assessment Park Hill Tredegar - Bats – June 2009, on behalf of Howells Ecology, received 22/06/15;

Bat Activity Surveys Park Hill Tredegar– July 2009, on behalf of Howells Ecology, received 22/06/15;

Great Crested Newt Survey at Park Hill Tredegar –June 2009, by Howells Ecology, received 06/10/2009;

Great Crested Newt eDNA Testing Report, Park Hill, Tredegar, dated 22/06/15, by Wildwood Ecology Ltd, received 22/06/15.

Reason: For the avoidance of doubt and to ensure compliance with the approved plans and documents.

3 This permission does not relate to the Site Strategy Plan (Drawing No. PL6c) or the Suggested Phasing Plan, stamped received 22/06/15, submitted with the Outline planning application. Reason: For the avoidance of doubt as to the extent of this permission.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) no enlargements, improvements or other alterations to the dwellings, including the erection of outbuildings or means of enclosure, shall take place without the prior written approval of the Local Planning Authority. Reason: To retain effective planning control of the site in the interests of the visual amenity of the residential development and its wider landscape setting.

5 Prior to the commencement of development, a phasing plan for the construction of houses through subsequent Reserved Matters shall be submitted for the approval of the Local Planning Authority. The development must be completed in accordance with any such phasing plan. Reason: To control the phased development of the site.

6 The development hereby approved shall not be occupied until a new junction configuration/right turning lane on Park Hill Road providing access to the proposed development is provided as detailed on Drawing No. PL3b, received 22/06/2015. Reason: To ensure the development takes place in an acceptable manner.


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7 None of the dwellings hereby approved shall be occupied until the roads and footways serving that part of the site on which the dwelling is located have been constructed to a minimum binder course level and the street lighting serving that part of the site has been erected and energised. All work shall be carried out in accordance with details that have been submitted to and approved by the Local Planning Authority. Reason: To enable the vehicular needs of the development to be adequately served.

8 The construction of the development hereby permitted shall not commence until details of the following off-site highways works (a - e) have first been submitted to and approved in writing by the Local Planning Authority and no dwellings shall ot be occupied until these works have been carried out in accordance with the approved details: a) A Traffic Speed Reduction scheme and additional pedestrian refuge

islands/crossing provisions shall be installed along the whole length of Park Hill B4256 highway;

b) A new bus stop facility shall be installed along both sides of Park Hill B4256 to serve the new residential development;

c) A gateway feature on Park Hill shall be provided to define the urban/rural boundary on the south side of Tredegar;

d) A pedestrian link footway /cycle route shall be provided to link the site direct to Tredegar Comprehensive School;

e) Notwithstanding the details shown on approved Drawing No. PL3b, received 22/06/2015, the new footway adjacent to the garage on Park Hill should be provided as a fully constructed footway.

Reason: In the interests of highway safety and to ensure a range of sustainable travel options to the site.

9 The car parking spaces in front of plots 32 to 43 should be demarcated/ linked with the dwellings that they directly abut. Reason: To avoid obstructive car parking and possible car parking conflicts

10 Notwithstanding the submitted details, prior to the construction of the development hereby approved samples of all external finishes, including walls, roofs, boundary treatments, enclosures, gabions (or other retaining structures), minor structures and hard landscaping, shall first be submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details. Reason: In the interests of visual amenity.


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11 Prior to the construction of each phase of the development hereby approved details of the position, height and materials of walls/fences and other enclosures and minor structures, such as refuse facilities relating to that phase, shall have first been submitted to and approved in writing by the Local Planning Authority. The phase of development shall be completed in accordance with the approved details. Reason: To ensure an acceptable form of development.

12 Prior to the commencement of the development proposals for the repair/ reconstruction of the dilapidated stone wall on the western boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The wall shall be repaired/ reconstructed in accordance with the approved details and prior to the beneficial occupation of any dwellings hereby approved. Reason: In the interests of the historic environment and visual amenity.

13 If the development has not commenced until after June 2017, further surveys of the site for reptiles and bats (on trees identified as being of moderate /high value for bats) shall be undertaken and submitted for the approval of the Local Planning Authority. All recommendations contained in any approved report shall be taken into account in the preparation of the comprehensive Landscape and Ecology Masterplan for the site (see condition 14 of this planning permission). Reason: To safeguard these protected species.

14 Prior to the commencement of development a comprehensive Landscape and Ecology Masterplan shall be prepared, submitted to and approved in writing by the Local Planning Authority, in accordance with terms of reference that have been previously agreed in writing by the Local Planning Authority. The Masterplan shall cover the site area defined by the full planning permission and the site area defined by outline planning permission (ref: C/2015/0326). The Masterplan shall have regard to the recommendations contained in the submitted ecological reports listed in Condition 2 of this planning permission and to the recommendations of any subsequent ecological reports published post-June 2017. The development hereby approved shall be carried out in accordance with the approved Landscape & Ecology Masterplan. Reason: To ensure that robust green infrastructure is integrated into the entire development, including adequate on-site mitigation of the ecological and landscape impacts of the scheme.

15 Prior to the commencement of each phase of development as approved through condition 5 full details of a scheme of all landscape works shall be submitted to and approved in writing by the Local Planning Authority for each phase of development. The scheme of landscaping shall fully accord with the approved


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Landscape and Ecology Masterplan and shall include (inter alia) the following details: a) The location, species, girth or stem diameter and accurately plotted crown

spread of all trees on and adjoining the site; b) A numbered tree condition schedule with proposals for retention removal,

surgery or other works where appropriate; c) Existing site levels including where appropriate sufficient details to allow

proper consideration of retained tree protection; d) Details of existing and proposed watercourses, ponds, services and other

artefacts; e) Details of all earthworks to include the proposed grading and mounding of

land areas, ponds and the levels to be formed. f) Details of all hard landscape works; g) Soft landscape works shall include planting plans, written specifications

(including cultivation and other operations associated with tree, plant and grass establishment such as ground preparation, tree pit details and root barrier methods), and schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

The landscape works for each phase of development shall be carried out strictly in accordance with the approved details and prior to the occupation of any part of that phase of the development. Reason: To ensure that an appropriate landscaping scheme is submitted and implemented to ensure the development contributes to the visual amenities of the area.

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No development shall take place in relation to each phase of development, (including site clearance works) until there has been submitted to and approved in writing by the Local Planning Authority details of a scheme/tree protection plan for the protection of the trees/hedgerows on the site to cover that phase. All works and measures identified in the approved scheme/tree protection plan for that phase of development shall be implemented in accordance with timescales to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure protection of any trees and hedgerows to be retained and to avoid any unnecessary damage to their root system.

17 No works shall commence on site in relation to each phase of development until a site specific Arboricultural Method Statement (AMS) is submitted to and approved in writing by the Local Planning Authority to cover that phase. The AMS must be prepared by an appropriately qualified professional and shall include details of service runs (electricity, gas, drainage telecommunications etc) and details of working in close proximity to identified Root Protection Areas. All works on site must be undertaken in full accordance with the recommendations


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and timescales of an approved AMS for each phase of development. Reason: To ensure protection of any trees and safeguard the landscape and visual amenities of the area.

18 None of the existing trees, shrubs or hedges on the site of whatever species shall be felled, lopped or topped (excluding regular trimming of hedges) uprooted or wilfully damaged without the prior written consent of the Local Planning Authority. If any of the trees, shrubs or hedges are removed without such consent, or if any die or are damaged, they shall be replaced with others of such species, number or size agreed in writing with the Local Planning Authority. Reason: To protect the existing landscape features of the site.

19 No development shall commence on site for each phase of development until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority for that phase. The Statement shall include details of :-

hours of working;

the parking of vehicles of site operatives and visitors;

wheel washing facilities;

storage of plant and materials used during demolition and construction;

The erection and maintenance of security hoardings

Measures to control the emissions of dust and dirt during demolition and construction;

Details of the proposed demolition methods and scheme for the recycling/disposing of waste resulting from demolition and construction works;

Siting and details of any required construction compound;

A risk assessment of any potentially damaging construction activities;

identification of “biodiversity protection zones”;

practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction;

the location and timing of sensitive works to avoid harm to biodiversity features;

The times during construction when specialist ecologist need to be present on site to oversee works;

Responsible persons and lines of communication;

The role and responsibilities on site of an Ecological Clerk of Works (ECoW) or similarly competent person; and

The use of protective fences, exclusion barriers and warning signs. Such details and measures as contained in CEMP approved by the Local Planning Authority for each phase of development shall be adhered to


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throughout the construction period for that phase. Reason: To ensure that the impacts of the demolition and construction phase of the development on the local amenity interests and biodiversity are adequately addressed.

20 No development or site clearance shall take place for each phase of development 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 to and approved in writing by the Local Planning Authority for that development phase. Reason: To identify and record any features of archaeological interest discovered during the works and to mitigate the impact of the works on the archaeological resource.

21 Notwithstanding any details indicated on the approved plans no development shall commence on site until details are submitted to and approved in writing by the Local Planning Authority of a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with. None of the dwellings hereby approved shall be occupied until all drainage works relating to that property and its connection to the wider drainage network are completed in accordance with the approved details. Reason: To ensure that effective drainage facilities are provided for the proposed development and that no adverse impact occurs to the environment or the existing public sewerage system.

22 Development shall not commence until a scheme for the provision and implementation of a surface water regulation system not in excess of that of the existing site or controlling surface water flows from the site to a maximum of 10 litres/second/hectare, whichever is greatest, (this figure should also be applied to the additional impervious surfaces within the development) has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented to the reasonable 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.

23 No development shall take place until an assessment of the stability of the land (and the surrounding area) has been carried out in accordance with a methodology which must first be submitted to and approved in writing by the Local Planning Authority, and shall take account of the recommendations of the Coal Mining Risk Report: Land off Park Hill Tredegar (Job No. 13171), prepared by Terra Firma (Wales) Ltd., dated May 2015 and received 23.06.15. The results


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of such an assessment (and any intrusive site investigation works identified as being necessary) shall be submitted to the Local Planning Authority before works commence on site. If any land instability issues are found during the site investigation, a further report specifying the measures to be taken to remediate the site to render it suitable for the development hereby approved shall also be submitted to and approved in writing by the Local Planning Authority before works commence on site. The development shall not be brought into use until all the measures identified as necessary in any reports on that part of the site and that are approved by the Local Planning Authority are implemented and the Local Planning Authority is provided with a validation report, signed by a suitably qualified person that confirms that such measures and/or works have been fully implemented. Reason: The Local Planning Authority is aware that the site may be affected by land instability and considers that this should be addressed prior to development.

24 All works undertaken shall be implemented in full accordance with the recommendations contained in Phase II Geo-Environmental Assessment – Interim Contamination Report, Site at Park Hill, Tredegar, South Wales, by Ivy House Environmental, received 23.06.15. The development shall not be brought into use until the Local Planning Authority is provided with a validation report, signed by a suitably qualified person that confirms that such recommendations, measures and/or works relating to that part of the site have been fully implemented. Reason: To ensure that the development is implemented in a manner that gives due regard to ground contamination issues.

25 Prior to the commencement of each phase of the development, constructional details of cuttings, retaining walls and platforms, including structural calculations, certified by a Chartered Engineer, shall be submitted for the approval by the Local Planning Authority. Each phase of development shall be implemented in accordance with the approved details. Reason: To ensure the development takes place in an acceptable manner

26 Prior to the construction of each phase of the development hereby approved full details of existing site levels and proposed site, road and slab levels, including cross-sectional drawings for each phase, shall be submitted for the approval of the Local Planning Authority. All works subsequently undertaken shall be in full accordance with the approved details of each phase of development. Reason: To ensure the development takes place in an acceptable manner and to define the scope of this permission.


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27 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound must be at least equivalent to the combined capacity of the tank plus 10%. If there is multiple tankage the compound must be equivalent to the combined capacity of the tanks. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system must be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. Reason: To prevent pollution of the water environment.

28 Prior to the commencement of each phase of development an external lighting plan shall be submitted to and agreed in writing by the Local Planning Authority in consultation with Natural Resources Wales. The plan shall be implemented prior to the occupation of any dwellings associated with that phase of development. Reason: To ensure that dark movement corridors for light sensitive species of bat are maintained around the site.

29 Prior to the commencement of each phase of the development a scheme shall be submitted detailing how the safety and security of the proposed ponds, footpaths through the site, allotments and rear gardens of properties adjoining footpaths (where relevant to each phase) will be achieved, having regard to other approved details such as the landscaping scheme, lighting scheme, engineering works etc. The scheme shall be agreed in writing by the Local Planning Authority and the development will be implemented in accordance with the approved scheme prior to the occupation of any dwellings associated with that phase of development. Reason: In the interest of residential amenity and creating safer, sustainable communities.

Informative Advice

1 The Highway Authority provide the following advice in relation to the development: a. The main access road is to be constructed in accordance with the Highway

Authority’s Design Specification and shall be the subject of a Section 38 Agreement under the Highways Act 1980 if it is intended to offer the highway for formal adoption by the Highway Authority. Advanced junction and new road layout traffic signs must be incorporated into the new junction design.


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b. The off-site highways works must be the subject of a Section 278 Agreement

under the Highways Act 1980 with no works commencing until the agreement is in place to the satisfaction of both Legal Parties. Advanced junction and new road layout traffic signs must be incorporated into the new junction design.

c. Stage 1, 2 and 3 Safety Audits must be carried out with all recommendations

being implemented before occupation of the residential site occurs. d. The Highway Authority will design the street lighting layout on a

rechargeable basis, or if designed by the developer must be to the Highway Authority standards.

e. Details of traffic signs and road markings area to be submitted in accordance

with the Gwent County Council’s Design Guidelines. ‘No through road’ symbol is to be included in street name plates in accordance with diagram 816.2 of the Traffic Signs Regulations and General Direction 1994. All name plates shall have the Local Authority’s crest incorporated into them.

f. Visibility splays of 4.5 metres by 70 metres in both directions at the main

junction with the access road onto the public highway should be achieved, with dropped radius kerbs for pedestrians crossing at the tangent points with the correct tactile surfacing configuration. No planting or obstacles within the required visibility splays must exceed 0.9 metres in height.

g. All highway design and construction must satisfy the requirements of the

Highway Authority’s Design Guidelines:

Residential, Industrial and Commercial Estate Roads Design Guide January 2003

Supplementary Planning Guidance - Access, Car Parking and Design April 2014

In order to comply with these design guidelines the internal access road layout must be amended to achieve a carriageway gradient which does not exceed 1 in 10.

2 The developer should have regard to their responsibilities under the relevant national, European and international wildlife legislation. The developer is advised that no scrub should be removed or trees felled during the bird nesting season (March to August inclusive). The developer should consider provision of bat access into the new build dwellings. In the event of bats being found on the site all works should stop immediately and NRW should be consulted.


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3 The developer is advised to liaise with the relevant statutory undertakers (Welsh Water, Western Power Distribution, Wales & West Utilities) to discuss their requirements in detail with regard to the location of existing infrastructure and the provision /connection of services to the site.

4 There is a public right of way crossing the site. This planning permission does not authorise any diversion, stopping up or other impediment to the use of that right of way. The developer is advised to contact the Rights of Way officer of this Authority prior to the commencement of development.

The following policies in the Local Development Plan were material to this decision: DM1, DM2, DM3, DM4, DM7, DM12, DM14, DM15, DM16, SB1, HC1

7. Risk Implications

None. I am satisfied that the approval of the application meets the relevant criteria set out in the Adopted Blaenau Gwent Local Development Plan.


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Planning Report

Application No: C/2015/0236 App Type: Remove/Vary a Condition

Applicant: Agent:

Real Estate Investors PLC 42-44 Waterloo Street Colmore Business District Birmingham

George & Tomos Penseiri:Architects Mr Arwyn George 12 Cambrian House Heol Penrallt Machynlleth, Powys

Site Address:

Land adjacent to Park Hill Road Tredegar

Development:

Removal of conditions 34, 35 & 36 (code for sustainable homes) & variation of condition 38 (to extend the life of the existing permission) of planning permission C/2009/0328 Case Officer: Catherine Ashby


BACKGROUND I refer Members to a related report on this agenda that seeks the renewal of Full planning permission for Phases 1 & 2 of a development at Park Hill Tredegar (Ref: C/2015/0237). The application the subject of this report seeks the renewal of Outline planning permission for Phases 3 – 5 of the same development, on an adjacent site. Outline planning permission was granted on 07.07.2010 for the development of the site for residential development (phases 3-5). The decision was made subject to conditions and the completion of a S106 legal agreement to secure 20% affordable housing, children’s play space and recreation facilities, ecological mitigation, primary and secondary education contributions and the setting up of a Management Company to manage the communal areas of the site covered by a Landscape and Ecology Masterplan. The current application does not propose any changes to the scheme to develop the site for residential purposes. It is acknowledged that a new Local Development Plan (LDP) and a new Access, Car Parking and Design Supplementary Planning Guidance (SPG) have been adopted since the original permission was granted. The applicant confirms that the site layout of the development could be designed to conform to the relevant new standards. Therefore the application seeks to vary Condition 38 of the approved outline planning permission (C/2009/0328) to allow a further 3 years from the date of approval for the


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submission of the Reserved Matters, and consequently extend the life of the outline planning permission. Due to the removal of the requirement to deliver Code for Sustainable Homes (CfSH) from the planning system, the application also seeks to remove Conditions 34, 35 and 36 which relate to CfSH. These conditions required the dwellings to be constructed to achieve minimum Code 3 design standards, the submission of a design stage assessment / related certification prior to the commencement of development, and the submission of a post-construction stage assessment/ certification to demonstrate that the development has achieved Code level 3. This is now delivered by the Building Regulations. The applicant has also indicated that they wish to seek to vary the terms of the original S.106 agreement in respect of Affordable Housing. The adopted LDP states a requirement for 10% of affordable housing to be provided subject to need and viability, whereas the former requirement of the UDP was 20%. The applicant therefore seeks to reduce the affordable housing requirement to 10% in accordance with the current policy. It is proposed to secure the 10% affordable housing requirement and carry forward the remaining planning obligations to any new planning permission via a deed of variation. DEVELOPMENT & SITE CONTEXT The application site is a ‘greenfield’ site that lies on the southern edge of the urban boundary of Tredegar. The site climbs the north east flank of Bedwellty Mountain, extending from the defined settlement boundary at 340 metres above sea level upwards and southwards to 380 metres above sea level. The site lies between the Cefn Golau housing estate, to the north, Tredegar Recreation Ground and Comprehensive School to the east, and open moorland to the south and west. The application site is bounded to the west by the edge of the Full planning application site, beyond which lies the B4256 road between Tredegar and Rumney. Outside the boundary, but in close proximity to the site, is the Cefn Golau Pond, the Cefn Golau Cholera Cemetery Scheduled Ancient Monument and a site managed by the Royal Society for the Protection of Birds (RSPB) to safeguard a population of lapwings. The site has a naturally steep gradient from west to east and is open moorland in character, comprising mainly grassland habitat with a number of open streams and ditches. Forming part of Outline site is an existing pond close to the south west boundary, a steeply wooded valley just below the pond and a ditch and hedgerow running diagonally across the site southwest/northeast.


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The site extends over the eastern part of a larger 13 hectare site that is identified in the adopted Local Development Plan as a housing commitment (HC1.22 for 160 units, based on an earlier 2009 planning permission). The remainder of the committed site is subject to a separate application for full planning permission referred to above. The renewal for full planning permission proposes 141 dwellings on half of the site, but this renewal outline permission does not specify the number of dwellings proposed for the remaining half of the site, although the applicant notes in the Design & Access Statement that it could deliver up to a 150 dwellings. Taking the two sites together the site would therefore be developed at a higher density than the 160 dwellings identified in the housing commitment. The three potential phases of development are indicated on a ‘suggested phasing plan’. An indicative ‘site strategy plan’ has also been submitted to demonstrate how the development might take place, to include the amount of development and indicative access points. This is supplemented by the Design and Access Statement which includes a scale and parameters statement that outlines the proposed use, scale parameters and design principles behind the proposed development. The phasing plan, site strategy plan or DAS would not become approved plans and documents. The phased development of the site and the detailed layout of the development would instead form part of future Reserved Matters application(s) (see proposed Conditions 5 and 29). The site strategy plan indicates that the site access would be taken from the estate road proposed with the full renewal application, which feeds onto an access point onto Park Hill Road. The layout suggests a fairly dense form of development along similar lines to that previously approved in the extant full application. The DAS indicates that the dwellings would be mainly two-storey in scale and would take advantage of various gradients across the site to create split-level dwellings in some cases. The Applicant has confirmed that a Landscape and Ecology Masterplan for the whole site (including the adjacent full application site) will be prepared if planning permission is granted. This would ensure that a strategic green network is established in the interests of the drainage, landscape and ecology of the site, and will form the framework for future Reserved Matter applications.

2. Site History

Ref No Details Decision

777 Residential Development Approved (Mon. CC) 09.11.59

897 Residential Development Approved (Mon. CC)


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09.05.61 1263 Layout for residential development Approved 07.06.63 2544 Residential Development Approved 12.06.80 8894 Erection of 275 Dwellings Withdrawn 01.04.97 98/0051 Erection of 160 Dwellings Approved 25.04.99 2003/0322 Renewal of Planning Permission 98/0051 for

160 dwellings & provision of open space & formation of new vehicular & pedestrian accesses to the site

Approved 18.02.2005

2009/0328 Residential development at Pentre Parc, Tredegar (outline)

Approved 07.07.10

2009/0329 New development for 143 dwellings (full) Approved 07.07.10


Internal BG Responses Team Manager Building Control: Building Regulations required Service Manager Infrastructure: Highways: No highway objections in principle to the residential development in this location, all highway design and construction must satisfy the requirements of the Highway Authority’s Design Guidelines/Supplementary Planning Guidance (SPG). Whilst it is noted that the application is for Outline permission in order to comply with design guidelines the internal access road layout shall be amended to achieve a carriageway gradient which does not exceed 1 in 10. A number of highway /transport requirements have been identified and should be underpinned by planning conditions/S106 agreement. Drainage: No objection in principle, but require more detailed information prior to work commencing. Ground Stability: No objections in principle subject to the following measures being undertaken prior to commencement of works: rotary probe drilling as recommended in the CMRA must be undertaken prior to construction of development; borehole data should be obtained;


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the results of the geotechnical testing must be submitted; determine whether radon gas protection measures are required for the development; gas monitoring results should be submitted prior to development, all as recommended in the submitted geo-environmental report. Landscape: Given status of the allocation of the development within the LDP there is no objection to the principle of the development. The success of the scheme will be down to effective design and detailing. Landscape details will be required for the whole site to provide a clear Masterplan. Phasing plans will also be required. All landscape details to be agreed prior to the start of development on site. Arboricultural: A small number of low value trees are to be removed and this is acceptable. A larger area of woodland and lengths of hedgerow are to be retained and these areas including root protection zones are required to be protected during construction in accordance with BS5837:2012. A tree protection plan and arb method statement should be submitted (condition). Rights of Way: There are two rights of way (footpaths) Nos. 339/36/1 and 339/54/1 abutting the site. Request attachment of advisory notes concerning rights of way legislation in relation to obstruction, diversion or stopping up of public rights of way. Ecology: Ecological Assessment – The 2009 assessment contains broadly similar habitat to what is present on site today and does not need to be reviewed. Applicant to note the site is a designated SINC and recommendations at paras 6.3 and 6.4 should be incorporated into the scheme (via condition). Reptiles – An updated survey has been provided as the habitat remains suitable for reptiles (although none found in the 2009 survey). Updated report confirms no reptiles present on site. No further surveys or mitigation required. Bats – Original 2009 survey did not find presence of within the identified roosting area although the habitat is suitable and bats observed foraging in the area. The Masterplan indicates that the areas of interest for bats are to be retained (the trees within the valley and the old hedgerow). Although a number of small trees are to be removed my site visit confirmed that they appear unsuitable for bats to be present. No further survey or mitigation required. Great crested news (GCN) - The original 2009 survey did not find any presence of GCN on the site and there are no known records of GCN in the Borough. The pond will be retained as part of the development, but due to the terrestrial habitat around the pond being suitable an updated survey has been provided. This confirms no GCN present on the site. Recommendations to protect other amphibians known to be on the


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site (palmate, common frog and toad) to be conditioned. Birds – Original 2009 survey found the southern valley to be a good habitat for breeding birds with plenty of species recorded as nesting, but the Masterplan indicates this area is to be retained. No further bird surveys required, although ground nesting birds noted during the 2015 reptile survey and they could therefore be present across the wider site. The applicant’s attention is drawn to its legal responsibilities concerning the disturbance of breeding birds, their nests and eggs under wildlife legislation. Other- The retained habitats including the woodland and hedgerows, will be required to be protected with fencing to BS5837:2012 standard (condition). A Construction Environmental Management Plan to include details of the protection/retention of ecological features to be conditioned. Integrated Biodiversity and Landscape Management Plan to be conditioned. Service Manager Public Protection: No objections or comments. Head of Estates and Strategic Asset Management: No response received Service Manager – Waste Advisory note recommended concerning removal and disposal of all waste arising from the development in accordance with The Waste (England and Wales) Regulation 2011, Article 12, and the principles of the Waste Hierarchy. External Consultation Responses Town / Community Council: Original concerns regarding lack of open space still stand. Natural Resources Wales: No objection. No comments regarding the removal of conditions 34, 35 and 36. Please note that Great Crested Newts and all species of British bats are European Protected Species legally protected under The Conservation of Habitats and Species Regulations 2010 (as amended). Legal protection relates to the animals themselves and the places they use to rest and breed. Where a European Protected Species (EPS) is present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by NRW, having set out the three requirements set out in the legislation. One of these requires that the development authorised will ‘not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.


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These requirements are translated into planning policy through PPW (July 2014) section 5.5.11 and 5.5.12 and TAN 5 Nature Conservation and Planning (Sept 2009). The LPA should take them into account when considering development proposals where a EPS is present. We note the requirements of Condition 13 of the planning permission. The above information would serve to inform the Masterplan necessitated by condition 13 in that the Masterplan is required to ‘have regard to the recommendations contained in the submitted ecological reports listed in Condition 2 of this planning permission and the recommendations of any subsequent ecological reports published post June 2010. Welsh Water: Advised of location of apparatus. Conditions and advisory notes suggested for inclusion on any future permission, to cover sewerage and the integrated and comprehensive drainage of the site. Western Power: Advised of location of apparatus in relation to the proposed development. W&W Utilities: No response received. Coal Authority: The development site falls within the defined Development High Risk Area and records indicate that the site is likely to have been subject to historic unrecorded coal mining at a shallow depth associated with coal which outcropped across the site. It is noted that Condition 21 of planning permission C/2009/0328 does relate to land stability and requires the results of a site investigation and an assessment of the overall stability of the site to be submitted for approval prior to commencement of development. The Coal Authority raises no objections and recommends that the previous condition relating to land instability be repeated on any reissued consent. GGAT: No objections. Recommend that the archaeological condition be retained in the current application, and that the condition should be worded in a manner similar to the model given in Welsh Circular 60/96, Section 23. GWT: No response received Cadw:


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There is no change to the impact of the proposed development on the setting of the designated monuments, than the position when outline consent was originally granted. No further comment relating to the impact on the designated historic assets. Aneurin Bevan Leisure Trust Heritage Officer: No response received. Public Consultation: Strikethrough to delete as appropriate


3 site notice(s)

press notice




other Response: No representations have been received

4. Planning Policy

Team Manager European and Planning Policy: Planning Policy broadly support the proposed variation of conditions without prejudice to the following issues being taken into account: ecology, visual impact, amenity, land stability, visual impact, amenity, land stability, contamination, highway safety, car parking provision, secured by design, landscaping and planting, consideration of low and zero carbon energy technologies and planning obligations.

LDP Policies: DM1 New Development DM2 Design and Placemaking DM3 Infrastructure Provision DM4 Low and Zero Carbon Energy DM7 Affordable Housing DM12 Provision of Outdoor Sport and Play DM14 Biodiversity Protection and Enhancement DM15 Protection and Enhancement of the Green Infrastructure DM16 Trees, Woodlands and Hedgerow Protection SB1 Settlement Boundaries HC1 Housing Commitments

PPW & TANs:


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Planning Policy Wales 7th Edition (July 2014) SPG – Planning Obligations, September 2011 SPG – Access, Car Parking and Design, April 2014


The key material planning considerations raised by the proposed development are as follows.

Principle of the proposed use;

Amount of development, layout scale, design, access and parking;

Impact on landscape and ecology;

Impact on land, surface water and land drainage;

Impact on site stability and contamination;

Removal of Code for Sustainable Homes requirement; and

Planning obligations. The principle of the proposed use The LDP indicates that the site lies within the defined settlement boundary (Policy SB1) and identifies it as a committed housing site (Policy HC1.22) by virtue of previous planning permissions that have been granted. The principle of a residential use of the site is therefore acceptable subject to it meeting the criteria of other relevant policies in the LDP. Amount of development, layout, scale, design, access and parking The outline application does not seek permission for a specified number of dwellings. The indicative layout suggests the site could accommodate 150 dwellings which is higher than the density identified in the LDP. This issue was examined in detail in the consideration of the extant outline permission. The low density figure cited in the LDP reflects the fact that parts of the site will not be developed and implies that a low density scheme was considered appropriate to the location. The Applicant is aware that the Council considers that Phases 3-5 of the development should be designed at a much lower density than that currently shown on the indicative Masterplan of the site. The issue of density is therefore expected to be central to negotiations on any future Reserved Matters applications concerning the part of the site covered by any Outline permission. The extant condition 13 requires a comprehensive Landscape and Ecology Masterplan to be approved prior to the submission of any Reserved Matters, which will ensure that a robust landscaping scheme will enhance the development and integrate it with phases 1 and 2 of the development, into the settlement and the wider area. This requirement is carried forward by proposed Condition 10.The accompanying S106 agreement requires a Management Company to be established to enable a fee to be levied from the future occupiers of each property to enable the communal areas of


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green infrastructure to be managed in perpetuity. The Highway Authority highlights that new design standards have been adopted since planning permission was originally granted. However, since the scheme is in outline there are no reasons why these could not be achieved in the design of the final development and the applicant has confirmed this. A number of planning conditions (extant Conditions 6-9) and requirements were previously required by the Highway Authority as part of the former permission. The previous requirements for onsite and off-site highways works remain valid and should be carried forward on a renewed permission with several amendments, as follows.

Proposed Conditions 6 and 7 carried forward from the extant permission;

Extant Conditions 6 and 8 (requiring the provision of a new access junction from Park Hill Road and visibility splays) be moved to the advisory notes as these are covered in the full permission and will be dealt with in subsequent Reserved Matters applications;

A new advisory note be added highlighting the new design standards; and

A new advisory note be added highlighting that in addition to the required S.278 agreement Stage 1, 2 and 3 Safety Audits be carried out prior to the occupation of the residential units.

Landscape, Ecology and Historic Environment As detailed above the application proposes to prepare a landscape and ecology masterplan to manage the significant areas of green infrastructure that are proposed as an integral part of the development. In addition, phasing plans are also required to demonstrate how each stage of development will be brought forward, to include the landscaping framework. Extant Condition 14 was previously attached requiring that a full scheme of landscape works be submitted for approval prior to the commencement of development. It is considered that this condition needs amending to refer to the approved landscape works being submitted for approval prior to the commencement of each phase of development as approved. Extant Condition 15 required that landscape works be completed prior to the occupation of any part of that phase of development. It is considered that this could be combined with extant Condition 14 as it concerns the implementation stage of the landscaping scheme. A new landscape Condition 12 is therefore proposed. Prior to submission the County Ecologist reviewed all the ecological reports that were submitted in support of the former outline application to establish whether any required updating. On the basis of her advice the original ecological assessment, bird, bat and great crested newt species surveys were considered acceptable and have been


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submitted, and an updated reptile survey was submitted. The Ecologist is content with the reports and requires the recommendations at section 6.3 and 6.4 of the ecological assessment, and the recommendations of the great crested newt surveys to be conditioned. No further survey or mitigation over and above what was previously identified is required in respect of reptiles, bats or birds, but the developer must fulfil their responsibilities under the wildlife legislation, and an advisory not to this effect is proposed. Proposed Condition 10 for an integrated Landscape and Ecology Masterplan is required to take into account the recommendations of all the ecological reports. The Ecologist recommends that a Construction Environmental Management Plan to protect/retain ecological features during construction be conditioned. It is proposed to replace the extant Condition 28 with a more up to date and comprehensive condition (see proposed Condition 16). The Ecologist’s advice and suggested approach has been reiterated by NRW in their response on the impact of the development on European Protected Species. I recommend that extant Condition 12 be carried forward (see proposed Condition 11), which required further surveys of the site for reptiles and bats to be carried out within two years of the original surveys if reserved matters were not submitted within that timeframe. Whilst this requirement has not been repeated by the Ecologist in relation to the current application it is one of the recommendations of the reptile survey report. I recommend that Condition 16 be removed regarding the removal of scrub and trees during the bird nesting season. This can be satisfactorily covered in an advisory note on the permission. No objections have been raised to the development on the grounds of impact on trees, but the advice of the Ecologist is for a tree protection plan and arboricultural method statement to be submitted prior to the commencement of development (see proposed Conditions 13 and 14). Tree protection is covered via a condition in the extant permission but the suggested approach is more up to date and is proposed to replace extant Condition 18. I also propose to carry forward a condition from the extant permission concerning the management of retained trees on the site (see proposed Condition 15). No comments have been received from the Heritage Officer on the current application, although he did previously object to the extant application on the grounds that the development would have an adverse impact on a rare pre-industrial agricultural landscape that forms an important landscape setting to the town. The hedge line across the site is also along the line of a former ‘leat’ (artificial watercourse) associated with the historic Tredegar Iron Works and Bedwellty Park. The concerns of the Heritage Officer were acknowledged and the applicant endeavoured to ensure the layout


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integrates some of the historic features, including an existing pond, the leat (which will be retained in a public open space/wildlife corridor as part of the Outline application), other watercourses and the stone wall at the boundary of the site. Condition 31 was attached to the extant permission requiring that an archaeological assessment of the site and a separate Condition 32 requiring an evaluation of the leat be carried out, both prior to the commencement of the Outline development. GGAT has recommended that that proposed archaeological condition be retained in the current application, but that the condition wording be updated to reflect the model in Welsh Circular 60/96. I consider that an updated archaeological assessment condition would be appropriate and that the condition relating to the evaluation of the leat should be carried forward. Conditions 17 and 18 are proposed respectively. Cadw has also been consulted due to the close proximity of the development to the Cefn Golau Cholera Cemetery, which is a Scheduled Ancient Monument (SAM). However, as in the former extant permission, they have raised no objections due to the location of the dam that encloses the ironworks pond which blocks views of the development from the SAM. There has been no change in circumstance since the permission was granted and Cadw therefore have no further comment relating to the impact of the development on designated heritage assets. Drainage, flood risk and water supply The Council’s Drainage Engineer, Welsh Water and NRW have been consulted. The Drainage Engineer and Welsh Water confirm no objection to the principle of development subject to the submission of more detailed information on surface water drainage, land drainage and foul drainage. During consideration of the extant permission the former Environment Agency highlighted the potential for surface water flooding with a development of this size in this location and a condition was required to limit the flow rate from the site. They also stated the need for flood defence consents for works to watercourses and culverts and the need to retain existing water courses/drainage ditches for drainage and ecological purposes. NRW has not raised this as an issue on the current application, which is likely to have arisen from the recent transfer of the responsibility for surface water drainage matters from NRW to Local Authorities. However, I consider that the issue of the flow rate from the site remains pertinent to the consideration of this renewal application and it is therefore proposed to carry forward this condition (see proposed Condition 20). Due to the nature of the site the applicant proposes to address the issue of drainage and flooding in the overall design of the development. New balancing ponds are planned into the scheme and the use of existing watercourses will be maximised, with culverting taking place only where roads cross watercourses. Sustainable urban


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drainage (SUDs) measures are also proposed. It is considered that the Applicant has demonstrated a commitment to address drainage and flooding in the future design of the development and the technical drainage issues, including the control of the flow rate from the site, can be addressed. Condition 19 is therefore recommended for the preparation of a comprehensive integrated drainage scheme for the site. During consideration of the extant permission Welsh Water raised concerns about the ability of the water supply network to service a development above 160 dwellings (including the total number constructed on the adjacent site for full planning permission) and as a consequence of such concern this a condition was imposed for the provision of accelerated improvements to the network to facilitate the provision of water to the site, at the developers cost. Similarly, Welsh Water also previously requested that development shall not commence until the accelerated provision of replacement sewerage infrastructure be implemented at the developers cost. The extant permission accordingly included conditions regarding the how foul and surface water drainage should be managed in the interests of the wider public sewerage system. Neither issue has been raised in the recent consultation response from Welsh Water. I consider that of the above issues concerning the wider, strategic upgrading of the water supply/sewerage network are matters to be resolved between the developer and the statutory undertaker and that the extant conditions replicate the regulatory function of Welsh Water, which is not considered good practice. In this regard I propose to remove the conditions related to the upgrading of the water supply / sewerage network and in their place attach an advisory note advising the developer to liaise with Welsh Water on all matters relating to the provision of a water supply and the foul drainage of the site. In relation to the drainage of the site itself, proposed Conditions 19 and 20 are considered sufficient to regulate the comprehensive integrated drainage of the proposed development. Site stability and contamination Part of the site falls within the defined Development High Risk Area and a Coal Mining Risk Assessment was therefore requested and submitted with the application. A Phase II Geo-Environmental Assessment – Interim Contamination Report, which was previously submitted with the extant application, has again been submitted. The gradient of the site means that site stability is a significant issue and in order to facilitate the development a number of retaining structures will be required across the site. In considering the former extant permission local residents reported a historic landslip in the vicinity, but these concerns have not been raised by residents in relation to the current planning application. The Coal Authority and the Council’s Structural Engineer have considered the CMRA.


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The Coal Authority recommend that the existing condition on the extant planning permission, requiring a site investigation and an assessment of the overall stability of the site and any necessary mitigation thereof, be repeated and reissued on any future permission. The Council Engineer requests that the rotary probe drilling recommended in the CMRA be undertaken prior to the construction of development. It is therefore recommended that the existing site stability condition be retained in an updated format, to include a reference to the recommendations of the CMRA (see proposed Condition 21). Unusually, contamination is not a significant issue on this site due to its greenfield character. The Council’s Environmental Health Officer has therefore made no comments or requirements in respect of contamination. However, the Council’s Engineer requests that all measures identified in the submitted Phase II Geo-Environmental Assessment – Interim Contamination Report regarding Geotechnical Testing, Radon gas protection and gas monitoring should be submitted for written approval prior to development commencing. It is therefore considered that a condition be inserted to cover these matters and Condition 24 is proposed. Code for Sustainable Homes The application seeks the removal of Conditions 34, 35 and 36. This relates to satisfying the Code for Sustainable Homes (CfSH) that, at the time the planning application was granted permission, fell under the jurisdiction of the planning system. As the CfSH is no longer a material planning consideration I consider that the removal of these conditions is reasonable. CfSH is now delivered by the Building Regulations and can therefore be controlled accordingly. Planning obligations The proposed development previously raised a number of issues that could only be resolved through the use of planning obligations in order to make the development acceptable in planning terms. The following obligations were negotiated in 2009/10 and secured on the current extant outline permission through a S106 agreement:

20% Affordable Housing.

£80,000 commuted sum to upgrade recreation facilities at Tredegar Recreation Ground.

£6,000 commuted sum for the management of a similar sized area of grassland for a period of five years on another site within the County Borough.

Establishment of a Management Company to manage the green infrastructure across the site via a charge to be levied on the future occupants of the dwellings. This will extend to any allotments, should they for any reason not go ahead or fail to be maintained in perpetuity by the Allotment Authority (Tredegar Town Council was consulted and indicated they would be willing, in principle, to manage the allotments).


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If the total number of 2-bedroom dwellings and above on the entire site (including the area subject of full permission) exceed the following thresholds commuted sums will be required on a per dwelling basis using the Council’s current formula used to calculate a Primary and a Secondary school place, which is in place at the time planning permission is granted. The thresholds applied at the time the agreement was negotiated were:-Deighton Primary School: 236 dwellings, and Tredegar Secondary School: 124 dwellings.

The applicant has been advised that the authority’s affordable housing requirement is now less than when planning permission was previously granted in the context of the former Unitary Development Plan. Policy DM7 of the adopted LDP now requires only 10% affordable housing subject to need and viability. Other planning obligations are also only sought where they do not threaten the viability of the development (Policy DM3 of the adopted LDP). The applicant has indicated an interest in re-negotiating the terms of the S106 agreement to reduce the affordable housing requirement to 10%, but has expressed their intention to carry the remaining obligations forward with the permission as originally agreed. There is no objection to reduction of the affordable housing requirement in light of the current LDP policy. Should permission be granted, a Deed of Variation will therefore be needed to amend the affordable housing contribution to 10% and tie this current application to the existing S106 legal agreement prior to the issue of planning permission. Updating the Decision Notice In issuing an extension of time on the original permission it is also considered good practice to review all the existing planning conditions and advisory notes to ensure that they are up to date and reflect the current situation at the time a renewal of permission is issued. I have already discussed changes/updates to a number of the conditions in my preceding report. The remaining conditions/advisory notes on the permission have been reviewed and updated in accordance with the current good practice on conditions (set out in the Authority’s Conditions Manual). The triggers for a number of conditions have also been amended to ensure that the conditions of development are not overly onerous, e.g. the submission of materials samples prior to construction of the development rather than prior to the commencement of development. Phasing clauses have been inserted where appropriate. The submitted plans and documents have been updated to take account of the current submission. A number of advisory notes have either been removed or combined in the interests of brevity. Others have been added to replace issues that were previously covered by condition, but which are now considered more appropriately addressed by an informative note.



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Taking all the above matters into account I consider that the application to amend conditions on planning permission C/2009/0236 as proposed should be approved. I therefore recommend that permission be GRANTED subject to the completion of a Deed of Variation to vary the affordable housing requirement and tie the original S106 agreement to the new permission and to the following conditions and advisory notes.

1 Approval of the layout, scale, design, appearance, access and landscaping of the site (hereinafter called the reserved matters) shall be obtained from the Local Planning Authority in writing before any commencement of development. Reason: These reserved matters have not been submitted for approval.

2 The development shall not be carried out except in complete accordance with the details of the following approved plans and documents, except where amended by conditions attached to this planning permission: Plans:

Site Location Plan – Drawing No. PL7a, stamped received 26/10/15. Documents:

Transport Assessment - Residential Development at Park Hill, Tredegar – August 2009, Banners Gate Highways & Transportation, stamped received 23/10/15;

Drainage Strategy – New Housing Development at Park Hill, Tredegar - August 2009, Gemma Design & Building Services, stamped received 23/10/15;

Phase II Geo-Environmental Assessment – Interim Contamination Report, Site at Park Hill, Tredegar, South Wales, by Ivy House Environmental, stamped received 23/10/15;

Coal Mining Risk Assessment Report, Land off Park Hill, Tredegar, May 2015, prepared by Terra Firma (Wales) Ltd., Job No. 13171, stamped received 23/06/15;

Ecological Assessment at Park Hill, Tredegar – June 2009, Howells Ecology, stamped received 23/06/15;

Breeding Bird Survey Park Hill Tredegar– June 2009, on behalf of Howells Ecology, stamped received 23/06/15;

Invertebrate Survey Park Hill Tredegar – August 2009, on behalf of Howells Ecology, stamped received 23/06/15;

Reptile Survey Report Park Hill, Tredegar, 22/06/15, by Wildwood Ecology Ltd, stamped received 23/06/15;

Tree Assessment Park Hill Tredegar - Bats – June 2009, on behalf of Howells Ecology, stamped received 23/06/15;


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Bat Activity Surveys Park Hill Tredegar– July 2009, on behalf of Howells Ecology, stamped received 23/06/15;

Great Crested Newt Survey at Park Hill Tredegar –June 2009, by Howells Ecology, stamped received 06/10/2009;

Great Crested Newt eDNA Testing Report, Park Hill, Tredegar, dated 22/06/15, by Wildwood Ecology Ltd, stamped received 23/06/15.

Reason: For the avoidance of doubt and to ensure compliance with the approved plans and documents.

3 This permission does not relate to the Site Strategy Plan (Drawing No. PL6c) or the Suggested Phasing Plan, stamped received 23/06/15, submitted with the Outline planning application. Reason: For the avoidance of doubt as to the extent of this permission.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) no enlargements, improvements or other alterations to the dwellings, including the erection of outbuildings or means of enclosure, shall take place without the prior written approval of the Local Planning Authority. Reason: To retain effective planning control of the site in the interests of the visual amenity of the residential development and its wider landscape setting.

5 Prior to the commencement of development, a phasing plan for the construction of houses through subsequent Reserved Matters shall be submitted for the approval of the Local Planning Authority. The development must be completed in accordance with any such phasing plan. Reason: To control the phased development of the site.

6 None of the dwellings hereby approved shall be occupied until the roads and footways serving that part of the site on which the dwelling is located have been constructed to a minimum binder course level and the street lighting serving that part of the site has been erected and energised. All work shall be carried out in accordance with details that have been submitted to and approved by the Local PlanningAuthority. Reason: To enable the vehicular needs of the development to be adequately served.

7 The construction of the development hereby permitted shall not commence until details of the following off-site highways works (a - e) have first been submitted to and approved in writing by the Local Planning Authority and no dwellings shall


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not be occupied until these works have been carried out in accordance with the approved details: f) A Traffic Speed Reduction scheme and additional pedestrian refuge

islands/crossing provisions shall be installed along the whole length of Park Hill B4256 highway;

g) A new bus stop facility shall be installed along both sides of Park Hill B4256 to serve the new residential development;

h) A gateway feature on Park Hill shall be provided to define the urban/rural boundary on the south side of Tredegar;

i) A pedestrian link footway /cycle route shall be provided to link the site direct to Tredegar Comprehensive School.

j) Notwithstanding the details shown on approved Drawing No. PL3a, received 6 October 2009, the new footway adjacent to the garage on Park Hill should be provided as a fully constructed footway.

Reason: In the interests of highway safety and to ensure a range of sustainable travel options to the site.

8 Notwithstanding the submitted details, prior to the construction of the development hereby approved samples of all external finishes, including walls, roofs, boundary treatments, enclosures, gabions (or other retaining structures), minor structures and hard landscaping, shall first be submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details. Reason: In the interests of visual amenity.

9 Prior to the construction of each phase of the development hereby approved details of the position, height and materials of walls/fences and other enclosures and minor structures, such as refuse facilities relating to that phase, shall have first been submitted to and approved in writing by the Local Planning Authority. The phase of development shall be completed in accordance with the approved details. Reason: To ensure an acceptable form of development.

10 Prior to the submission of any Reserved Matters a comprehensive Landscape and Ecology Masterplan shall be prepared, submitted to and approved in writing by the Local Planning Authority, in accordance with terms of reference that have been previously agreed in writing by the Local Planning Authority. The Masterplan shall cover the site area defined by the outline planning permission and the site area defined by full planning permission C/2015/0237. The Masterplan shall have regard to the recommendations contained in the submitted ecological reports listed in Condition 2 of this planning permission and the recommendations of any subsequent ecological reports published post-June


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2017. Subsequent applications for Reserved Matters for the development hereby approved shall have full regard to the approved Landscape & Ecology Masterplan, and the development shall be carried out in accordance with those Reserved Matters and the approved Landscape & Ecology Masterplan. Reason: To ensure that robust green infrastructure is integrated into the entire development, including adequate on-site mitigation of the ecological and landscape impacts of the scheme.

11 If the Reserved Matters are not submitted until after June 2017, further surveys of the site for reptiles and bats (on trees identified as being of moderate /high value for bats) shall be undertaken and submitted for the approval of the Local Planning Authority. All recommendations contained in any approved report shall be taken into account in the preparation of the comprehensive Landscape and Ecology Masterplan for the site (see condition 11 of this planning permission). Reason: To safeguard these protected species.

12 Prior to the commencement of each phase of development as approved through condition 5 full details of a scheme of all landscape works shall be submitted to and approved in writing by the Local Planning Authority for each phase of development. The scheme of landscaping shall fully accord with the approved Landscape and Ecology Masterplan and shall include (inter alia) the following details: h) The location, species, girth or stem diameter and accurately plotted crown

spread of all trees on and adjoining the site; i) A numbered tree condition schedule with proposals for retention removal,

surgery or other works where appropriate; j) Existing site levels including where appropriate sufficient details to allow

proper consideration of retained tree protection; k) Details of existing and proposed watercourses, ponds, services and other

artefacts; l) Details of all earthworks to include the proposed grading and mounding of

land areas, ponds and the levels to be formed. m) Details of all hard landscape works; n) Soft landscape works shall include planting plans, written specifications

(including cultivation and other operations associated with tree, plant and grass establishment such as ground preparation, tree pit details and root barrier methods), and schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

The landscape works for each phase of development shall be carried out strictly in accordance with the approved details and prior to the occupation of any part of that phase of the development. Reason: To ensure that an appropriate landscaping scheme is submitted and


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implemented to ensure the development contributes to the visual amenities of the area.

13

No development shall take place in relation to each phase of development, (including site clearance works) until there has been submitted to and approved in writing by the Local Planning Authority details of a scheme/tree protection plan for the protection of the trees/hedgerows on the site to cover that phase. All works and measures identified in the approved scheme/tree protection plan for that phase of development shall be implemented in accordance with timescales to be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure protection of any trees and hedgerows to be retained and to avoid any unnecessary damage to their root system.

14 No works shall commence on site in relation to each phase of development until a site specific Arboricultural Method Statement (AMS) is submitted to and approved in writing by the Local Planning Authority to cover that phase. The AMS must be prepared by an appropriately qualified professional and shall include details of service runs (electricity, gas, drainage telecommunications etc) and details of working in close proximity to identified Root Protection Areas. All works on site must be undertaken in full accordance with the recommendations and timescales of an approved AMS for each phase of development. Reason: To ensure protection of any trees and safeguard the landscape and visual amenities of the area.

15 None of the existing trees, shrubs or hedges on the site of whatever species shall be felled, lopped or topped (excluding regular trimming of hedges) uprooted or wilfully damaged without the prior written consent of the Local Planning Authority. If any of the trees, shrubs or hedges are removed without such consent, or if any die or are damaged, they shall be replaced with others of such species, number or size agreed in writing with the Local Planning Authority. Reason: To protect the existing landscape features of the site.

16 No development shall commence on site for each phase of development until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority for that phase. The Statement shall include details of :-

hours of working;

the parking of vehicles of site operatives and visitors;

wheel washing facilities;

storage of plant and materials used during demolition and construction;

The erection and maintenance of security hoardings

Measures to control the emissions of dust and dirt during demolition and


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construction;

Details of the proposed demolition methods and scheme for the recycling/disposing of waste resulting from demolition and construction works;

Siting and details of any required construction compound;

A risk assessment of any potentially damaging construction activities;

identification of “biodiversity protection zones”;

practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction;

the location and timing of sensitive works to avoid harm to biodiversity features;

The times during construction when specialist ecologist need to be present on site to oversee works;

Responsible persons and lines of communication;

The role and responsibilities on site of an Ecological Clerk of Works (ECoW) or similarly competent person; and

The use of protective fences, exclusion barriers and warning signs.

Such details and measures as contained in CEMP approved by the Local Planning Authority for each phase of development shall be adhered to throughout the construction period for that phase. Reason: To ensure that the impacts of the demolition and construction phase of the development on the local amenity interests and biodiversity are adequately addressed.

17 No development or site clearance shall take place for each phase of development 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 to and approved in writing by the Local Planning Authority for that development phase. Reason: To identify and record any features of archaeological interest discovered during the works and to mitigate the impact of the works on the archaeological resource.

18 No development shall take place until the applicant, or their agents or successors in title, has commissioned and funded a measured archaeological survey and photographic record of the leat. This should be carried out by a suitably qualified archaeologist that shall be first approved in writing by the Local Planning Authority and the results deposited with the Local Planning Authority and the Gwent Glamorgan Archaeological Trust.


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Reason: In the interests of recording any archaeological remains.

19 Notwithstanding any details indicated on the approved plans no development shall commence on site until details are submitted to and approved in writing by the Local Planning Authority of a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with. None of the dwellings hereby approved shall be occupied until all drainage works relating to that property and its connection to the wider drainage network are completed in accordance with the approved details. Reason: To ensure that effective drainage facilities are provided for the proposed development and that no adverse impact occurs to the environment or the existing public sewerage system.

20 Development shall not commence until a scheme for the provision and implementation of a surface water regulation system not in excess of that of the existing site or controlling surface water flows from the site to a maximum of 10 litres/second/hectare, whichever is greatest, (this figure should also be applied to the additional impervious surfaces within the development) has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented to the reasonable 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.

21 No development shall take place until an assessment of the stability of the land (and the surrounding area) has been carried out in accordance with a methodology which must first be submitted to and approved in writing by the Local Planning Authority, and shall take account of the recommendations of the Coal Mining Risk Report: Land off Park Hill Tredegar (Job No. 13171), prepared by Terra Firma (Wales) Ltd., dated May 2015 and received 23.06.15. The results of such an assessment (and any intrusive site investigation works identified as being necessary) shall be submitted to the Local Planning Authority before works commence on site. If any land instability issues are found during the site investigation, a further report specifying the measures to be taken to remediate the site to render it suitable for the development hereby approved shall also be submitted to and approved in writing by the Local Planning Authority before works commence on site. The development shall not be brought into use until all the measures identified as necessary in any reports on that part of the site and that are approved by the Local Planning Authority are implemented and the Local Planning Authority is provided with a validation report, signed by a suitably qualified person that confirms that such measures and/or works have been fully implemented. Reason: The Local Planning Authority is aware that the site may be affected by


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land instability and considers that this should be addressed prior to development.

22 Prior to the commencement of each phase of the development, constructional details of cuttings, retaining walls and platforms, including structural calculations, certified by a Chartered Engineer, shall be submitted for the approval by the Local Planning Authority. Each phase of development shall be implemented in accordance with the approved details. Reason: To ensure the development takes place in an acceptable manner

23 Prior to the construction of each phase of the development hereby approved full details of existing site levels and proposed site, road and slab levels, including cross-sectional drawings for each phase, shall be submitted for the approval of the Local Planning Authority. All works subsequently undertaken shall be in full accordance with the approved details of each phase of development. Reason: To ensure the development takes place in an acceptable manner and to define the scope of this permission.

24 All works undertaken shall be implemented in full accordance with the recommendations contained in Phase II Geo-Environmental Assessment – Interim Contamination Report, Site at Park Hill, Tredegar, South Wales, by Ivy House Environmental, received 23.06.15. The development shall not be brought into use until the Local Planning Authority is provided with a validation report, signed by a suitably qualified person that confirms that such recommendations, measures and/or works relating to that part of the site have been fully implemented. Reason: To ensure that the development is implemented in a manner that gives due regard to ground contamination issues.

25 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound must be at least equivalent to the combined capacity of the tank plus 10%. If there is multiple tankage the compound must be equivalent to the combined capacity of the tanks. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system must be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work must be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. Reason: To prevent pollution of the water environment.


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26 Prior to the commencement of each phase of development an external lighting plan shall be submitted to and agreed in writing by the Local Planning Authority in consultation with Natural Resources Wales. The plan shall be implemented prior to the occupation of any dwellings associated with that phase of development. Reason: To ensure that dark movement corridors for light sensitive species of bat are maintained around the site.

27 Prior to the commencement of each phase of the development a scheme shall be submitted detailing how the safety and security of the proposed ponds, footpaths through the site, allotments and rear gardens of properties adjoining footpaths (where relevant to each phase) will be achieved, having regard to other approved details such as the landscaping scheme, lighting scheme, engineering works etc. The scheme shall be agreed in writing by the Local Planning Authority and the development will be implemented in accordance with the approved scheme prior to the occupation of any dwellings associated with that phase of development. Reason: In the interest of residential amenity and creating safer, sustainable communities.

28 All applications for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with the requirements of Section 92 of The Town and Country Planning Act 1990.

Informative Advice

1 The Highway Authority provide the following advice in relation to the development: h. To ensure the proposed development takes place in an acceptable manner it

shall be accessed via a new junction configuration/right turning lane on Park Hill Road, as detailed on Drawing No. PL3b, received 22/06/2015, and approved under full permission C/2015/0237. This shall include the achievement of visibility splays of 4.5 metres by 70 metres in both directions at the main junction with the access road onto the public highway, with dropped radius kerbs for pedestrians crossing at the tangent points with the


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correct tactile surfacing configuration. No planting or obstacles within the required visibility splays must exceed 0.9 metres in height.

i. The main access road is to be constructed in accordance with the Highway

Authority’s Design Specification and shall be the subject of a Section 38 Agreement under the Highways Act 1980 if it is intended to offer the highway for formal adoption by the Highway Authority.

j. The off-site highways works must be the subject of a Section 278 Agreement

under the Highways Act 1980 with no works commencing until the agreement is in place to the satisfaction of both Legal Parties. Advanced junction and new road layout traffic signs must be incorporated into the new junction design.

k. Stage 1, 2 and 3 Safety Audits must be carried out with all recommendations

being implemented before occupation of the residential site occurs. l. The Highway Authority will design the street lighting layout on a

rechargeable basis, or if designed by the developer must be to the Highway Authority standards.

m. Details of traffic signs and road markings area to be submitted in accordance

with the Gwent County Council’s Design Guidelines. ‘No through road’ symbol is to be included in street name plates in accordance with diagram 816.2 of the Traffic Signs Regulations and General Direction 1994. All name plates shall have the Local Authority’s crest incorporated into them.

n. All highway design and construction must satisfy the requirements of the

Highway Authority’s Design Guidelines:

Residential, Industrial and Commercial Estate Roads Design Guide January 2003

Supplementary Planning Guidance - Access, Car Parking and Design April 2014

In order to comply with these design guidelines the internal access road layout must be amended to achieve a carriageway gradient which does not exceed 1 in 10.

2 The developer should have regard to their responsibilities under the relevant national, European and international wildlife legislation. The developer is advised that no scrub should be removed or trees felled during the bird nesting season (March to August inclusive). The developer should consider provision of bat access into the new build dwellings. In the event of bats being found on the site


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all works should stop immediately and NRW should be consulted.

3 The developer is advised to liaise with the relevant statutory undertakers (Welsh Water, Western Power Distribution, Wales & West Utilities) to discuss their requirements in detail with regard to the location of existing infrastructure and the provision /connection of services to the site.

4 There is a public right of way crossing the site. This planning permission does not authorise any diversion, stopping up or other impediment to the use of that right of way. The developer is advised to contact the Rights of Way officer of this Authority prior to the commencement of development.

The following policies in the Local Development Plan were material to this decision: DM1, DM2, DM3, DM4, DM7, DM12, DM14, DM15, DM16, SB1, HC1


None. I am satisfied that the approval of the application meets the relevant criteria set out in the Adopted Blaenau Gwent Local Development Plan.


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Planning Report

Application No: C/2015/0128 App Type: Full Application

Applicant: Agent:

Mr & Mrs D Rees Round House Farm Nantyglo

Mr Howard Hicks Howard Hicks Design 21 East Road Oakfield Cwmbran

Site Address:

Round House Farm Nantyglo

Development:

Change of use of wing of barn, together with conversion to 3 no holiday units

Case Officer: Lesley Taylor


The complex of buildings at Roundhouse Farm date from the late 18th and early 19th centuries having been largely constructed by the Bailey family in conjunction with the Nantyglo ironworks. The complex includes two round towers and an agricultural range which are collectively listed grade II*, representing a unique survival of its type from the Industrial Revolution. The earliest part of the agricultural range is thought to date from around 1795. These buildings formed an integral part of the ironworks and were used for storage and the stabling of horses. Although remains can be seen around the site of the former mansion Ty Mawr and other agricultural buildings, it is the farm house, barn and round towers that are still clearly evident within the site. The barn is a two storey ‘u’ shaped structure that lies to the south west of the existing farm house. It is built of stone with a roof covering that is partly slate and partly corrugated sheet. It is accessed by the lane that runs adjacent to the north tower, and runs through the farm yard to the large open courtyard fronting the barn. This application seeks full planning permission to change the north wing of the barn and carry out refurbishment works to change it to three holiday units. An existing lean-to attached to the rear of this wing will be demolished to offer additional parking. Each unit will have two storeys. Two units will comprise an open plan lounge, kitchen and dining area on the ground floor and two bedrooms and a bathroom on the first floor. The third unit will be smaller and have only a lounge/kitchen on the ground floor and one bedroom and a bathroom on the first floor. It is the applicant’s intention to refurbish the exterior of the building retaining the stone work but raking out the joints and repointing with lime mortar. The roof sheets will be replaced with welsh slate. The building has existing window openings at both ground


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and first floor level and there is evidence of openings that have over time been blocked up. The plans show the retention of three doorways at ground floor level with a small window to the right hand side of each. At first floor level on this elevation, it is proposed to replace three windows, reinstate one opening and create one new opening. On the side elevation one window will be replaced at first floor level and on the rear elevation a doorway with a window on either side will be install where the lean two is to be demolished; two windows will be replaced and one opening reinstated. At first floor level one window will be replaced and two openings reinstated. The rear side elevation will contain one existing and two proposed openings. All windows will be constructed in conservation aluminium, will be modest in size and will feature headers as existing. All external doors will be manufactured in timber. There are no external works proposed other than to pave the area to the rear of the building with open jointed brick paviours where it is intended to provide the parking area. For Member’s information, I am also considering a related application for listed building consent. If the principle of development is approved as part of this planning application, it is my intention to proceed to determine the LBC under the approved scheme of delegation. The LBC deals in detail with the alterations to the fabric of the building. It too has generated opposition and objections. The application, along with my consideration will be forwarded to Cadw as required. Subject to their endorsement, LBC will also be granted for the works.

2. Site History

None



Service Manager Infrastructure: Highways: No objections subject to the provision and retention of one parking space per unit as indicated. Drainage: No objections. Landscape: No objections. Ecology: No objections. An Ecology Survey has been submitted which includes detailed surveys for bats and breeding birds. A condition should be included that the recommendations in the ecology report will be implemented in full for both bats and


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breeding birds. In addition a condition should be imposed that requires the developer to obtain a bat license from NRW prior to works commencing. Rights of Way: No objections, but requests that an advisory note be included on any planning permission that informs the developer that it is an offence to obstruct, stop up or divert a right of way without an Order under Section 257 of the Town and Country Planning Act 1990. Service Manager – Public Protection No objections. Heritage Officer No objections and recommends that permission be granted. External Consultation Responses

Nantyglo and Blaina Town Council: Object to the development but have given no reasons. Gwent Wildlife Trust Has withdrawn its holding objection and advised that the developer will need to apply for a bat license from NRW. Glamorgan and Gwent Archaeological Trust Has not requested details or commented on this application. Welsh Water The applicant intends utilising a private treatment works and it is advised that he/she contacts NRW who may have an input in the regulation of this method of drainage. Western Power Has indicated the position of its apparatus and advised on safe working practices. Wales and West Utilities No objections, but has advised that the developer contact the organisation for advice on the position and risk to apparatus. Public Consultation: Strikethrough to delete as appropriate


2 site notices

press notice


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other Response: One email was received from a local History and Archaeolgical Society stating that it has over 80 members who are opposed to the development. The email stated that the building is a listed building and is of great historical importance. There are concerns that if the alterations are made they would destroy the history and archaeology of the site. The determination of this application has been delayed due to a request for an additional survey for breeding bats and birds. On receipt of this report and due to an amendment to plan reference number to correspond with the plans submitted more recently for an application for Listed Building Consent at the same site, the consultation process was repeated in part. As there were no fundamental changes to the development, neighbours and Members were not re-consulted nor were new site notices displayed. It was also considered unnecessary to re-issue a press notice.

4. Planning Policy

Team Manager European and Planning Policy: The Blaenau Gwent LDP indicates the site lies outside the settlement boundary, in a Special Landscape Area, Coal Safeguarding Area and an area where coal working is not allowed. Nantyglo Roundhouse Towers is also identified for its potential tourism through Policy TM1.6. This proposal for three holiday lets is in a wing of the barn and is therefore aligned to the allocation of the land. It appears that the site is being developed in a piecemeal way and it would be helpful if the applicant could indicate the long term aspirations of the site.

The aim of Policy SB1 is to prevent inappropriate development in the countryside. However Planning Policy Wales (PPW – Edition 7) is generally supportive of economic development opportunities as outlined in paragraph 7.3.2. Paragraph 11.3.1 states that in determining planning applications for tourism, development LPA’s need to consider the impact of proposals on the environment and the local community.

The barn is located within the immediate surroundings of a 3 Grade II Listed Buildings – Agricultural Range, Roundhouse Farm, North East Roundhouse at Roundhouse Farm and the South West Roundhouse at Roundhouse Farm. It is also located within a Special Landscape Area – ENV2.4 Mynydd Carn y Cefn and Cefn yr Arail. This policy requires that development proposals within an SLA to conform to the highest standards of design, siting, layout and materials appropriate to the character of the area.


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The proposal is for holiday units on the Round house Farm complex and as it is adjacent to residential properties there are no concerns regarding the compatability with other uses. The application indicates that the development will use stone and timber to match existing materials and it is proposed to use conservation aluminium for the windows. A view should be sought from the Council’s Heritage Officer. Planning Policy supports the development subject to the following issues being taken into account: Tourism and leisure allocation, Listed Buildings, Special Landscape Area, Waste, Ecology, Visual Impact, Surface water, Amenity, Highway Safety, Car parking, windows, landscaping and planting and green infrastructure. LDP Policies: SP11 – Protection and Enhancement of the Historic Environment DM1 – New Development DM2 - Design and Place Making DM15 – Protection and Enhancement of the Green Infrastructure SB1 – Settlement Boundary TM1 – Tourism and Leisure ENV2 – Special Landscape Area M1 Safeguarding Minerals M3 – Areas where coal working will not be acceptable. Planning Policy Wales (Edition 7, July 2014) Welsh Office Circular 61/96 – Planning and the Historic Environment: Historical Buildings and Conservation Areas Welsh Office Circular 1/98 – Planning and the Historic Environment: Directions by the Secretary of State for Wales


Members will note from ‘Background, Development and Site Context’ that the site to which this application refers is a Grade II* Listed Building. The suitability or otherwise of the proposed development in terms of its listed status is the subject of a separate application for Listed Building Consent. This report looks only to consider the planning merits of the proposal and whether or not the development is compliant with adopted local and national planning policies. The development site lies outside the settlement boundary and in a Special Landscape Area. In such areas this Council seeks to exercise strict control over development proposals to prevent inappropriate development in the countryside. In this case however, the developer does not propose to introduce new buildings or structures or make an alternative use of a natural landscape, but to refurbish an existing farm outbuilding improving its general condition, appearance and visual impact. In my view


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the proposal will not impact unduly on the SLA, a view that is shared by the Council’s Landscape Officer. Whilst Policy SP11 of the LDP seeks to protect buildings and areas of historic importance within the County Borough, it also recognizes the potential for promoting heritage tourism and sustainable regeneration. Roundhouse Towers and the surrounding area is one such location and para 6.71 of Policy SP11 notes that where important cultural and historical identity is protected and enhanced, this could provide tourism opportunities. This is advocated in Policy TM1 which identifies Nantyglo Roundhouse Towers has having potential as a heritage centre and educational resource for local people and as an attraction for visitors. Para 8.66 states that the Council will work closely with owners of the property to develop the site for tourism purposes. Notwithstanding the above, Planning Policy Wales para 11.2.7 states that the Local Development Plan should encourage the diversification of farm enterprises and other parts of the rural economy for appropriate tourism, sport, recreation and leisure uses subject to adequate safeguards for the character and appearance of the countryside. Furthermore, Para 12 of Circular 61/96 states that ‘new uses may be key to the preservation of a building or area and controls over land use, density, plot ratio, daylighting and other planning matters should be exercised sympathetically where this would enhance an historic building or area to be given a new lease of life. The Secretary of State is not in favour of tighter development controls over changes of use of historic buildings as a specific instrument of conservation policy; generally the same provisions on change of use should apply to historic buildings as apply to others’. It is clear therefore that the site holds the potential for tourism, and the sensitive conversion of part of the barn for holiday accommodation is commensurate with both local and national planning policies. Planning Policy has confirmed that it supports the proposal. Should planning permission be granted however, I consider the development should be restricted to holiday units by condition so as to prevent persons taking up permanent residency in the units and establishing a permanent residency outside the settlement boundary in this historic location. Nantyglo and Blaina Town Council has objected to the development but has given no reason for this objection. Therefore I cannot consider their views. There has also been local opposition to the proposed development in the form of an email received from a local History and Archaeolgical Society (which states it has over 80 members). The email pointed out that the development site is listed and is of ‘great historical importance’. Members of the Society are concerned that if the alterations are made they would destroy the history and archaeology of the site. In response I would point out that the listed status of the building and the effect of the development on its history and archaeology will be considered as part of the application for Listed Building Consent. However the overall appearance, design, and effect on this historic setting will be given due consideration as required by Policy SP11.


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Design and appearance A detailed description of the proposed works have been outlined in Section 1 – Background, Development and Site Context, but I would re-iterate that the most significant change to any elevation is where it is proposed to install or reinstate a window opening. The size and design of all windows are modest and where it is proposed to create a new opening the size and design of the window to be installed is in keeping with existing openings. The Council’s Heritage consultant has confirmed he has no observations and would recommend that planning permission be granted. Whilst this response is brief, I can confirm that I have had detailed discussions with him regarding the proposal and that meetings have taken place on site with the applicant and architect where important historical and archaeological features have been identified and accounted for in the design that has been put forward. From a development management perspective, I consider the proposed improvements to be sympathetic and will not detract from the overall appearance of the building. Access and parking Access to the site will be via the track that leads to Roundhouse Farm. The Highway Authority has been consulted and raises no objections to this proposal. There has been no request to upgrade or improve the track and as such it will retain its rural appearance. A request for hard surfacing this area would only urbanise the access and be detrimental in my view the approach of the north round tower. It is proposed to pave an area to the rear of the building in open jointed pavors so as to allow surface water to drain away naturally. It will also mean that over time grass will grow in cracks sustaining a ‘natural’ surface to the parking area. There is no proposal to alter the steps or pathway that runs along the front elevation of the building, and this will continue to provide pedestrian access only. Rights of Way The Council’s Rights of Way Officer has indicated that there is one right of way/bridle way in the vicinity of the site. An extract from the definitive Map shows that it runs from the north of the site across the rear of the existing farm house and through the field to the west of the farm buildings. The proposal will therefore have no physical impact on this Right of Way. Ecology The agent initially provided a building inspection report that identified the site as having high potential for the presence of bats. Both the Council’s Ecologist and Gwent Wildlife Trust issued a holding objection pending the provision of a further detailed survey. A ‘Building Inspection and Activity Survey for Bats and Breeding Birds (Issue 2) (dated 8th October 2015) was later received that confirmed a single common pipistrelle bat was roosting in the building. The report contains a number of recommendations to be


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implemented to mitigate for the loss of this roost. Both the Council’s Ecologist and Gwent Wildlife Trust have withdrawn their holding objections on the strength of these recommendations but require that such measures are implemented in full and that the applicant must obtain a bat license from NRW and provide evidence of this license to the Local Planning Authority prior to works taking place.


I have carefully considered the objections to the scheme. However, I am also placing significant weight on the LDP and the raft of guidance that deals with listed buildings. The long term future of the complex of buildings is dependent upon finding a sustainable use to ensure its upkeep and maintenance. There are a number of examples of buildings in the Borough that are falling into disrepair to the point of endangering their very existence because a viable use has not been found. In my view, supporting this application (and the related LBC application) should be viewed as “enabling development”, a legitimate planning tool to secure the future of a heritage asset. The public benefit of securing the future of the building outweighs any negligible “harm” to the original fabric. That is not to say the proposal is one that is unacceptable on its own terms, more that the scheme is one where the benefits far outweighs the dis-benefits. I consider that the carrying out of refurbishment works to a wing of the barn will improve its appearance in keeping with its historic character and in permitting a change of use to holiday units will help to sustain this site of historical interest by providing accommodation for visitors to the area. I therefore recommend that planning permission be GRANTED subject to the following condition(s):

1 The development shall be completed in full accordance with the following approved plans and documents:

Drwg no. PL03 (rev A) (received 8th April 2015);

Drwg no. PL04 (rev A) (received 8th April 2015);

Drwg no. PL06 (received 13th March 2015);

Drwg no. PL07 (rev B) (received 28th June 2015);

Drwg no. PL08 (received 13th March 2015);

Drwg no. PL09 (received 28th June 2015);

Drwg no. PL10 (rev A) (received 28th June 2015);

General Notes PL11 (received 28th June 2015) Unless otherwise specified or required by conditions 2 - 5 listed below. Reason: To clearly define the scope of this permission.

2 No development shall commence on site until the developer has submitted to the Local Planning Authority a copy of the bat license obtained from National Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010). Reason: To safeguard protected species identified within the site.


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3 The development hereby approved shall be carried out in full accordance with the Method Statement for Bats and Breeding Birds (9.1 of the Building Inspection and Activity surveys for Bats and Breeding Birds – Issue 2, dated 8th October 2015). Reason: To protect biodiversity interests and ensure that suitable measures are taken to mitigate any adverse impacts on biodiversity.

4 The development hereby approved shall not be brought into beneficial use until the proposed parking area indicated on drwg no. PL09 has been implemented. This area shall be retained thereafter. Reason: To ensure the parking requirements of the development are adequately met.

5 The development shall be occupied as holiday accommodation only and shall not be occupied as a person’s sole or main place of residence or by any persons exceeding a period of 90 days in any 365 day period. An up to date register shall be kept at the holiday accommodation hereby permitted and be made available for inspection by the Local Planning Authority upon request. The register shall contain details of the names of all the occupiers of the accommodation, their main home addresses and their date of arrival and departure from the accommodation. Reason: To prevent inappropriate development of new dwellings in the countryside contrary to Local Development Plan Policy SB1 and with insufficient amenity space.

6 TL1

1 Prior to works commencing on site, the developer is advised to contact Wales and West Utilities for advice regarding works that may affect their apparatus.

2 Prior to works commencing on site the developer is advised to contact National Resources Wales with regard to the utilisation of a private treatment works for drainage purposes.

3 The developer is advised that there is a right of way crossing the site and that it is an offence to obstruct, stop up or divert that right of Way. Advice on the matter should be sought from the Council’s Rights of Way Officer, prior to any works taking place.


The granting of planning permission for a change of use and conversion to 3 hoilday units is compliant with Local Development Plan Policies. Granting such a permission carries no risk.


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If Members refuse to grant outline planning permission the applicant may exercise his/her right of appeal to the Planning Inspectorate. If the Inspector considers that in light of all material circumstances and Local and National Planning Policies this Authority ought to have granted permission, an award of costs may be claimed against this Council.


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70

Planning Report


Applicant: Agent:

Mr Mark Evans 83 Cwmcelyn Road Blaina

As applicant

Site Address:

83 Cwmcelyn Road Blaina

Development:

Extension of garage and erection of decking for use as home office, gym, summer house and storage (retention) Case Officer: Lesley Taylor


This application was received as the result of the investigation of a complaint by Planning Enforcement whereby it was noted that works carried out to a garage in the rear garden of 83 Cwmcelyn Road required planning permission. Such works included an extension to the side and rear elevations of the existing garage and the construction of timber decking and steps within the garden that are attached to rear elevation of the extended garage. The extension projects 2.6m from the side elevation of the garage. It wraps around the rear of the building where it projects 2.6m from the rear elevation. It has a lean-to roof. To take account of the sloping ground at the rear of the garage, the extension has been built up on an enclosed timber platform. At its highest point above ground level the extension measures 3.5m. The timber decking that has been added to the rear has an area measuring 4.3m x 5.7m. The flight of steps attached to the side of the decking is 0.7m wide. Due to the slope of the garden the floor of the decking stands 2.8m above adjacent ground level. A 1.2m high balustrade has been constructed around the perimeter of the decking. The extension and the existing garage have been clad in horizontal timber. The dwellings in this terrace have small enclosed forecourts at the front and long rear gardens that slope upwards to the rear lane leading to Cwmcelyn Newydd. This application seeks planning permission to retain the extension and decking which have been constructed to make use of this garden area and provide additional recreational space for the occupants of 83 Cwmcelyn Road, who currently use the garage and extension as a home office, gym, summerhouse and storage. Such use of out buildings within a residential curtilage are considered ancillary to the enjoyment of the


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dwelling house and it is the extension and decking that form the basis of this application and not any change of use.

2. Site History


2770 Domestic garage Approved 17/05/80

8991 House improvements Approved 14/03/91


Internal BG Responses Building Control: Building Regulations consent required.

Service Manager Infrastructure: Highways: No objections. External Consultation Responses

Nantyglo and Blaina Town Council: No objections. Welsh Water: Has advised that the site is crossed by a public sewer and that development will not be permitted within the safety zone which is measured either side of the centre line of that sewer. Public Consultation: Strikethrough to delete as appropriate


1 site notice

press notice




other The initial complaint made to Planning Enforcement was anonymous and as such I cannot confirm that this person was included in the consultation response. However I can confirm that other parties who later made representations to Planning Enforcement were notified of receipt of the application.


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Response: As a result of public consultation, a letter of objection was received. Attached was a petition containing 13 signatures. The issues raised in the letter are summarised as follows:

the area is residential in character and is accessed by a minor road system which curves around the back of 83 Cwmcelyn Road and in front of 17 and 18 Cwmcelyn Newydd. It is narrow with a dead end. This lane also provides the only vehicle access to 19, 20, 21 and 22 Cwmcelyn Newydd which have no front access. The lane is the only place for residents to park within a reasonable distance of their homes without causing a nuisance and ensuring access for tradesmen and emergency services. A business, especially a photographic studio offering sittings to the public will give rise to more traffic in a problematic area;

does the Building conform to health and safety standards? The building is timber clad and it has a new chimney at the front which sometimes smokes heavily indicating a heating system has been installed. Residents have to close their windows as a result. Noise resulting from works being carried out after dark indicates there is power to the building. This is a concern for residents. Whilst the building is 30m from 83 Cwmcelyn Road, it is approximately 10m from 18 Cwmcelyn Newydd, the end house in a block of timber framed houses. There are a number of trees nearby some with TPO’s and this together with parked cars contribute to an increased fire risk;

business should be encouraged but it is considered that this residential area is not a suitable location. It is considered that the application has been worded to avoid the term ‘business premises’ but it is believed that the home office will overtime become the office and premises for a former photographic studio located in Brynmawr.

4. Planning Policy

Team Manager European and Planning Policy: Not applicable. LDP Policies: DM1 – New Development DM2 - Design and Place Making


This application must be considered in light of the application details provided i.e. the retention of the extension to the garage and the decking that has been constructed to the rear. Whilst there is speculation that a photographic studio is operating from building, the applicant has confirmed to officers this is not the case. The extension is used in part as a home office but such a use is ancillary to the dwelling. The applicant


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contends that the purpose of extending the garage and constructing the decking was to provide more amenity space for the family to enjoy given that 83 Cwmcelyn Road is a small dwelling. I have recently visited the development site and noted that it contains an office style workspace, a sink and worktops, seating, gym equipment and storage area. I can confirm that the building does not include any area that I would perceive to be used as a photographic studio. The application will therefore be considered on the basis of the details provided. The objections received by petition, relate in the first instance to a business operating in a residential area and the level of traffic this will create. As clarified earlier in the report, this application does not relate to any existing or proposed business use only to the retention of the extension and decking which are used for ancillary residential purposes. I fail to see therefore how such a use would give rise to additional traffic of obstruction as described. At the time I visited the site there was only one car parked close to the site, but there were no visitors to 83 Cwmcelyn Road. I would suggest therefore that the lane is used generally by the public for parking and any issues nearby residents experience is not attributable to the development site. The Council’s Highways Engineer has raised no objections to the development and as this application does not relate to the operation of a business, it is unlikely residents will experience traffic movements over and above what is reasonably expected at this residential property and others in the locality. However should circumstances change and it becomes apparent to the Local Planning Authority that the use has changed over and above that which is considered ancillary to the enjoyment of the dwelling house, the matter will be dealt with accordingly. The second point raised relates to Health and Safety Regulations. There is concern that the materials used in the construction of the extension and the cladding of the garage may pose a fire hazard to nearby residents and be detrimental to TPO’d trees in the vicinity. Whilst I can consider the suitability or otherwise of materials from a visual perspective, I cannot consider the flammability or fire retardence. Similarly the internal power supply or heating arrangements are not a material planning consideration. I have been notified that Building Regulations consent is also required for the extension to the garage and all internal works including power and heating supply with be considered under the relevant Regulations. Concern has also been raised over a chimney that projects from the roof of the garage. I note from a site inspection that due to its height and position in relation to the garage roof, the chimney does not appear to require planning permission in its own right. Furthermore any perceived nuisance relating to emissions and odour should be directed to Environmental Health officers who have the means to consider and address such issues. The development site and other dwellings at Cwmcelyn Road have rear gardens


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measuring approximately 25m. The gardens are tiered with levels rising away from the dwellings. They have raised platforms adjacent to the rear boundaries that are level with the lane to the rear. A number of the properties have a garage or outbuildings built on this level. No. 84 Cwmcelyn Road which adjoins the development site, has an old concrete rendered garage in the rear garden that has a window in the rear elevation that overlooks the garden. The remainder of the garden is planted. There is a flight of steps adjacent to the garage that run alongside the new steps that have been constructed at the development site. On the other side of the site, no 82 Cwmcelyn Road has a hardstand/parking area adjacent to the garage at no 83 and a number of small outbuildings in the garden. Much of the garden is overgrown. Whilst it is of a larger scale and differing materials, I do not consider the extended garage and decking to be out of keeping with other dwellings. The extension, timber cladding and decking is distinctive in its appearance when considered against older weathered finishes of buildings at the adjoining properties. However it is a contemporary material commonly used in the construction of garden sheds, summer houses and decking, and in my view is not unacceptable in this rear garden location. I have considered the issue of visual and residential amenity and have noted that whilst the decking is elevated above garden level and has a view toward the rear of the dwellings on Cwmcelyn Road, the separation distance is 10 – 15m and I do not consider it so visually overbearing as to justify refusal. I am also mindful that without the decking or extension the properties would have had a view toward an elevated hardstand and garage which is also the case at the two adjoining dwellings. In terms of overlooking and privacy, I note that the gardens are open on the side boundaries with no.’s 82 and 83 sharing pathways. Between no.’s 83 and 84 the boundary fencing is low and a clear view can be had from 84 into 83 and vice versa. In my view the situation with overlooking of neighbouring gardens is not so detrimental to residential amenity as to justify refusal on amenity grounds. A similar level of overlooking is possible from within other gardens due to the layout of gardens, elevated hardstands and outbuildings, and boundary treatments.


I have two concerns in considering my recommendation. Firstly, is the fact that one side elevation of the garage the area under the new steps and part of the decking has not been timber clad to match the remainder of the structures. However this can be overcome by imposing a condition that requires the applicant to complete these areas in matching horizontal timber. The applicant has indicated he intends doing this but had put any further works on hold pending the outcome of this application. Secondly, I consider a condition should be imposed that restricts the use of the development to purposes ancillary to the enjoyment of the dwelling house. This will give the Council reasonable control over any potential change of use.


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I therefore recommend that planning permission be GRANTED subject to the following condition(s):

1 Within 12 months of the date of this decision, the side elevation of the garage marked x – y and the decked area marked a – b on the approved plan shall be completed in horizontal timber cladding to match the remainder of the development. Reason: In the interests of visual amenity.

2 The development hereby approved shall only be used for purposes ancillary to the enjoyment of the dwelling house. It shall not be used in conjunction with any business or commercial use. Reason: To clearly define the scope of this permission.


The granting of planning permission to retain the extension of a garage and decking is compliant with Local Development Plan Policies. Granting such permission carries no risk. If Members refuse to grant planning permission the applicant may exercise his/her right of appeal to the Planning Inspectorate. If the Inspector considers that in light of all material circumstances and Local and National Planning Policies this Authority ought to have granted permission, an award of costs may be claimed against this Council.


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Planning Report


Applicant: Agent:

Blaenau Gwent County Borough Council Civic Centre Ebbw Vale

Blaenau Gwent County Borough Council c/o Head of Technical Services Baldwin House Victoria Business Park Ebbw Vale

Site Address:

Cwm Flying Start Building Canning Street Cwm Ebbw Vale

Development:

Provision of a single storey building to accommodate daycare with community and sports facilities, with associated access road, parking, landscaping and refuse store. Case Officer: Joanne Morris/Catherine Ashby


This application seeks full planning permission for a single storey educational ‘Flying Start’ unit with ancillary garden/play area, parking/access areas and bin store on a parcel of land at Canning Street, Cwm. ‘Flying Start’ is a programme for families with children aged up to 4 years, which is targeted at Wales’ most deprived communities. The programme is a Welsh Government priority and encompasses free childcare, parenting support, intensive health visitor support and support for early language development. The application site forms part of a vacant field located in an elevated position to the far end (north) of Canning Street and Curre Street. Cwm Primary School and the caretaker’s house overlook the site, to the west. Cwm Welfare Ground is located to the north whilst a band of trees separating the site from the railway track and main bypass road (A4046) run along the eastern boundary. The site itself is a level plateau bound by a line of trees and pedestrian footpath to the south and west. The proposed building will be located to the southern end of the field, closest to Canning Street but will be set back off the southern and western boundary. The main entrance and access into the site will be gained just off the junction between Curre Street and Canning Street. The site layout plan initially submitted identified provision for 6 parking spaces.


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However, following consultation with the Highway Authority, this was revised to accommodate provision for 9 parking spaces within the site (to the east) including 1 disabled bay. Beyond that there will be a bin store (to the north-east corner of the application site). The Flying Start unit will be a single storey building measuring approximately 27m long x 10.5m wide. It will have a mono-pitched roof that slopes from north to south with a height ranging between 4.9m to the north (facing into the field) sloping down to 3.6m fronting Canning Street (south). The building will house an office, child activity room, toilets, kitchen and two mulit-purpose rooms which can be combined into one large single room by a retracting central divider. External materials will include a mixture of vertical timber cladding with Trespa boarding panels in blue and yellow with aluminium glazing and doors. Boundary treatments include a 1.8m high ‘anti climb’ mesh fencing in black to the perimeter of the application site with the same style fencing at 1.5m high within the site to enclose the external play area.

2. Site History

There is no planning application history for this site. However, pre-application advice was given on the principle of a Flying Start Facility (ref PA/2014/0194).



Team Manager Building Control: Building Regulations Required Service Manager Infrastructure: Highways: Initially objected on the basis that it didn’t comply with the Authority’s ‘Access, Car Parking & Design’ SPG. A revised site layout was submitted to accommodate a further 3 car parking spaces. On this basis, the scheme is now considered acceptable subject to a condition that access junction details are submitted and works completed prior to beneficial use of the facility. However, a further revised site layout has since been submitted to take account of existing services adjacent to the proposed car park. The revision illustrates that the position of the access drive and parking spaces have been swapped. The Highways Engineer was re-consulted on the revised plans and confirmed that the scheme is satisfactory subject to a condition requiring details and implementation of the access junction.


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Drainage: It appears that Section 6 of the Flood Consequence Assessment has not been taken into account. Therefore require evidence that the ground is suitable for use as a soakaway to include drawings, calculations, location, type and size of soakaway drainage and how run-off will be intercepted before discharging into the watercourse or highway. Ecology: Holding objection subject to conditions in respect of the submission of a reptile survey, lighting and fencing details and that scrub clearance takes place outside of bird breeding season (or a survey is submitted). Arboriculture: No objection subject to a condition that a tree protection plan is submitted to prevent damage during construction. Service Manager Public Protection: There is no information to indicate whether there are any significant noise sources associated with the proposal, although there are not expected to be any that would warrant an objection. However, suggest it may be prudent to add a condition to any consent to ensure any plant noise is kept to an acceptable level. Head of Estates and Strategic Asset Management: No objection – Land is Council owned and necessary permissions have been sought. Education No observations. External Consultation Responses

Natural Resources Wales: Originally objected to the proposal on the basis that the FCA submitted did not adequately demonstrate that the risks and consequences to flooding could be managed over the lifetime of the development. Following submission of additional information (Culvert Capacity Assessment, by RPS, dated 20 November 2015) the objection has been removed. Welsh Water: No objection subject to conditions that foul and surface water shall be drained separately from the site and shall not be allowed to connect to the public sewer network without the necessary consents.


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Western Power: Provides details of their apparatus in the vacinity W&W Utilities: Provides details of their apparatus in the vacinity Public Consultation: Strikethrough to delete as appropriate

12 letters to nearby houses/buildings

5 site notices

press notice (Departure)




other

Response: No responses have been received.

4. Planning Policy

Team Manager European and Planning Policy: The land lies outside the settlement boundary identified through Policy SB1. Settlement boundaries are a key mechanism for helping to deliver the LDP’s objective of maximising the use of land. They define the area within which development will normally be permitted, subject to other policies in the Plan and material considerations. The other aim of the policy is to prevent inappropriate development in the countryside. The Plan relies on national guidance set out in Planning Policy Wales (PPW) (Edition 7) to control any development outside the settlement boundary. National Policy is clear that there needs to be strict controls on development in the open countryside. Paragraph 4.7.8 of PPW states that “Development in the countryside should be located within and adjoining those settlements where it can be best accommodated in terms of existing infrastructure, access and habitat and landscape conservation. Infilling or minor extensions to existing settlements may be acceptable…but new building in the countryside away from settlements or areas allocated for development in development plans must continue to be strictly controlled.” The site immediately adjoins the settlement boundary where it appears access can be provided and the site is not subject to any formal landscape designations in the LDP. The Design and Access Statement confirms that early consultation and research was


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undertaken to explore alternative sites. Planning Policy are satisfied with the justification of the alternative site options accept that there were no real site alternatives. Planning Policy therefore consider that the proposed site is acceptable given the location adjoining the settlement boundary. Policy SP8(f) is relevant to this application, which states that in order to increase economic activity and ensure residents of Blaenau Gwent maximise their economic potential ‘a first class learning infrastructure will be put in place to ensure that residents gain the skills they require’. The scheme has been approved by Welsh Government. Planning Policy broadly support the proposed development without prejudice to the following issues being addressed: LDP Policies: SP7 Climate Change SP8 Sustainable Economic Growth SB1 Settlement Boundaries DM1 New development DM2 Design and Placemaking DM13 Protection of Open Space DM16 Trees, Woodland and Hedgerow Protection PPW & TANs: Planning Policy Wales (Edition 7, July 2014) TAN 15: Development and Flood Risk


Principle of development Preliminary advice was sought on the suitability of specific site locations prior to the submission of this application. It was identified that whilst other sites had been explored (as documented in the Design & Access Statement accompanying this application) this application site was the most preferred site due to its relationship to the school and surrounding area. It was also considered that this site likely to pose lesser flood risks than other sites. However, the applicant was informed that the site lies outside the settlement boundary as defined by Policy SB1 of the Local Development Plan (LDP). As such, any development to be permitted outside the Settlement Boundary would require strong justification based on material planning considerations. As specified by National Policy, strict controls need to be placed upon development in the open countryside and that “Development in the countryside should be located within and adjoining those settlements where it can be best accommodated in terms of infrastructure, access and habitat and landscape conservation” (PPW 7, para 4.7.8 pg53).


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Consultation advice received from Planning Policy is that the applicant has adequately demonstrated that there are no real suitable site alternatives, and that consideration has been given to the position of the building to ensure it is located adjacent to the settlement boundary and existing access roads. I am mindful to agree with their response and am therefore satisfied that the proposed site meets the requirements of PPW7 and LDP Policy SB1. Furthermore, PPW 7 (para 4.4.3) and LDP Policy SP8(f) specify that proposals should “Promote access to…education,…maximising opportunities for community development and social welfare” (PPW7, p48) and that to ensure residents of Blaenau Gwent maximise their economic potential a “first class learning infrastructure will be put in place to ensure that residents gain the skills they require”. The scheme, which has been approved by Welsh Government, will provide important educational and childcare support to families in Cwm. The applicant has highlighted that this part of the Borough is shown by Welsh Government to suffer high levels of deprivation. It is anticipated that the Flying Start Programme will provide a significant boost to education provision in the area resulting in a positive effect upon the socio-economic situation within the area. I am therefore satisfied that the nature of the proposal meets the aspirations of PPW7 and LDP Policy SP8(f). Due to its close proximity to the school and Welfare ground, I am also content that the development is compatible with other uses in the locality and as such accords with LDP Policies DM1(a) and DM2(a). Flood Risk The site falls within a flood risk area (as defined by the Development Advice Map in TAN15). A Flood Consequence Assessment (FCA) was therefore required by Natural Resources Wales (NRW) to demonstrate that the risks and consequences of potential flooding could be managed. NRW advised that the FCA initially submitted was insufficient as it failed to demonstrate that the risks and consequences to flooding could be adequately managed over the lifetime of the development. In response to the objection the applicant prepared and submitted additional information in the form of a Culvert Capacity Assessment (ref: 151022JM, by RPS, dated 20 November 2015). Having reviewed the information NRW has removed its objection and provided advice on three matters for consideration in the Authority’s determination of the application in respect of flood risk. Overland flood flow route and culvert capacity: The Culvert Capacity Assessment indicates that the River Ebbw Culvert beneath Festival Park is capable of conveying flood events including a 1 in 1000 year scenario, without surcharging. The proposed


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development is therefore shown to be flood free in the predicted 1% and 0.1% fluvial event and therefore in line with guidance set out in TAN 15. This scenario does not however account for blockage within, or collapse of the culvert. In this scenario it is possible that floodwater may reach the railway alongside Festival Park. NRW do not require a further assessment to be undertaken on culvert blockage or collapse as it would appear the application site would not be affected in this scenario. Lack of information on flood depths and velocities to the site access/egress: NRW previously highlighted that no details or an assessment had been provided in the FCA on access/egress to the site in an extreme flood 0.1% flood event. No assessment has been carried out by the applicant in the latest submitted information. A comparison of the indicative water levels within the FCA compared to ground levels on the submitted site plan indicates that access from Canning Street and possibly Curre Street may be affected during an extreme 0.1% flood event. However, in the absence of a more detailed assessment it is not known whether the access routes would be within the tolerable access level conditions set out in TAN 15, A1.15. NRW do however note that a pedestrian walkway is located on higher ground over the railway and potentially accessible during all flood events on the River Ebbw, including the 0.1% event. On this basis NRW does not raise an objection but advise the Authority that it may be appropriate for a flood emergency plan to be developed for the site to ensure the safe evacuation of the site in the event of a flood. The site is within the NRW flood warning area for the River Ebbw at Cwm and the applicant could sign up to this service to help inform the evacuation plan. I have considered NRWs advice on potential access/egress to the site/facility in an extreme 0.1% flood event which indicates that an accessible route would be available to the building during all flood events on the River Ebbw, including during a 0.1% flood event. The availability of flood free access/egress removes any objections under TAN 15. Nevertheless, I consider it be prudent to recommend to the applicant that a flood emergency plan be developed for the site, on the advice of NRW, to ensure the safe evacuation of the site in the event of a flood. An advisory note is proposed in this regard. Clarity on finished floor levels: The FCA indicates a finished floor level of the building of 215m AOD whereas the submitted plans indicate a finished floor level of around 213 AOD. NRW requested that this discrepancy be clarified in the amended information but it was not. NRW have therefore based their response on the submitted plan (213m AOD), which is the worst case scenario, on the assumption that the level in the FCA is incorrect. On this basis NRW recommend that, should the Authority be minded to grant planning permission, a condition be attached to any future consent to ensure that the appropriate floor levels are implemented. Since NRWs assumptions on flood risk relating the site are based on these finished floor levels I consider that the proposed


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condition should be attached. Taking the above into account, I am now satisfied that, subject to condition, the development has due regard to flood risk and would not be contrary to the advice set out in TAN 15. Visual Impact Whilst the site is slightly elevated, the proposed building is single storey (measuring between 3.9m-4.9m high) and will have the benefit of some level of screening from the existing tree line to the southern and western boundary. Sustainable materials to include timber cladding and ‘Trespa panels’ made from recycled materials have been selected to complement the rural landscape and adjacent school building. As such, the proposal meets the requirements of LDP Policies DM1(1) a, d, DM1(2)b and DM2(b), (g). Neighbour Amenity & Accessibility In terms of neighbour amenity, only the west facing gable end will be visible from the caretaker’s house and potentially the adjoining property at number 118 Canning Street. The main entrance, to the southern elevation, will front the side elevations of those properties located at the end of Canning Street and Curre Street (numbers 157 Canning Street, 131 and 136 Curre Street). I consider the visual impact upon these properties to be minimal. As mentioned above, trees along the southern and western boundary also provide some level of screening. Furthermore, as the building will be located in close proximity to the existing school, I do not consider that an increase in people to and from the site will have a detrimental effect upon neighbouring amenity. I am therefore content that the proposal meets the requirements of LDP Policy DM1(2)c. In respect of a potential increase in vehicular traffic expected as a result of the development, the revised plans indicate that 9 spaces will be provided (to include 1 disabled bay). An access junction into the site is proposed to the south-east of the site to minimise the potential for increased over-spill parking around the school at peak times. I also acknowledge that the site is located in a sustainable location adjacent to the primary school and pedestrian footbridge that will link the site to the eastern part of Cwm. Highways have confirmed that the proposal is acceptable subject to a condition that the details of the new access junction are provided and completed prior to beneficial use of the facility. Given the inherent parking problems experienced along Canning Street during school drop-off times, I would consider it necessary to impose a condition requiring the car park to be adequately surfaced and to be provided prior to the beneficial occupation of the Flying Start unit in order to prevent further parking problems near the school. Subject to these conditions, I am satisfied that the development accords with LDP Policy DM1(3)a, b, c and d.


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Loss of Open Space The site is included in the Open Space Assessment (which forms the evidence base of the LDP) as a grassed sports pitch. However, the field is overgrown and unused. Instead, the Welfare Ground to the north is maintained and utilised as purposeful playing fields, a skate park, fixed play equipment etc. As such, I would consider that the proposed site has no significant amenity or recreational value. Furthermore, The application site occupies only a small area of a larger plateau, which remains available for future recreational use. Overall, I am satisfied that the existing Cwm Welfare Ground will meet the Play Sufficiency requirements for the area, in line with LDP Policy DM13(a) and (b) and the loss of a small area of open space would not be detrimental to the future play requirements of the area. Tree and Hedgerow Protection LDP Policy DM16 specifies that proposals will be permitted provided there would not be unacceptable harm to trees, woodlands and hedgerows that have natural heritage value or contribute to the character or amenity of the locality. The applicant has specified within the Design and Access Statement that all existing trees on site will be retained. However, a condition can be imposed to safeguard the existing trees from harm during construction. Drainage The Drainage Engineer has requested that evidence be provided by the applicant to confirm that the ground is suitable for use as a soakaway to include drawings, calculations, location, type and size of soakaway drainage and how run-off will be intercepted before discharging into the watercourse or highway. As such, this may be added as a condition. Ecology A preliminary ecological appraisal report was submitted as part of this application that identified a number of recommendations with regards to bats, nesting birds, hedgehogs and reptiles. The Council’s Ecologist placed a holding objection subject to conditions in respect of the submission of a reptile survey, lighting and fencing details and that scrub clearance takes place outside of bird breeding season (or a survey is submitted). A reptile survey has since been received confirming that the presence of reptiles is unlikely. The Ecologist has therefore advised that no further surveys/mitigation in respect of reptiles is required. In respect of bats, nesting birds and hedgehogs a condition can be imposed to require the recommendations of the Ecology report be adhered to. A condition requiring details/specifications in respect of boundary treatments may also be imposed. Noise The Public Protection Manager advised that whilst there is no information to indicate whether there is any significant noise source(s) associated with the proposal he does


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not expect there to be any that would warrant an objection (i.e. air conditioning units etc.). He has however suggested it may be prudent to add a condition to any consent to ensure any fixed plant noise is kept to an acceptable level. On the basis that the plans do not suggest any fixed plant will be installed, I consider it unnecessary to impose such a condition. However, I suggest that an informative note be added to advice the developer of the acoustic standard should they intend to incorporate any fixed plant, in order to abate any potential noise nuisance.


Having given careful consideration to the principle and nature of the development outside the settlement boundary, in conjunction with the other material considerations discussed above, I satisfied that the proposal accords with National and Local planning policy and recommend approval accordingly. Planning permission be GRANTED subject to the following conditions and reasons: 1. The development shall be completed in full accordance with the approved plans

and documents:

Site Location Plan, dwg no. TS0751-PA01, stamped received 10.09.15

Proposed Site Location Plan, dwg no. TS0751_PA02 Rev E, stamped received 07.10.15;

Building Setting out plan, dwg no. TS0751-PA03, stamped received 10.09.15;

Proposed Elevations, dwg no. TS0751-PA04, stamped received 10.09.15;

Proposed Site Sections, dwg no.TS0751-PA05, stamped received 10.09.15

Bin Store Elevations, dwg no. TS0751-PA06, stamped received 10.09.15;

Bin Store Floor Plan, dwg no. TS0751-PA07, stamped received 10.09.15

Design and Access Statement: Revision 2; and

The recommendations of the Ecological Appraisal Report by Wildlife Ecology, dated 10 August 2015, received 10 September 2015, unless otherwise specified or required by conditions 2-8 listed below.

Reason: To clearly define the scope of this permission.

2. Notwithstanding the details on the approved plans, prior to the construction of the Flying Start Building hereby approved, samples of the external materials shall be submitted to and approved in writing by the Local Planning Authority. The development hereby approved shall not be brought into use until it is completed in accordance with the approved details. Reason: To safeguard the visual amenities of the area.

3. Notwithstanding the plans approved or annotations therein, prior to beneficial use of

the Flying Start Building hereby approved, full details/specifications of all boundary enclosures shall be submitted for the written approval of the Local Planning


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Authority, and shall take into account the recommendation at paragraph 5.10 of the Preliminary Ecological Appraisal Report hereby approved. Such details as approved shall be implemented prior to the building being brought into beneficial use. Reason: In the interests of visual amenity and to safeguard protected wildlife.

4. All works undertaken shall be implemented in full accordance with the recommendations contained in the approved Preliminary Ecological Appraisal Report (dated 10 August 2015). Such works shall be implemented within a timescale which is to be submitted and agreed by the Local Planning Authority before any site clearance and commencement of works on site. Reason: To ensure that the development is implemented in a manner that gives due regard to ecological and biodiversity issues.

5. All the trees shown on the approved plans as "to be retained" and/or any trees

whose canopies overhang the site shall be protected by an appropriate standard of fencing, in accordance with BS5837:2012 ‘Trees in Relation to Design, Demolition and Construction- Recommendations’.

Prior to commencement of development a plan showing the location and type of fencing to erected and the measurements of the Root Protection Areas shall be submitted to and approved in writing by the local planning authority. The fencing shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority. Reason: To prevent damage to existing trees during construction.

6. Prior to construction of the development hereby approved details shall be submitted

to and approved in writing by the Local Planning Authority of a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with. The building hereby approved shall not be brought into beneficial use until all drainage works and its connection to the wider drainage network are completed in accordance with the approved details. Reason: To ensure that effective drainage facilities are provided for the proposed development and that no adverse impact occurs to the environment or the existing public sewerage system.

7. The building hereby approved shall not be brought into use until the details of the

access junction have been submitted to and approved in writing by the Local


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Planning Authority. Such details as approved and all associated highway accommodation works shall be completed prior to the beneficial use of the building. Reason: In the interests of highway safety.

8. The building hereby approved shall not be brought into use until the access and car

park have been hard surfaced in an appropriate porous or permeable material. The car parking spaces shall then remain available for their designated use in perpetuity. Reason: To ensure that the access and parking needs of the development are adequately met at all times and do not prejudice highway safety or other environmental considerations.

9. The site shall be laid out in accordance with the plans hereby approved in relation

to the finished floor levels. Reason: In the interests of ensuring that the development remains flood free in accordance with requirements of Table A1.14 of TAN 15.

10. The development shall begin no later than five years from the date of this decision

notice. Reason: To comply with the requirements of Section 91 of The Town and Country Planning Act 1990.

Informative Advice 1. The developer is advised that, if in the future any plant is required to be installed in

the building, such plant is likely to require separate planning permission and would be required to adhere to the following acoustic standard: Any plant audible beyond the boundary of the site shall be designed to satisfy an acoustic standard, not exceeding LFNR 35 Leq,5mins 1900 – 0700 hrs on Mondays to Fridays, LFNR 40 Leq,5mins 0700-1900 hrs Mondays to Fridays, and LFNR 35 Leq,5mins for any time period on Saturdays, Sundays and Bank Holidays, measured or calculated at a distances of 1 metre from the nearest facade of the nearest affected noise sensitive premises with all items of plant operating together and at full power, and a 5dBA penalty added for tonal noise content.

2. The attention of the developer is drawn to the advice of NRW contained in their

letter to the Authority dated 15th December 2015 regarding the preparation of a flood emergency plan for the site to ensure the safe evacuation of the site in the event of a flood.


None. I am, satisfied that approval of this application subject to conditions meets the relevant criteria set out in PPW the Adopted Blaenau Gwent Local Plan.


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Planning Report

Application No: C/2015/0189

App Type: RET Application

Applicant: Agent:

Mr. Robert Smith Glynmilwr House Stone’s Houses Blaina

Site Address:

Glynmilwr, Stone’s Houses, Blaina

Development:

Retention of material change of use of land to residential travellers site including the siting of 3 static caravans, 4 touring caravans, associated hard standings, outbuildings, drainage, access and boundary treatments

Case Officer: Steph Brown


This application seeks planning permission for the retention of a change of use of land for use as a permanent private residential traveller’s site and associated structures and works. The application was submitted following an enforcement investigation into the occupation of the site by the applicant and his family without planning permission.

The application site lies within the settlement boundary as defined by the Blaenau Gwent LDP and measures approximately 0.18ha. It is located between Surgery Road and High Street in a wooded area. At an elevated level to the north east is Blaina Central Park; immediately adjoining the northern boundary is a field within the ownership of the applicant; the western boundary is bound by Arosfa Day Centre and open land bounds the southern boundary. Access to the site is via a track which leads up off High Street to Stone’s Houses. The track also provides access to garages and some rear gardens of Stone’s Houses; the track is not within the ownership of the applicant.

The application site was subject to a Deed of Exchange dated 19th March 1982 between the Borough of Blaenau Gwent and a private individual where the Council exchanged a parcel of land at Forgeside, Blaina for the parcel of land at Glynmilwr. The Deed of Exchange restricted the use of parts of the land within the application site to garden land, grazing and agricultural purposes; it also placed other restrictions on the land in respect of parking of vehicles and the erection of any new buildings.


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Having viewed the planning history of the application site it appears that the land was used for agricultural purposes and in 1988 planning permission was also granted for the conversion of an ex-agricultural building to bungalow. Within the application site there is another large outbuilding and a stable/barn to the rear of this building to the west. The applicant has purchased this site and has since split it into four separate plots which are occupied by one closely related family: The plots as set out can be described as follows and are shown on the plan attached at the end of this report:

Plot 1: this plot is at a slightly lower level than the rest of the site and is separated from the central plot by an existing wall and mesh fencing. The front, eastern side and rear boundaries are enclosed by existing walls and wire fencing. One of the former agricultural buildings and the lean to stables/barn (to the rear of the agricultural building) is located within this plot and are being retained for storage and stabling of horses. One static caravan and one touring caravan are sited on this plot along with a small shed.

Plot 2: the bungalow approved in 1988 occupies part of this plot (this application will not affect the planning status of the bungalow). Refurbishment works have taken place in recent months to this bungalow that may require planning permission. Pending the decision on this application the applicant may submit a retrospective application for these works if required. There is currently a timber day room within the site which will be removed. A touring caravan is currently sited on this plot and will be lived in until the bungalow has been refurbished and retained thereafter for touring purposes. The front boundary is enclosed by 6ft wooden fencing and gates, wire fencing on the rear boundary, existing wall and mesh fencing on the western boundary and 6ft timber fencing on the eastern boundary.

Plots 3 and 4: these plots have been split into two by a low level decorative fence. Both plots will accommodate a static caravan, tourer caravan and storage shed. There are slabbed hardstand areas within both areas of this plot. These plots are enclosed by 6ft timber fencing. There are some other small outbuildings within this plot which are not shown to be retained on the proposed plan.

Foul drainage from the all the plots is to a septic tank. An adjoining field to the north of the site is also within the ownership of the applicant but


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does not form part of this application. It is the intention of the applicant to continue to use this land as a field.

2. Site History


3278 Storage Buildings/Parking Approved 26.06.81

7477 Conversion from Ex-Agricultural building to bungalow

Approved 08.12.88

C/2004/0405 GRP Demountable Barn Approved 08.08.07



Team Manager Building Control: Building Regulations required. Service Manager Infrastructure: Highways: The proposal does not comply with policy DM1 (3a). The existing access lane serving the proposed residential site and existing garages is sub-standard with regards to both highway alignment and construction. There are no pedestrian provisions and the lane varies in width such that two vehicles cannot pass and has pinch points where the width reduces to 4.2m between physical obstructions (i.e. boundary enclosures and hedgerows). The required visibility splays are 2.4m x 43m which must be achieved in both directions at the access point onto the public highway (road leading to Stone’s Houses), the visibility splays fall well short of this criteria. In addition to the access track immediately serving the site, the public highway adjoining the access track between Filas Sirhywi/Sirhowy Villas is of narrow carriageway width (varying between 3.8m and 4.1m) and does not allow vehicles to pass each other in free flow. There are also no footway or street lighting provisions on this road. The officer has noted that he is mindful that shared pedestrian/vehicular access ways can provide a satisfactory solution and such arrangements are promoted in the Manual for Streets however such solutions should be proposed as a fully comprehensive solution that deals with surface treatments, speed restraints and other elements of urban design that creates a safe and convenient environment for all highway users. In this case, that is not the position and pedestrians associated with the site


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would have to use the track which falls well short of acceptable standards. Traffic engineering solutions to overcome the above concerns would involve upgrading, resurfacing and widening of the track and highway leading to Stone’s Houses to a minimum of 4.8m and provision for pedestrians both for the existing highway and the access track. It is however, noted that the land required to carry out these engineering solutions is not in the control of the applicant. Using the general transportation data base Trip Rate Information Computer System (TRICS) to quantify the trip generation for such a proposed development it is predicted that there will be between 7-9 vehicle movements daily per residential unit, meaning a possible average total of 36 daily vehicle movements along the access track and section of public highway adjoining the access track. Any residential development in this area would only add traffic and pedestrian movements from an existing highway and onto an access lane already recognised as sub-standard in design for both vehicles and pedestrians alike. The existing access lane and the highway adjoining the access lane does not meet the design standards of the “Blaenau Gwent County Borough Council Design Guide – Residential, Industrial and Commercial Estate Roads”, Manual for Streets or TAN 18 and the officer recommends that the application be refused on highway safety and failure to comply with policy criteria. Drainage: No objection to surface water drainage. Landscape: No landscape features of any interest worthy of protection. Any acceptable development should include the use of soft landscaping in order to compliment the local landscape characteristics, particularly to site boundaries. Rights of Way: No rights of way on or abutting the site. Service Manager Public Protection: No objection however the following comments have been made:

- The applicant has stated that sewage from the development is to


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be disposed of via a septic tank. Building Control need to be satisfied the tank is suitable and appropriate for the proposed development needs.

- The applicant has mentioned lighting systems are to be provided but there is little detail contained in the application what these systems might be. It is suggested that a suitably worded condition be attached to any permission that will prevent potential light nuisance.

Team Manager – Housing Solutions and Compliance If planning permission is granted the owners would be required to obtain a licence from the Housing Solutions and Compliance Section. Requirements for drinking water, waste disposal and drainage would be regulated under the terms of such a licence. The officer also confirmed that there is a list of families waiting to occupy the additional pitches at the Cwmcrachen Gypsy site. Head of Estates and Strategic Asset Management: The Council previously sold part of the site to a predecessor in title to the current owners. At the time of the sale a number of covenants restricting the use of the land were imposed and the uses applied for are not consistent with the covenants imposed. The applicant should therefore make an application to the Council in line with its Disposal and Acquisition of Land and Property Policy for a variation of the restrictive covenants to be considered in line with this policy. As the applicants intend using the existing access way Estates have no comments to make. However should there be any need for the lane to be widened and or improved and would require Council land to facilitate this, the applicant will need to make an application to the Council for a right to carry out the work. External Consultation Responses Town / Community Council: No objection. NRW Initially objected to the application as submitted because of the use of a non-mains foul drainage system in a publicly sewered area and no justification and appropriate assessment has been provided for this method of foul sewage disposal.


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Following a statement from the applicant in response to NRWs objection outlining why a non-mains foul drainage system was proposed NRW withdrew their objection subject to a condition requesting full details of disposal of foul and surface water drainage. NRW also request that should planning permission be granted that advisory notes are added in respect of Water Discharge Permits, bats, birds and invasive species. Coal Authority Objected initially to the application as no Coal Mining Risk Assessment was submitted with the proposal and the Coal Authority did not consider that the LPA had sufficient information to determine the application. Despite this objection the Coal Authority did confirm that if the applicant was prepared to confirm in writing that a site investigation would be undertaken in order to establish the exact location and condition of the on-site recorded mine entry and undertake any necessary remedial measures in order to demonstrate that the site is, or can be made safe to use as a traveller site, this would remove any objections they would have, subject to the LPA imposing any suitable conditions. The applicant had further communication with the Coal Authority and whilst the applicant did not commit to undertaking intrusive site investigations, the Coal Authority had regard for the siting of the caravans which appear to avoid any of the mine entries and withdrew their objection. The removal of the objection has been reinforced by the applicant acknowledging in writing that the risks posed by coal mining features and hazards would be considered in detail should any future operational development be proposed. The Coal Authority has requested that should planning permission be granted that an Informative Note be added regarding any future development/site investigations. Welsh Water: No objection. Standard conditions and advisory notes to be attached to any subsequent approval. Public Consultation: Strikethrough to delete as appropriate

10 letters to nearby houses at Stone’s Houses and Sirhowy Villas and Arosfa Day Centre

2 site notice(s)

press notice (land ownership Certificate D)


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other Response: A petition with 267 signatories and 3 letters of objection has been received. In summary the objections/concerns relate to:

With the Cwmcrachen site being only a few miles away, is there any need for another traveller site? The site in Cwmcrachen has no housing surrounding it which indicates that the site should be further away from private housing.

The proposal is a private application and is not a response to limited resources/facilities for the travelling community in the Borough.

The operation/control over the site has been questioned in relation to controlling that the occupiers of the site are family which could result in open tenancy; the provision of touring caravans in addition to statics would result in frequent unchallengeable entry and exit to the site which would overwhelmingly impact on the current local road/access arrangement.

The description of the application would be better described as a “touring park”.

The access is not appropriate for increased traffic associated with the development in particular with the speed the vehicles travel.

Additional traffic would present risks to people walking in the area and children playing.

The use of the site would result in further noise, disturbances and nuisance to the detriment of the neighbour’s current residential arrangements. There have been incidences of fires, dogs barking, fly grazing and noise from plant/machinery.

The land includes boundaries with other houses. There is no definition what the boundary treatments entail and how this will impact on residents. Trees and shrubbery should be retained around the site to protect the character of the area.

Additional caravans would severely overlook an objector’s property resulting in an invasion of privacy. A barrier of some kind to avoid overlooking would be required which would have a detrimental impact on the properties.

The suitability of the use of septic tanks for drainage has been questioned.

Constant worry of anti-social behaviour and crime. It is


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documented by national police and court records that anti-social behaviour and crime can increase in the vicinity of traveller sites which will cause property values to fall and sometimes impossible to sell. Will the Council compensate people for the loss of value to their homes and for the increase in house and car insurance premiums?

The local community should be entitled to quiet enjoyment of their homes and garden without the environmental and financial impacts of the presence of a traveller site.

The Ebbw Fach Trail has been obstructed and compromised.

Residents are fairly sure that a future expansion of the site would be sought if this application is granted.

The Council being aware that there is such direct local opposition projects a very undemocratic principle.

4. Planning Policy

Team Manager European and Planning Policy: Broadly support the development without prejudice to issues regarding landscaping and planting, sewer connection, home based business restriction, waste, ecology, visual impact, surface water, amenity, highway safety and parking being satisfactorily addressed. LDP Policies: SP4 Delivering High Quality Housing GT1 Gypsy and Traveller Accomodation DM9 Caravan Sites for Gypsies and Travellers DM1 New Devlopment PPW & Circulars: Planning Policy Wales (Edition 7, July 2014) Circular 30/2007 – Planning for Gypsy and Traveller Caravan Sites


The main considerations with this application are the acceptability of the proposal in policy terms, in particular with the need for the site with due consideration given to the impact of the proposal on residential, visual amenity of the area and access. Gypsy Status and Need In applications such as this it is important at the outset to establish Gypsy Status of the applicant and the occupiers of the site. Welsh Assembly Government Circular 30/07 (paragraph 3) provides a definition of Gypsies and Travellers; which has subsequently been superseded by Section 62 of the Mobile Homes (Wales) Act 2013 as


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follows:- ‘Gypsies and Travellers’ (‘Sipsiwn a Theithwyr’) means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such.’ The applicant has explained that his family originated from Herefordshire, while his wife is from Blaenau Gwent. The family have lived a traditional travellers life living on sites including the Cwmcrachen site at Nantyglo, and travelling around. The applicant and his family also resided on a private site within their ownership in Hirwaun but they were forced to sell up due to family differences. With the proceeds of the sale from that site they acquired the site subject of this planning application as they wished to return to the applicant’s wife’s home area. The applicant went on to explain that his wife is disabled and the travelling life now poses many problems for her. The wider family also has 7 children between them who will or currently require access to education provision. It is for these reasons that the applicant and his family have chosen to live a more settled life. Circular 30/07 recognises that ‘some Gypsies and Travellers have an actively itinerant lifestyle and are generally self employed people, sometimes working in scrap-metal dealing, laying tarmacadam, seasonal agricultural work, casual labour and other employment. These traditional means of employment are however changing and the community has generally become more settled. A more settled existence can prove beneficial to some Gypsies and Travellers in terms of access to health and education services, and employment and can contribute to greater integration and social inclusion within local communities…..Nevertheless the ability to travel remains an important part of Gypsy and Traveller culture, hence the applicants desire to retain the touring caravans. The Circular also notes that some Gypsy Travellers live in extended family groups and that this is a key feature of their traditional way of life that has an impact on planning for their accommodation needs.’ The applicant has submitted a Design and Access Statement that states that he and his applicant’s family are Gyspies that fall within the definition of Gypsies and Travellers as outlined in Circular 30/07 and I have no reason to dispute this claim. As such Circular 30/07 and policies relating to Gypsies and Travellers within the Blaenau Gwent


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Local Development plan are relevant in determining this application. Section 38 of the Planning and Compulsory Purchase Act 2004 provides that determinations of applications for planning permission shall be made in accordance with the development plan unless material considerations indicate otherwise. Paragraph 36 of Circular 30/07 identifies additional material planning considerations for LPA’s when considering Gypsy and Traveller site applications. In summary these are:

the impact on the surrounding area

the existing level of provision and need for sites in the area; and

the availability (or lack of) alternative accommodation for applicants and their specific personal circumstances.

Paragraphs 37 and 38 also advises Gypsies and Travellers should consult with Local Planning Authorities (LPA) on planning matters before buying land on which they intend to establish any caravan. In this instance I can confirm that the applicant did not consult with the LPA prior to occupying the site. Paragraph 40 of the Circular advises that LPAs are ‘entitled to refuse applications in locations that do not comply with planning policies, especially where the authority has complied with the guidance outlined in Circular and proceeded properly to ensure needs identified by accommodation assessments are being met.’ Paragraph 41 advises ‘local planning authorities when they consider refusing permission to assess what effect, if any, the absence of existing site provision would have on the ability to take, and defend such actions successfully in any subsequent appeal.’ In assessing local need the requirements of Circular 30/2007 are considered in the context of Blaenau Gwent’s LDP: Policy SP4 Delivering Quality Housing identifies that land will be made available to accommodate unmet gypsy and traveller accommodation. The Blaenau Gwent Gypsy and Traveller Housing Needs Assessment (September 2011) identified a need for a further 4 pitches. Policy GT1 Gypsy and Traveller Accommodation identifies land adjacent to the existing Cwmcrachen site which can accommodate 6 pitches. The Council is progressing a scheme at the site and has submitted a planning application for 4 units. This will meet the need


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identified in the Blaenau Gwent Gypsy and Traveller Housing Needs Assessment (September 2011). Notwithstanding this a new accommodation needs assessment is currently being undertaken and the outcome of this will not be known until April of next year. Policy DM9 Caravan sites for Gypsies and Travellers sets out criteria for the consideration of new sites where there is an unidentified future need. Whilst it is accepted from a planning policy perspective that the applicant has a need, the question is whether this need can be accommodated at the proposed extension to the Cwmcrachen Gypsie and Traveller site or is this an unidentified need. As explained above the LDP has identified need, has allocated a site to meet this need and work is progressing on delivering the site. Therefore there is an argument that any need should be accommodated within the proposed Cwmcrachen extension site, however it is has been confirmed by the Team Manager – Housing Solutions and Compliance that there are families already waiting to occupy these pitches. It is noted that the applicants Design and Access Statement cites flaws in the Council’s existing Local Development Plan needs accommodation study, disagreeing with the methodology used and the findings. On the basis of these views they consider that the current need identified for Gypsy Traveller accommodation is well below what it should be. In addition to this, a new needs assessment is currently being undertaken which may provide different results. The Team Manager European and Planning Policy has confirmed that whilst she doesn’t necessarily agree with all the points raised by the applicant in relation to the existing study there is a possibility that the newly emerging assessment, which uses a different methodology, may identify a higher level of need. For this reason, and taking into account advice in Circular 30/2007 she believes that the Local Planning Authority may not be in a position to refuse the application on grounds of need and defend such a decision successfully in any subsequent appeal. With regards to objections received in respect of the need for this development I am satisfied that this has been addressed above in that the LPA accepts that the need for additional Gypsy Traveller accommodation may be greater than evaluated in 2011. The objection stating that the development description should read “touring park” is not supported, it is considered that the detailed description clearly identifies the proposed/continued use of the site. The fact that this application is


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for a private site is not a material planning consideration. Principle of Development Where there is an unidentified need (as has been accepted above) could be the case, new Gypsy Traveller sites will be permitted where they comply with the relevant criterion outlined in policies SB1, DM9 and DM1. In considering the principle of the use of the site it is located within the urban area of Blaina. Therefore the principle of re-development of the site is acceptable and complies with policy SB1. Policy DM9 (a) requires the site to be well related to community facilities and services and Policy DM1 (2a) requires the development to be compatible with other uses in the locality. It is accepted that the site is well related to community services and as it is located in close proximity to a residential area and the use is compatible with other uses in the locality. I am therefore satisfied that the principle of the use of the site is acceptable and complies with planning policy. DM9(d) requires that the site can accommodate residential and home-based business uses without detriment to the amenity and character of the area. The applicant has confirmed that currently two residents on the site operate small businesses and live on the site, both however work off site. One of the concerns is a gardening/estate managing business the other is off site clearing/removing unwanted objects. Occasionally some of the scrub/tree waste/scrap is brought back to the site for a short time until it is disposed of at either a waste depot or scrap yard. Other residents at the site move away to work at particular times of the year. If planning permission was granted for the retention of this development a condition will be imposed to restrict business activities at the site to ensure any impact arising from the development in its current form wouldn’t differ as a result of business activities being carried out at the site. The potential impacts associated with this development are considered below. Scale, Layout and Design The development site as set out forms a small self contained permanent traveller site with four separate pitches. The site can easily accommodate the siting of the static and touring caravans, outbuildings, existing bungalow, parking and amenity space without over development. The new outbuildings have been constructed in timber


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and are considered to be visually acceptable. One objector has raised concern that if planning permission is granted for this application the occupiers would look to extend the site and additional caravans will result in severe overlooking of an objectors property. This would result in an invasion of privacy and would require a barrier of some kind to avoid overlooking which would have a detrimental impact on the properties. It is noted that the site is well screened by exiting fencing and trees around the site and although it is in close proximity to dwellings and Arosfa Day Centre, views into and out of the site are very limited. By virtue of the low height of the caravans and outbuildings and the separation distances (minimum of 45m) between any nearby properties I do not consider that the presence of the caravans/buildings has an undue impact on the privacy of occupiers of nearby properties. With regards to the expansion of the site, this is an assumption and should not prejudice the determination of this application. In any event if planning permission was granted a condition could be imposed restricting the number of static and touring caravans at the site.

It is noted that one of the objections states that boundary treatments have not been detailed as part of the application. The boundaries are as existing and are indicated on the proposed plans including wire fencing, part of the site is enclosed with close boarded timber fencing and rendered walls. The existing boundaries are considered to be acceptable, furthermore the plans indicate none of the boundaries exceed 2m in height and would therefore be permitted development.

The Service Manager Infrastructure has noted that there are no landscaping features of any interest worthy of protection but any acceptable development should include the use of soft landscaping in order to compliment the local landscape. However, I am of the opinion that there is sufficient existing landscaping surrounding the site to negate the need of further landscaping. The scale, layout and design as indicated on the plans is considered acceptable and complies with policies DM9(a) and DM1 (2b, c and g). A condition would be required for the layout as proposed to be complied with and the number of static and touring caravans to be restricted to safeguard amenity. Access The Service Manager – Infrastructure and local residents have objected


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to the proposal on highway safety and capacity grounds as outlined in ‘Consultation and Other Relevant Information’ and ‘Public Consultation’ sections of this report. The initial objection from the Service Manager – Infrastructure was relayed to the applicant who provided a written rebuttal to the highway objections. In summary the rebuttal letter made the following points:

There is little evidence or analysis produced to show how the access is substandard, with an assertion that there is no pedestrian provision and the lane widths vary so two cars cannot pass. There is no evidence of how highway capacity or safety will be compromised and the objection is based on seriously flawed and outdated analysis.

If this application is refused a whole family with young children and babies will be turned out onto the street. To use this reason for refusal without evidence and based on assertions is not good enough.

The Council’s Design Guide title suggests that it relates to ‘estates’. The access bears no resemblance to a residential or industrial estate either in terms or the volume of traffic or the type of vehicles using it.

The officers approach in regards to the Manual for Streets (MfS) is contradictory to the principles established in it. The key requirement of MfS is that the Highway should not be seen in isolation.

Key requirements in respect of this application are that design speeds should be low; the access lane assists this in the carriageway being narrow (not widened), reduced forward visibility, relatively poor surfacing, mound at the end of the junction which limits visibility forcing drivers to stop to check the road is clear, low or no curbing, absence of pedestrian separation and minimum signage.

The absence of formal pedestrian provision means that walkers take their own routes and drivers have to adapt accordingly (encouraged by MfS).

The current access lane promotes the idea of shared space, as many of the key concepts of conventional roads are absent, motorists are encouraged to be more aware of other road users and pedestrians.

The access track is very lightly trafficked and is largely used by the applicant and his family, garages at the bottom of the road,


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deliveries to the back of Stones Houses and occasional late night use by youths. There is therefore little need for passing places, however as the land adjacent to the track is at the same level, pulling one wheel off the track for another vehicle to pass is not a problem.

The Highway Authority requires improvements to the access to overcome the objections. The applicant contends that the level of development required will be out of keeping with the area and would be unnecessary. However, the applicant would be prepared to do agreed maintenance work if allowed and a S106 agreement could be negotiated.

The proposal is not a new residential development but the extension of a development which has been in existence for many years. The issue of highway capacity is at most a limited intensification of an existing use, with the applicant suggesting not more than 15 vehicle movements a day.

The applicant believes the access track is acceptable and complies with many recommendations in MfS.

The Service Manager – Infrastructure commented in response to the applicants letter in that extracts from MfS have been cherry picked and misinterpreted and he maintains his objection. The officer has also made further comment that the existing carriageway from Filas Sirhywi/Sirhowy Villas to the access track junction is sub-standard in terms of width, lack of pedestrian provision and street lighting and that any additional residential development off this access track would require highway engineering solutions on land that is outside of the applicant’s control. I have viewed both perspectives on the acceptability of the access objectively and whilst I concur with the applicant that the sub-standard condition of the access track and limited visibility would force careful driving and that two small vehicles may be able to pass this does not overcome concerns regarding the absence of provision for pedestrians and the fact that sub-standard surface is likely to worsen with frequent traffic movements (predicted by TRICS to be 36 daily vehicle movements). Whilst I appreciate the access road is not particularly long I also have concern regarding a vehicle and touring caravan being able to pass each other. It is also noted that the Service Manager Infrastructure has commented


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that the existing highway adjoining the junction of the access track is sub-standard and that the visibility splay onto the highway falls short of the required distance. This is a particular concern in respect of where the access track meets the carriageway particularly when being used to transport touring caravans and that the carriageway is too narrow for two vehicles to pass. It is acknowledged that the improvements to the access road and adjoining highway would require land outside the applicants control and whilst the applicant is willing to enter a S106 to maintain this road it cannot be certain that permission from the landowners to carry out such works would be forthcoming. I therefore conclude that the existing access track is unacceptable on highway capacity and safety grounds and does not comply with policy DM1 3(and b). Environmental Considerations An objection received has referred to the use of the site resulting in further noise, disturbances and nuisance to the detriment of the neighbour’s current residential arrangements and that the local community should be able to the right to quiet enjoyment of their homes and garden without the environmental impacts of the presence of a traveller site. The continued use of this site for residential purposes will undoubtedly result in additional noise in the same way that any residential development would, i.e. vehicle movements, noise from occupiers, pet noises and use of machinery/tools to maintain property. No residential properties directly adjoin the application site and it is not considered that the presence of a traveller site would introduce any unacceptable levels of additional noise that would be of undue detriment to the occupiers of surrounding residential properties. If there are concerns regarding dogs barking at the site and noise in general these complaints should be directed to the Council’s Environmental Health Section who has the appropriate powers to deal with noise nuisance complaints. It is not clear if the objection regarding the noise from machinery is in connection with alleged business activities at the site, however a suitably worded condition could control any business activity at the site that might have an unacceptable impact on amenity. With the exception of the provision of lighting the Service Manager – Public Protection has not raised any concerns regarding noise or the


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impact on the amenity of nearby properties. In respect of the provision of lighting a suitably worded condition could be imposed to ensure any light pollution nuisance will be prevented. I am satisfied that the continued use of the site would not have an unacceptable impact on the amenity of occupiers of nearby properties and that if there are concerns in relation to noise there are appropriate powers under Environmental Health legislation to deal with such complaints. The proposal complies with DM1 (2c and h). Ground Stability There has been minimal ground breaking works carried out at the site, with the exception of the erection of timber fencing and there are no ground breaking activities proposed. It is noted that the Coal Authority initially objected to this application. However, following further communication between the applicant and the Coal Authority this objection has been withdrawn subject to an informative being added to any permission drawing the applicant’s attention to the potential risks posed by coal mining features and hazards for any future site investigation or operational development. I am satisfied that the land is capable of supporting the development in its current form and accords with policy DM1 (2a). Drainage The applicant has indicated that drainage is and will continue to be disposed of via a septic tank. It is noted that an objection has been received from a resident questioning the suitability of the use of a septic tank. Views from Dwr Cymru/Welsh Water, NRW and Blaenau Gwent’s Drainage Engineer have been sought to ensure the site is capable of being provided with foul and surface water drainage, including appropriate infrastructure and facilities to manage waste. It is noted that there have been no objections raised by Dwr Cymru/Welsh Water and Blaenau Gwent’s Drainage Engineer (surface water drainage) and that the Council’s Housing Solutions and Compliance will require the applicant to apply for a licence that will regulate the disposal of waste and drainage. NRW initially objected to the application as submitted because of the use of a non-mains foul drainage system in a publicly sewered area. In response to this objection the applicant submitted justification for the use of a septic tank due to the distance from the caravans to the public


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sewer connection, the expense involved and that the connection would require the laying of pipes over third party land which the applicant has no control. This response was sent to NRW and I can confirm that subject to a condition being attached to any subsequent permission for submission of details for disposal of foul and surface water they withdrew their objection. The imposition of a condition for drainage within clear timescales for submission and implementation would be reasonable in addressing the concerns regarding drainage and would ensure that the proposal complies with policy DM1 (2e). Other Issues Other objections raised in response to the application related to:

Constant worry of anti-social behaviour and crime

Fall in property values and the inability to sell properties

Will the council compensate people for the loss of value to their homes and for the increase in house and car insurance premiums?

The Ebbw Fach Walking Trail being obstructed and compromised

Fly tipping

Fly grazing

Knowing there is such direct local opposition projects a very undemocratic principle.

I can confirm that these issues are not material planning considerations in the determination of this planning application.


The principle of the proposed development, the need and its impact on environmental and highway factors has been carefully assessed. It is accepted that there could be a need for this development has the current Blaenau Gwent Gypsy and Traveller Housing Needs Assessment is outdated and that the development is acceptable in principle in this location. However given the fundamental objection to this proposal by the Service Manager in respect of highway capacity and safety grounds I recommend that this application is refused. Planning permission be REFUSED for the following reason: The existing adopted highway from Filas Sirhywi/Sirhowy Villas and the access track serving the proposed residential site is sub-standard with regards to both highway design and construction and is unacceptable in terms of highway safety and capacity grounds. There are no pedestrian


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provisions and the access track and existing carriageway varies in width such that two vehicles cannot pass. Traffic engineering solutions to overcome the above concerns would involve upgrading, widening, provision for pedestrians and resurfacing. The land required to carry out these engineering solutions is not in the control of the applicant. Any residential development in this area would only add traffic and pedestrian movements to an existing adopted highway and access track already recognised as sub-standard in design for both vehicles and pedestrians alike. The retention of the development is therefore contrary to Policy DM1(3a and b) of the adopted Blaenau Gwent Local Development Plan.


The granting of planning permission contrary to the recommendation of this report undermines the fundamental principles of the adopted LDP Development Management Policies and compromises highway safety. Refusing to grant planning permission gives the applicant the right to appeal against the Council’s decision to the Planning Inspectorate. There will be cost to the Council in defending any appeal and the potential of costs being awarded to the applicant.


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Planning Report


Applicant: Agent:

Costain Ltd Mr Mark Young Ty Gwyn Road Twn Wenault Gilwern

RPS Mr Tim Perkins 2420 The Quadrant Aztec West Almondsbury Bristol

Site Address:

Ben Wards Fields, Brynmawr

Development:

Earthworks including importation of material, re-profiling of existing contours, temporary ancillary works including crushing plant, rock processing area, welfare facilities & parking areas with restoration to grass land with hedgerows & drainage features, for grazing & nature conservation & reinstatement of the rights of way. Case Officer: Steph Brown


The application has been submitted in conjunction with the current works being carried out for the Heads of the Valleys Road dualling project (HoV2) covering the area between Brynmawr and Gilwern that was consented under the Highways Act 1980 by Welsh Ministers. The proposed development relates to the deposit of material consisting of excavated rock and soils at Ben Wards Fields which are surplus to the deisgn requirements of the new highway. Located east of Brynmawr (rear of Techweld and to the north of Blaenavon Road), the application site is south of the Clydach Gorge and the A465 on north-facing gently sloping ground. The area comprises in part, a fomer opencast mining site on higher land at the western end of Clydach Gorge which has been restored to flowing contours and seeded. The site is used for agricultural grazing and informal recreational activities with a public footpath and National Cycle Route running through it. To the north of the site are consented works under the Highway Act that comprise of the deposit of material and reprofiling of contours. The application site comprises of three areas (Area 1, Area 2 and Area 3). Areas 1 and 2 are proposed for earthworks including the re-profiling of land and Area 3 is for access, welfare facilities and parking. A rock processing and crushing area will also be temproarily located in Area 1. There is also an ecological mitigation area associated with this proposal to the east of Area 2. This does not form part of the planning


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application as it is only subject to land management measures to mitigate for the works arising in Areas 2 and 3. It does however, need to be tied to any grant of planning permission by a legal undertaking between Blaenau Gwent Council, the landowner and Brecon Beacons National Park Authority. No permission could be issued until this legal agreement is signed by all parties and is legally binding and enforceable. The re-profiled areas would be graded and seeded with appropriate seed mix to marry-in with the existing contours and grassland tones of the adjacent land with the planting of new hedgerows and trees. A 5 year landscape and ecological management plan is also proposed. New drainage channels would be formed together with a small number of ponds/basins. The Right of Way running throught the site will be diverted and a new Cycle Way will be created adjacent to the existing Cycle Way. A Right of Way and Cycle Way will be available at all times during the development proposal. The mitigation area although not part of the application area will also be subject to land management areas to improve habitat suitability for Lapwing with new shallow pools created and areas of existing vegetation/grassland will be maintained. This mitigation area will also be subject to a 5 year aftercare period. Materials to be processed or placed at Ben Wards Field will be transported either by road using the existing temproary access from the B4248 (Blaenavon Road) and/or via the newly constructed Bailey bridge (linking Ben Wards Fields to the construction works on the northern side of the A465). The proposed earthworks and restoration would take place in 11 phases over a period of 2 and a half years (due to be complete approximately March/April 2018) involving the importation of 350,000m3 of material to an average depth of 1.9m and a maximum depth of 6.5m where there are existing depressions in the land formation. The proposed hours of working will be 07:30 -19:00 Monday to Friday, 08:00 – 13:00 on Saturdays and 09:00 – 13:00 on Sundays for deliveries of fuel only.

2. Site History


96/0268 Phase 1: clinic & administration base, Phase 2: Residential hospice (out)

Withdrawn 24.02.97

99/0300 Construction of a surfaced pedestrian & cycle path Approved 11.11.99

2011/0213 Shared use community and cycle route Approved 07.09.11


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Team Manager Building Control: Not required. Service Manager Infrastructure: Highways: The proposal complies with Policy DM1 (3a, b, c and d) therefore there are no objections. Drainage: No objection in principle. Ground Stability: No observations. Landscape: No objection subject to modified of engineered profiles/topography, realignment of hedgerows and submission of details of planting specification including ground preparation/maintenance and 5 year management plan. Ecology: No objections subject to landscaping details being adequately specified and details of maintenance during the five year aftercare period, a legal agreement being in place to tie the ecological mitigation area to any subsequent planning permission. The CEMP (Construction Environment Management Plan) needs to be revised to have regard to timing of works in relation to proposed reptile mitigation. The recommendations in the ecological report and the revised CEMP need to be implemented in full. Rights of Way: No objection. Service Manager Public Protection: No objection subject to CEMP and Air Quality Management Plan being complied with. Head of Estates and Strategic Asset Management: No objection, a small parcel of the application is owned by Blaenau Gwent Council. Notice has been served on the Council. External Consultation Responses Town / Community Council:


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No objection. Heritage Officer No objection. Natural Resources Wales: No objection subject to matters relating to long term landscape and ecological management plan and drainage to be controlled through any subsequent planning permission. WAG – Transport Division No objections, works are required in conjunction with the A465 Section 2 improvement proposals. Welsh Water: No response received. Western Power: Indicated position of apparatus. W&W Utilities: No objection, indicated position of apparatus. Coal Authority: No objection but the Coal Authority would expect the proposed development to be carried out in accordance with the Mitigation Strategy included in the Geotechnical Desk Study Report (September 2015, prepared by Integral Geotechnique). Brecon Beacons NP Supportive of the development as the overall landscape impact of the proposed depositional areas will be limited but made the following comments:

- The finished earth profiles of Area 1 present an opportunity to create a viewpoint into the Clydach Gorge and above the new Gateway Bridge and the developer should be encouraged to consider installing the Sustrans Cycle Route further to the north to provide better vistas for the users of this route. An interpretation panel on this route to describe the history of the upper gorge would be beneficial.

- The temporary rights of way and cycle track diversions are not clearly marked on the plans, BGCBC Rights of Way team need to ensure these diversions are acceptable.

- The drainage channels are urban in character with overly engineered profiles, the developer should create more natural looking channels.

- The seed mix for the depositional area needs to be controlled by planning condition requiring approval by the LPA.

- The initial enhancements proposed for the mitigation area (rush control and


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pond/scrape) need to be completed imminently. The timing of this work should be controlled by condition; March 2016 would be an appropriate framework.

- The full restoration may not be achieved by the end of the 5 year aftercare period, it is therefore recommended that the developer enter into a S106 agreement in relation to both the application area and mitigation area which secures active habitat management of both site until BGCBC, BBNPA, and NRW are content that full restoration and mitigation has been achieved.

- The S106 should also require that the developer carries out an annual review of both the habitat management measures undertaken and lapwing nesting and breeding numbers. The report of the findings should be provided to BGCBC, BBNPA and NRW.

- The developer should be encouraged to explore an arrangement whereby longer biodiversity benefits post full restoration could be undertaken by an onithological charity or similar body to continue future management for the benefit of Lapwings and associated species.

Torfaen CBC: No objections. Monmouth CBC: No response received. Sustrans: No objections subject to; the cycle route to remain open at all times, the diversion if required should only be implemented towards the end of the earth works this is to ensure that inconvenience to users are kept to the minimum any diversion should be as direct as possible similar to the existing route, this is important not only from a user’s perspective but it should help to keep the construction site safe and secure and the replacement route should be as close to the existing route alignment and constructed to the same standard and must be machine laid. GWT: No response received. CADW: The heritage statement accompanying the application stated there will be no views of the proposed development to, or from scheduled monuments identified and therefore there will be no impact on the settings of the monuments. Cadw concurs with this assessment. Whilst the temporary works are being undertaken there will be a very slight impact on historic landscapes however when the works are completed there will be no impact. Public Consultation:


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Strikethrough to delete as appropriate

49 letters to nearby houses/industrial units

site notice(s)

press notice




other Response: One letter of objection has been received. The reasons for objecting are summarised below:

The earthworks will be a significant extension of the existing works that are being carried out as part of the A465 Heads of the Valley road improvement scheme. The work will involve heavy plant, sited just off the settlement boundary and will affect those living on or around Milfraen View, Old Blaenavon Road, Shoemaker Close and Hafod View Close.

The works will largely envelope the residential areas listed above and will be oppressive and overbearing for the people who live on that corner of Brynmawr.

The dust levels from current works are just about tolerable, but there are concerns that the expansion of the site will tip the balance to the point of becoming a statutory nuisance.

Increased plant movements will result in increased sound levels and there is concern that the noise level will rise to levels of becoming a statutory nuisance. One of the most significant sources of noise will come from the rock crushing plant. This is shown as being sited very close to the residential properties which will no doubt be adversely affected by noise and vibration. Rock crushing is a material change to the current work being undertaken at the site as this type of plant has not been heard or seen in the area before.

The current site has brought with it a much higher level of vehicle traffic on the B4248 Blaenavon Road than that experienced before the programme of work. There is concern that there will be a further significant increase which will have an impact of the safety of road users. Of particular concern is the junction at the site entrance.

Concerns that the development will have a deleterious effect to the ecology of the area, such of loss of habitat which may cause irreversible effects to the population of birds in particular.

4. Planning Policy

Team Manager European and Planning Policy: Broadly support the proposal without prejudice to the following issues being taken into


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account: impact on Special Landscape Area, Site of Importance for Nature Conservation, surface water run-off, ecology, visual impact, local amenity, contamination, impact on public right of way and cycle route, highway safety, car parking and operational space, provision of HRA (Habitats Regulations Assessment) and historic environment. LDP Policies:

DM1 New Development

DM14 Biodiversity Protection and Enhancement

DM15 Protection and Enhancement of the Green Infrastructure

DM16 Trees, Woodlands and Hedgerow Protection

ENV2 Special Landscape Areas

ENV3 Site of Importance for Nature Conservation

M1 Coal Safeguarding Area

M3 Areas where coal working will not be acceptable

SP10 Protection and Enhancement of the Natural Environment

SP11 Protection and Enhancement of the Historic Environment

PPW & TANs: Planning Policy Wales (PPW) (Edition 7, July 2014)


The Blaenau Gwent Local Development Plan indicates that the site lies outside the settlement boundary (Policy SB1); within the Special Landscape Area (SLA) (Policy ENV2); within a Coal Safeguarding Area (Policy M1); within an area where coal working is not allowed (Policy M3) and partly overlaps with a Site of Importance for Nature Conservation Policy ENV3.93 – Adjacent to Noble Square. The primary considerations in this determining this application are: the impact on the SLA and the wider landscape, impact on ecology and biodiversity, environmental impacts, access, drainage, ground stability, land use and impact on the historic environment. The potential impacts associated with this development are considered below. Landscape and Visual Impact The proposal would raise the levels of and re-profile the topography of Ben Wards Field and would be visible from a number of vantage points including Mynydd Llangatwg, the upper slopes of the Clydach Gorge with limited views near Noble Square Industrial Estate/Milfraen View. The applicant has considered the existing local landscape characteristics and provided visual information to demonstrate that the material will be deposited and re-profiled in a manner that will emulate the existing landscape features albeit at increased levels, with rough grassland, new hedgerows, tree planting, occasional ponds, drainage channels and hedgerows across parts of the


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site. The Service Manager Infrastructure raised initial concern that some of the new profiles were overly engineered. However the profiles being referred to show the profile of the land outside the site where the re-profiling works are being carried out under the consented Highway Scheme for the dualling of the Heads of the Valley. He also noted that the hedgerow runs were regimented and that the long straight runs should offer more frequent deflections and introduces curves. In response to these comments the applicant has submitted a revised hedgerow layout which the Service Manager Infrastructure has confirmed is acceptable. BBNPA also made comment that the drainage channels were overly engineered and should be softened to look more natural within the landscape setting. I agree with the view of BBNPA on this point and the applicant has been made aware of these concerns and has asked that a condition be imposed to submit revised details of the drainage channels. BBNPA and the Council’s Service Manager Infrastructure have requested further details regarding the seed/planting mix to ensure the areas as restored will match the existing vegetation as closely as possible. This is a reasonable request and is critical if the finished appearance of the site is to integrate with the existing landscape. NRW, BBNPA and the Council’s Service Manager Infrastructure have confirmed that whilst there would be increased construction impacts in the context of the A465 dualling scheme there would be no significant adverse effects on special landscape designations. They are satisfied that the level of information provided demonstrates that the overall landscape impact will be limited and will not detract substantially from views into or out of the development site. However to ensure satisfactory restoration a Landscape Management Plan will be required. There have been differing views as to the duration of the Landscape Management Plan in that the applicant has committed to 5 years which the Service Manager Infrastructure has confirmed should be sufficient whereas NRW and BBNPA have requested a longer term plan. The reason for requesting a long term plan is due to concern that the habitats may not be fully restored particularly in respect of Lapwings within 5 years. It is therefore my intention to impose a condition requesting the submission of an 8 year Land Management Plan in an attempt to address the concern regarding habitat creation. Concern has been raised by a member of the public that the proposal will largely envelope the nearby residential areas and will be oppressive and overbearing for the people who live on that corner of Brynmawr. I appreciate the concern made by the resident as there are significant earthworks/re-profiling works being carried out in close proximity to the residents of Milfraen View, Shoemaker Close and Hafod View as part of the Highway Consented scheme. It is the earthworks undertaken within Area 1 that


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will be most visible to the residents within this area of Brynmawr. However it is my opinion that due to the separation distance between these properties and intervening landforms, the increase in levels is not considered to have an unacceptable effect on the visual impact on the occupiers of these properties, particularly when viewed in context with the wider earthworks being undertaken as part of the A465 dualling scheme. I am satisfied that subject to conditions outlined above that the proposal will not have an unacceptable impact on the surrounding landscape or visual impact on the occupiers of nearby residential/industrial properties and that the proposal complies with policies ENV2, DM15 and DM1 (2b and c). Ecology and Biodiversity The application is accompanied by an Ecology Report and HRA which provides an appraisal of the ecology of the development site and addresses the proposed earthworks in terms of creating new habitat aimed at benefiting key species. The report concludes that the Heads of the Valleys area has an importance for species including Lapwing and Lesser Horseshoe Bat. Following the completion of the earthworks it is proposed that the land will be restored with a focus on providing enhanced habitat for these and other species. The application is also accompanied by a Habitat Management Plan for the Mitigation Area to provide details of enhancements to Lapwing habitat, mainly as an associated compensation are to the east of the application area given the temporary loss of breeding habitat within the Ben Wards Fields deposition areas. Whilst not forming part of this application the use of the Mitigation Area in association with this proposal will be secured by a Legal Agreement. BBNPA have commented that the initial enhancements proposed for the mitigation area (rush control and pond scrape/creation) should be completed immediately and that the timing of this work should be controlled by a planning condition to be completed ideally by the end of March 2016. The applicant has also stated that a 5 year Land Management Plan would be provided for the mitigation area, again this is something that will be addressed as part of the Legal Agreement. The Service Manager Infrastructure has commented that the ecological reports note impacts including habitat loss and displacement of ecological receptors however these are acknowledged to be ‘insignificant’ and ‘temporary’ in nature. In the Service Managers opinion, as a strategic plan the landscaping and species mitigation proposals should be sufficient to mitigate the temporary ecological effects which have been identified as part of the ecological appraisal. However it is noted that the submitted reports lacked detail in relation to habitat creation e.g. details of appropriate seed mix and hedgerow and tree species and the CEMP needs to be revised to have regard for revised to have regard to timing of works in relation to proposed reptile


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mitigation. These further details will be required by condition, in addition to the submission of an 8 year Land Management Plan (as outlined above) and that all recommendations as detailed in the Ecology Report and the CEMP to be implemented in full. It is noted that part of the site overlaps with a SINC. However it is considered that the proposal complies with DM14(2a) in that the proposal maintains through mitigation the ecological importance of the designation. Other that the issue raised by NRW and BBNPA regarding the duration of the Land Management Plan which has been addressed under ‘Landscape and Visual Impact’ there have been no objections received by regulatory consultees. In fact, it has been acknowledged that the proposal will in the long-term provide a gain in nature conservation. I am satisfied that the concern raised by a member of the public in relation to the potential effects on ecology has been addressed above. I am satisfied that through the imposition of conditions and securing the use of the mitigation area that the impacts on ecology will be appropriately mitigated for and that the proposal complies with policy SP10(f), DM14 and ENV3. Environmental (noise, vibration, dust, light) This type of development will inevitably create noise, vibration, dust and will necessitate the need at times for the provision of artificial lighting. These are all issues that can have an impact on amenity and it is essential that such issues can be mitigated for to a level that is considered to be acceptable. The applicant submitted environmental assessments including a Noise and Vibration Report and a Construction Environmental Management Plan (CEMP). These documents detail the measures and controls that the applicant will implement to ensure any environmental impacts are minimised and mitigated and that all activity complies with regulatory requirements. Noise The noise assessment determines the level of noise likely to be generated by the construction activities associated with the proposed development. Likely noise sources will be from traffic movements, operation of plant and machinery and crushing and screening activities. The Service Manager Public Protection has stated that Environmental Health have previously served a Section 61 Control of Pollution Act 1974 notice on Costains (the applicant), which limits noise and vibration levels and hours of operation from construction activities associated with the Section 2 development. This notice would also apply to the proposed development site. He has therefore confirmed he is satisfied from the noise assessment that the applicant has provided that the predicted noise levels will be in compliance with the restrictions


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imposed by the Section 61 notice and therefore does not object to the proposal on noise grounds or propose any planning conditions to control noise from the development. The applicant is aware of the restrictions imposed by the Section 61 notice and that they will apply to this application site. It is noted that there have been concerns raised by a local resident regarding noise and vibration in-particular with the use of the temporary rock crushing/screening activities in Area 1. However, these activities have been given due regard in the noise assessment and are also covered by the Section 61 Notice. It should also be noted that the rock processing area will be a minimum of approximately 170m away from the residential properties. Air Quality The applicant has outlined principles and techniques which will be utilised to minimise dust generation and any impacts arising from dust generation. The Service Manager is satisfied that the principles outlined in the document are robust and acceptable however it does specify that deposit gauges, soiling rate measurement and real time air quality monitoring will be utilised to monitor dust emissions and that a monitoring programme will be agreed with the Local Authority. The Service Manager Public Protection requested the submission of an Air Quality Monitoring Plan to outline the programme of monitoring, the type and location of the monitoring and the reporting mechanisms for approval by the Local Planning Authority. The applicant has now submitted the required plan and the Service Manager Public Protection confirmed he is satisfied with the content but a condition is required to secure implementation with the plan. Contamination The applicant has provided an assessment of the risk of contamination presented by the proposed development site in its current condition. The assessment has proposed that the risk of chemical contamination at the site is low and that given the proposed use of the site (the deposit of clean excavated material which will encapsulate any residual contamination present at the development site) the risk from this residual contamination at the site should be low. The Service Manager Public Protection has confirmed that this appears to be reasonable. His main concern with the proposal is that there could be an importation of contaminated material onto the site from offsite excavations. The applicant has submitted and referenced two documents which should minimise the likelihood of this occurring through a Waste Management Plan and a Contaminated Land Management Plan. Both these documents identify how known areas of contamination across the Section 2 development site will be dealt with and what measures will be utilised to identify any unknown land contamination. As a result of these documents the Service Manager Public Protection has confirmed he is satisfied that any issues associated with ground contamination and the proposed development have been assessed and that any risks present are not significant and


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that the applicant has robust process in place to identify any unknown ground contamination identified during excavation of imported fill material and therefore does not see the need for any planning conditions to address this issue. NRW also has controls to ensure the imported material is clean and free from contamination. Light The applicant did not initially consider the potential for light nuisance to arise during the construction phase of the development. However, since this issue has been raised with the applicant the CEMP has been amended to have regard to light and has stated that it is unlikely that there would be prolonged periods of work in darkness but when required the Institution of Lighting Engineers guidance will be adhered to. A condition will be attached stating that the CEMP must be complied with which will ensure that the potential for light nuisance will be minimised. The Service Manager Public Protection has confirmed the details outlined in the revised CEMP are acceptable. As the development site borders BBNPA I have also had regard to the international Dark Sky Reserve status that has been awarded to BBNPA. This status is given to destinations that can prove they have an outstanding quality of night sky and that they pledge to reduce light pollution to enhance the quality of the asset. It is noted that BBNPA have not raised any concern in this regard. I am also mindful that there is no intention to have prolonged periods of work in darkness that will require the provision of lighting and that there are no long term lighting proposals associated with this development. I am satisfied the proposal will not have an unacceptable impact on the Dark Sky Reserve. The concerns regarding environmental impacts raised by a local resident have been addressed above and I am satisfied that any impact arising from noise, vibration, dust, contamination and light can be satisfactorily controlled by the imposition of the conditions outlined above and by the restrictions contained within the Section 61 Notice. The proposal complies with policy DM1 (2g, h and j). Access Materials to be processed or placed at Ben Wards Field will be transported either by road using the existing temproary access from the B4248 (Blaenavon Road) and/or via the newly constructed Bailey bridge (linking Ben Wards Fields to the construction works on the northern side of the A465). A member of the public has stated that the current site has brought with it a much higher level of vehicle traffic on the B4248 Blaenavon Road than that experienced before the programme of work and has concern that there will be a further significant increase which will have an impact of the safety of road users. Of particular concern is


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the junction at the site entrance. The Service Manager Infrastructure has acknowledged that the Transport Statement – Impact Statement stated that the Bailey Bridge will allow circa 500,000m3 of material to be transported to Ben Wards Field without impacting on the surrounding road network. There will be approximately 31 trips per day on average using the Bailey Bridge and 47 per day on average using the highway network. From the point of view of the County Borough Highway Network, the Service Manager has confirmed that he is confident that the 1.2% increase in Annual Average Daily Traffic is well within the capacity of the highway network at this location and will have no detrimental effect on the existing highway users both vehicle and pedestrian alike. Any mud on the highway will be monitored and addressed by the Highway Officers under the Highways Act 1980. The Service Manager Infrastructure has confirmed that he has no objections to the proposal and that it complies with Policy DM1 3(a, b, c & d). A condition will be required to ensure the Transport Assessment is complied with. Land Use and Recreation The Land Use and Recreation Technical Report submitted with the application considers the effects on areas of agricultural land and on land used by the community e.g. common land, use of public open space, public rights of way and cycle routes. The applicant accepts that there would be a temporary loss of agricultural land during the earthworks. However, the effective restoration of this and aftercare proposals of the land should ensure that the land is returned to its former agricultural use where appropriate. The proposed works will result in the need for the National Cycle Route to be relocated this will be adjacent to the existing Cycle Route. A cycle route will (whether existing or temporary) remain open at all times until the new Cycle Route is constructed and to the same specification as the existing. Details of the construction and surfacing of new and temporary cycle route have been provided and Sustrans have confirmed these details are acceptable. A condition will be required ensuring the cycle routes are constructed in accordance with the agreed design specification. BBNPA have made comment that the developer should be encouraged to divert the cycle route further to the north to provide better vistas for the users of the route. The applicant has been made aware of this suggestion but has not sought to amend the proposed cycle route. The cycle route as proposed is considered acceptable. With regards to the Right of Way running through Area 1, the Rights of Way Officer has confirmed that any Rights of Way in the area in question are temporarily stopped up. When the work is finished in the summer of 2018 the Rights of Way will be reinstated,


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except for the Rights of Way that are being stopped up, as per the side road orders. There would be no effects on the use of public footpaths although users would obviously be aware of the works over a two year period. It is considered that the proposal has had due regard for pedestrians and cyclists and that temporary provisions will be made to ensure any travel through the site by foot or bicycle is still possible with minimum disruption. The development complies with DM1 (3b). Ground Stability The application site falls within the Development High Risk Area; therefore within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. The applicant has submitted a Geotechnical Desk Study Report which includes a Coal Mining Risk Assessment Report (CMRA). The CMRA considers that opencast workings would have removed these features from the site and the overall likelihood of encountering a mine entry or shallow workings is considered low. The Coal Authority considers that the information submitted with this application is broadly sufficient for the purposes of the planning system and meets the requirements of PPW in demonstrating that the application site is, or can be made, safe and stable for the proposed development. The Coal Authority expects the proposed development to be carried out in accordance with the Mitigation Strategy Proposed in the Geotechnical Desk Study Report. The Service Manager Infrastructure has no objections in respect of ground stability and I am satisfied that the proposal complies with policy DM1 2(i). Drainage The development site is located within Flood Zone A, defined as at little to no risk of river flooding. A Flood Consequences Assessment has been undertaken which demonstrates that the proposed development in this location meets the requirements of PPW, TAN 15 and the Blaenau Gwent LDP. Surface water run-off is proposed to be collected and transmitted to an outfall using a system that will flow into ecological, Lapwing and wetland areas. Ponds, scrapes, wetlands and sedimentation basins are also proposed to be provided in the flat areas of earthworks to reduce and prevent risk of flooding and pollution of the existing drainage system and to enhance the ecological environment. The Service Manager – Infrastructure has not raised any objections in respect on surface water drainage. NRW have requested that if the LPA are minded to grant planning permission they recommend that appropriate systems are put in place to


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manage storm water, which includes a component for controlling erosion and sediment run-off from the development site and that a condition is imposed requesting details of the implementation, maintenance and management of the drainage system. This is a reasonable request to ensure there is no pollution to the water course, that the drainage system is suitable and that the proposal complies with policy DM1 1(e) and DM2 (2e). In addition I have requested as part of the drainage details that the channels are softened and do not have over engineered profiles. Historic Environment A Heritage Assessment has been submitted as part of this application. The report concludes that the proposed earthworks will not affect the designated historic landscapes in the area, Clydach railroad, Hafod Arch, Bailey’s Goviland tramroad, or Clydach coal levels but will have a slight effect on the Blaenavon Branch railway and bridge. The applicant has proposed mitigation for the effect on the Bleanavon branch and bridge in the form of a notice board near the bridge, however this would be outside of the development site and the land is not in the control of the applicant, therefore the LPA would not be able to secure the provision of this board by condition. However, it is noted that neither the Heritage Officer, NRW or CADW have objected to the development and that they concur with the heritage assessment in that generally the views across to and from the historic landscapes would not change significantly. I am satisfied that the development proposal complies with policy SP11 which requires the protection and enhancement of the historic environment.


RECOMMENDATION

The principle of the proposed development, its impact on landscape, ecological, environmental, drainage and highway factors has been carefully assessed. It is considered that the principle of the development is acceptable and that the impacts of the development are also acceptable subject to mitigation where appropriate. I recommended that planning permission be GRANTED subject to the satisfactory completion of a Section 106 Legal Agreement to secure the use and land management of the mitigation area and the following conditions:

1. The development shall be completed in full accordance with the following approved plans and documents:

Heads of the Valleys Section 2 Red Line and Mitigation Area Boundaries, Drg Ref HOV2-BWF-001-01, stamped received 29/09/2015

Proposed Finished Contours, Drg Ref HOV2-BWF-003/01, stamped received 10/12/2015

Landscape Design Areas 1, 2 & 3 (Sheet 1 of 3), Drg Ref HOV2-BWF-007/01, stamped received 10/12/2015


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Sections Sheet 1 of 2, Drg Ref FIGURE 18a, stamped received 29/09/2015

Sections Sheet 2 of 2, Drg Ref HOV2-BWF-008/02, stamped received 10/12/2015

Landscape Design Area 1 (Sheet 2 of 3), Drg Ref HOV2-BWF-007/02, stamped received 10/12/2015

Landscape Design Areas 2 & 3 (Sheet 3 of 3), Drg Ref HOV2-BWF-007/3, stamped received 10/12/2015

Proposed Drainage Plan, Drg Ref HOV2-BWF-013-01, stamped received 29/09/2015

Geotechnical Desk Study Report, Doc Ref A465HOV2-IG-11605/MJE, received 29/09/2015

Transport Statement, Doc Ref HOV2-BWF-239015-v1, stamped received 29/092015

Noise and Vibration Assessment, Doc Ref HOV2-BWF-Noise-Vibration-Assessment-150923-v1

Air Quality Management Plan, November 2014, stamped received 01/12/2015

Ecology Report stamped received Doc Ref A465HOV2-RPS-xxxx-DO-xxx (Revised Appendix 6 received 10/12/2015)

Drainage Assessment and Design Strategy, Doc Ref HIOV2-BWF-Drainage-150924, stamped received 29/09/2015

Proposed temporary National Cycle Route and Public Diversion Footpath, Drg Ref HOV2-BWF-011-01, stamped received 29/09/2015

Proposed New National Cycle Route, Drg Ref HOV2-BWF-009-01, stamped received 29/09/2015

Proposed Profile of New National Cycle Route, Drg Ref HOV2-BWF-010-01, stamped received 29/09/2015

Temporary and permanent Cycle Route Construction Details as per email and attachments dated 08/12/2015: Sustrans Standard Detail, Drg SD/01, Rev B

Location of Rock Processing Area and Plant Details, Drg Ref HOV2-BWF-006-01, stamped received 29/09/2015

Area 3 Access Area Proposed Layout, Drg Ref HOV2-BWF-005-011, stamped received 29/09/2015 unless otherwise specified or required by conditions 3, 4, 5, 6 and 7 listed below. Reason: To clearly define the scope of this permission.

2. Within 28 days of the date of this decision notice a revised phasing plan shall be

submitted indicating the phases of the earthworks and restoration hereby approved for the written approval of the Local Planning Authority. The development shall be implemented in accordance with the approved Phasing Plan unless otherwise agreed in writing with the Local Planning Authority. Reason: To clearly define the submission of details as required by conditions 3,


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4, 5 and 6.

3. Within 28 days of the date of this decision notice a revised Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall be implemented in full accordance with the approved details unless otherwise agreed with the Local Planning Authority. Reason: To ensure that the development is undertaken in a manner that safeguards the amenities of local residents and protects the natural environment.

4. Within 3 months of the date of this decision notice rush control and creation of ponds/scrapes within the mitigation area shall be completed in accordance with details outlined in Appendix 6 (Revised) of the Ecology Report, Doc Ref A465HOV2-RPS-xxxDOxxx stamped received 10/12/2015. Reason: To ensure the mitigation area is suitable to provide offset habitat while the earthworks are being carried out.

5. Prior to the commencement of the first phase of restoration (as per approved

Phasing Plan) details of the channel formations, implementation, maintenance, and management of a drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details unless otherwise agreed with the Local Planning Authority. Reason: To ensure the implementation of a suitable drainage scheme, maintain water quality and prevent pollution of the water environment.


Phasing Plan) details of the ground preparation, planting plans, number and details of species/seed mix shall be submitted to and approved in writing by the Local Planning Authority. The details as approved shall be carried out in the first planting and seeding season following completion of the re-profiling of Areas 1, 2 and 3 as indicated on Heads of the Valleys Section 2 Red Line and Mitigation Area Boundaries, Drg Ref HOV2-BWF-001-01, stamped received 29/09/2015. Reason: To ensure submission of an appropriate landscaping scheme to secure a development that integrates into the existing landscape and timely implementation.


Phasing Plan) full details of a habitat and landscape management plan for a minimum of eight years for Areas 1, 2 and 3 as indicated on the approved Heads of the Valleys Section 2 Red Line and Mitigation Area Boundaries, Drg Ref HOV2-BWF-001-01, stamped received 29/09/2015 shall be submitted to and approved in writing by the Local Planning Authority. All works and measures


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identified in the scheme shall be implemented in full accordance with such timescales as may be approved in writing by the Local Planning Authority. Reason: To ensure that the habitat and landscape value of the site is restored, enhanced and maintained in an appropriate manner.

8. The development shall begin not later than five years from the date of this

decision notice. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.


None. The proposal complies with planning policies in the LDP and national planning policy. Conditions have been recommended which seek to mitigate any impact arising from the proposal and a S106 Legal Agreement will need to be secured to tie the use of the mitigation area to the development site.


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