4th July 2012 20871513 To: Members of the Council Dear Councillor Planning Committee Wednesday 11th July 2012 at Ferrier Hall, City Hall, Cardiff (meeting starts at 2.30.p.m.) I attach a copy of the schedule of Development Control Applications which will be considered at this meeting of the Planning Committee. The plans relating to the applications will be available for inspection at the City Hall, during the whole of Tuesday and Wednesday morning preceding the Committee. Unless otherwise stated in the report, Planning Committee has delegated powers to determine the applications in the schedule. Planning Committee (but not an individual member) can also refer a matter to another committee or to the Council for a resolution. However, Council cannot move an amendment to a recommendation relating to a planning application or make a recommendation relating to a planning application and can only refer a matter back to Planning Committee on one occasion, after which Planning Committee shall decide the matter. Please now note that if any requests for site visits are acceded to by the meeting, such site visits will take place during the afternoon of Wednesday 8th August 2012. If you submit a request for a site visit, you must include in your submission - (a) a choice of at least two starting times for the site visit that you are requesting, each of which must be at least 45 minutes apart; and (b) the reasons why you believe that such a site visit is necessary. If you fail to provide any choices of starting times for the site visit that you've requested, it will be assumed that you will be available to attend such a site visit at any time of the day, regardless of what time it starts. The Clerk to the Council will circulate the Agenda for the meeting to the Members of the Planning Committee separately. Yours sincerely

Strategic Planning and Development Manager

CARDIFF COUNTY COUNCIL PLANNING COMMITTEE

THE REPORTS OF THE CHIEF STRATEGIC PLANNING AND ENVIRONMENT

OFFICER

LIST OF DEVELOPMENT APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE ON 11TH JULY AT 2.30PM

AREA PAGES INNER 1 - 78 HOUSEHOLDER 79 - 97 OUTER 98 - 218

CARDIFF LOCAL DEVELOPMENT PLAN When regard is to be had to the Development Plan the Council’s decision must be made in accordance with the Plan unless material considerations indicate otherwise. The Development Plan for the administrative area of Cardiff remains the City of Cardiff Local Plan (1996), the South Glamorgan (Cardiff Area) Replacement Structure Plan (1997) and the South Glamorgan (Cardiff Area) Minerals Local Plan together with the approved Mid Glamorgan County structure Plan incorporating Proposed Alterations No.1 (September 1989). In accordance with statutory procedures, the Council prepared and placed on deposit a Unitary Development Plan (to 2016) in October 2003. It has never been formally abandoned but agreement was reached with the Welsh Assembly Government in May 2005 to cease work on the UDP and commence work on a new Local Development Plan prepared under the provisions of the Planning and Compulsory Purchase Act 2004. On the 28 April 2009 Cardiff Council placed the Cardiff Local Development Plan 2006-2021 on deposit for public consultation. From that date, and in accordance with the Council’s resolution, it was taken into account in development control decisions. On the 30th November 2009, following consideration of the responses to consultation, the submission draft was submitted to the Welsh Assembly Government for examination. However, in the light of the significant reservations expressed at an Exploratory Meeting by the Inspectors appointed to carry out the examination and their recommendation that the Local Development Plan be with drawn from the examination, the Council duly withdrew the LDP on the 12 April 2010. Unless a draft policy or proposal is a material consideration it should not be taken into account when making decisions: it is strictly irrelevant and if it is given weight in reaching a decision, that decision may be successfully quashed in the High Court. In the general run of cases the withdrawn Local Development Plan will not be a material consideration. If there is an issue in relation to which the withdrawn LDP is relevant, officers will advise the Committee specifically. Otherwise it should not be taken into account. Since the deposited UDP has not been abandoned, its policies and proposals may be a material consideration in a given case, but the weight which can be attached to the

UDP, and any statement of policy including the statutory Development Plan should be determined in the light of the following principal considerations:-

• The degree to which later statements of national policy and the Wales Spatial Plan make the policy out of date and suggest a decision should be taken otherwise than in accordance with it;

• The degree to which the policy is out of date for any other reason; • The level and nature of any objection to a UDP or other draft policy.

Table 1.1: Existing Development Plans covering the Cardiff County Area Cardiff County Area Cardiff Deposit Unitary Development Plan (to 2016)

The Plan was placed on deposit in October 2003 and agreement was reached with Welsh Assembly Government in May 2005 to cease work on the plan and commence work on a new Local Development Plan.

City of Cardiff Area (part of the County of South Glamorgan until April 1996) South Glamorgan (Cardiff Area) Replacement Structure plan 1991- 2011

Adopted April 1997

City of Cardiff Local Plan (including Waste Policies)

Adopted January 1996

South Glamorgan (Cardiff Area) Minerals Local Plan

Adopted June 1997

Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan incorporating Proposed Alterations No. 1

Approved September 1989

Mid Glamorgan Replacement Structure Plan

Modifications to the Plan including recommendations of the EIP Panel approved by Mid Glamorgan County Council in January 1996 but not adopted in respect of the Pentyrch Community Area.

Glamorgan County Development Plan (Area No. 2)

Approved March 1963

Mid Glamorgan Minerals Local Plan for Limestone Quarrying

In June 1996 Cardiff County Council resolved to approve the Plan as modified by the Inspector’s Report, for development control and other planning purposes, but the Plan was not adopted in respect of the Pentyrch Community Area.

PLANNING COMMITTEE 11 July 2012

Page No. App No. Location Description Decision Officer

1 11/02053/DCI 97-99 ALBANY ROAD & 1A ANGUS STREET, ROATH, CARDIFF, CF24 3LP

DEMOLITION OF EXISTING A1 RETAIL UNIT + FLATS ON UPPER FLOORS CREATION OF NEW MIXED DEVELOPMENT OF A1 CONVENIENCE STORE SHELL WITH 3 FLATS ON UPPER FLOORS

106 RJC

23 12/00280/DCI 27 RHIGOS GARDENS, CATHAYS, CARDIFF, CF24 4LS

GROUND FLOOR REAR EXTENSION AND CONVERSION TO 4 FLATS

PER OGR

37 12/00380/DCI PART OF LAND AT, SCHOONER WAY, ATLANTIC WHARF

PROPOSED CONSTRUCTION OF CRECHE AND CAFE 106 LAD

54 12/00616/DCI 96-102 CLIFTON STREET, ADAMSDOWN, CARDIFF, CF24 1LU

10 FLATS AT FIRST FLOOR AND REVISED GROUND FLOOR LAYOUT TO SHOP UNITS AND SHOPFRONTS

106 OJF

66 12/00633/DCI LAND OFF MAY STREET, CATHAYS, CARDIFF

SIX NO. 5 BEDROOM RESIDENTIAL UNITS FOR STUDENT ACCOMODATION

106 LAD

PLANNING COMMITTEE 11/07/2012 Page No. App No. Location Description Decision Officer

79

12/00537/DCH 3 CRANBOURNE WAY, PONTPRENNAU, CARDIFF, CF23 8SL

RETENTION OF DEMOLITION OF EXISTING GARAGE WITH PART FIRST FLOOR AND PART TWO STOREY SIDE EXTENSION INCLUDING SINGLE STOREY REAR EXTENSION

STV OGR

89

12/00605/DCH 10 TOWY ROAD, LLANISHEN, CARDIFF, CF14 0NS

2 STOREY SIDE/FRONT EXTENSION WITH JULIET BALCONY AND SINGLE STOREY REAR + FRONT EXTENSION

REF HMW

PLANNING COMMITTEE - 11th July, 2012

Page No. App No. Location Description Decision Officer

98 11/1749/DCO FORMER DAIRY SITE & FORMER AMANTE CAR SHOWROOM, NEWPORT ROAD, PENYLAN, CARDIFF, CF23 9YG

REDEVELOPMENT OF EXISTING BROWNFIELD SITE TO PROVIDE CLASS A1 FOODSTORE PETROL FILLING STATION CAR PARKING ASSOCIATED SERVICING LANDSCAPING AND NEW ACCESS AND HIGHWAY ARRANGEMENT

106 APB

128 12/137/DCO LAND AT 17, AEL-Y-BRYN, RADYR, CARDIFF, CF15 8AZ

PROPOSED SPLIT LEVEL 3 BEDROOM DETACHED DWELLING ON A VACANT PLOT.

PER JH

149 12/438/DCO FORMER TY GWYN SPECIAL SCHOOL, TY-GWYN ROAD, PENYLAN, CARDIFF, CF23 5JG

APPLICATION FOR APPROVAL OF RESERVED MATTERS (OUTLINE APPLICATION 11/00150/DCO) IN RESPECT OF RESIDENTIAL DEVELOPMENT FOR 23 NO. 3, 4 AND 5 BED HOMES WITH ASSOCIATED PARKING, HIGHWAYS AND LANDSCAPING

PERU JH

167 12/641/DCO UNIVERSITY OF WALES INSTITUTE CARDIFF LLANDAFF CAMPUS, 200 WESTERN AVENUE, LLANDAFF, CARDIFF, CF5 2YB

DEMOLITION OF EXISTING SINGLE STOREY BUILDING KNOWN AS B BLOCK AND CONSTRUCTION OF NEW 4 STOREY BUILDING FOR CARDIFF SCHOOL OF ART & DESIGN AT THE LLANDAFF CAMPUS

106 TW

193 12/642/DCO UNIVERSITY OF WALES INSTITUTE CARDIFF LLANDAFF CAMPUS, 200 WESTERN AVENUE, LLANDAFF, CARDIFF, CF5 2YB

DEMOLITION OF EXISTING SINGLE STOREY BUILDING KNOWN AS B BLOCK

PERU TW

12/797/DCO ST PETERS RFC, MINSTER ROAD, ROATH, CARDIFF, CF23 5AS

VARIATION OF CONDITION OF PLANNING PERMISSION 04/01669/E TO ALLOW EXTENSION OF OPENING HOURS TO 09:00 - 22:00 MONDAY TO THURSDAY 09:00 23:00 FRIDAY AND SATURDAY AND 09:00 AND 22:30 SUNDAY.

PERU TW

207 12/804/DCO CAPITAL RETAIL PARK, LECKWITH ROAD, LECKWITH

VARIATION OF CONDITION 39 OF PLANNING PERMISSION 02/02679/R SUBSEQUENTLY AMENDED BY PLANNING PERMISSION 11/00932/DCO TO ALLOW A SINGLE UNIT TO BE USED FOR THE SALE AND DISPLAY OF MEN'S AND WOMEN'S FASHION CLOTHING FOOTWEAR AND ACCESSORIES.

PERU JH

PETITION FORMER LOCAL MEMBER & AM OBJECTION

COMMITTEE DATE: 11/07/2012 APPLICATION No. 11/02053/DCI APPLICATION DATE: 07/12/2011 ED: PLASNEWYDD APP: TYPE: Full Planning Permission APPLICANT: Tudor Jenkins (Properties) Ltd LOCATION: 97-99 ALBANY ROAD & 1A ANGUS STREET, ROATH,

CARDIFF, CF24 3LP PROPOSAL: DEMOLITION OF EXISTING A1 RETAIL UNIT + FLATS ON

UPPER FLOORS CREATION OF NEW MIXED DEVELOPMENT OF A1 CONVENIENCE STORE SHELL WITH 3 FLATS ON UPPER FLOORS

___________________________________________________________________ RECOMMENDATION 1: That, subject to interested parties entering into a binding legal agreement under SECTION 106 of the Town and Country Planning Act to cover those items indicated at S9 of this report, Planning Permission be GRANTED subject to the following conditions 1. C01 Statutory Time Limit 2. This Planning permission relates to the application as amended by the

revised plans received 22/06/2012 clarifying the articulation of the building elevations attached to and forming part of this planning application and to the additional information contained in the Service Management Agreement received on the 17

th May 2012. Reason: The plans and documents amend and form part of the

application. 3. Notwithstanding the submitted details, the development shall be

finished in accordance with a schedule of finishes and samples of materials which shall first have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details prior to beneficial use. Reason: To ensure that the finished appearance of the development is in keeping with the area and completed in a timely manner.

4. No development shall take place until a scheme showing the

architectural detailing of the fenestration has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented as approved.

1

Reason: To ensure a satisfactory finished appearance to the development and approval of minor unresolved detail.

5. The development shall be provided with a scheme of sound insulation

works to all party floor/ceilings and party walls in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the Local Planning Authority. The works shall be completed in accordance with the approved details prior to beneficial use. Reason: To ensure that the amenities of occupiers of the residential accommodation approved, and amenities of neighbouring adjoining occupiers/users are protected.

6. No member of the public shall be admitted to or be allowed to remain in

the retail / ancillary areas of the building between the hours of 23.00 and 07.00 on any day. Reason: To ensure that the amenity of residential tenants / occupiers of other premises in the vicinity are protected.

7. Prior to any demolition works commencing, full details of the

permanent making good of the southern elevation of 1 Angus Street and of the temporary means of protection of the eastern elevation of 95 Albany Road, shall be submitted to and approved in writing by the Local Planning Authority and, unless specifically agreed otherwise by the Local Planning Authority, shall be completed in accordance with the approved details immediately after the demolitions of the relevant adjacent buildings have been undertaken. Reason: To ensure for the timely making good and protection of those premises and in the interests of visual amenity.

8. The cycle parking spaces and enclosure shown on the approved plans

shall be provided prior to the development being brought into beneficial use in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the Local Planning Authority and thereafter shall be maintained and shall not be used for any purpose other than the parking of cycles. Reason: To ensure that adequate provision / opportunity is made for sustainable modes of transport and to ensure that the proposed development does not interfere with the safety and free flow of pedestrians passing along the highway.

9. If at any time the use of the premises is to involve the preparation and

cooking of hot food or bake-off activities all fumes from the food cooking/preparation areas shall be mechanically extracted to a point to be agreed with the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter; No cooking or bake off activities shall take place until such time as details of the above equipment has been submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of cooking/baking of food. The equipment shall

2

thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

10. C1J CFSH - Stan Overarch Con Post 11/12/10 11. C1K CFSH - Pre-ComCon Post 11/12/10 12. C1L CFSH - Post Construc Con Post 11/12/10 13. H7G Plant Noise 14. All commercial waste/recycling is to be stored in the property other

than at times designated by the Local Authority for collection. Reason: To ensure refuse and recycling waste is stored and managed

appropriately in the interests of public health and free passage of pedestrians and vehicles along the highway.

15. All domestic waste/recycling is to be stored within the

property/domestic waste enclosure, other than at times designated by the Local Authority for collection. Reason: To ensure refuse and recycling waste is stored and managed appropriately in the interests of public health and free passage of pedestrians and vehicles along the highway.

16. No development shall take place until comprehensive proposals

showing how foul and surface water flows from the site will be dealt with have been submitted to and approved by the Local Planning Authority. Reason: To ensure that sustainable urban drainage techniques are employed where appropriate.

17. The refuse and recycling enclosure and domestic waste and recycling

bins on the approved plans shall be provided prior to the development being brought into beneficial use in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the Local Planning Authority and thereafter shall be maintained and shall not be used for any purpose other than the storage of domestic waste and recycling material.. Reason: To ensure that adequate provision / opportunity is made for sustainable waste management and to ensure that the proposed development does not interfere with the safety and free flow of pedestrians passing along the highway.

18. Prior to commencement of demolition/development a scheme of

de/construction management shall be submitted to and approved in writing by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing and dust

3

suppression facilities. The demolition/development construction shall thereafter be managed strictly in accordance with the scheme approved.

Reason: In the interests of highway safety and public amenity. 19. No doors or windows in the development shall open over the adopted

highway. Reason: In the interests of highway safety. RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils,

aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being

contaminated or potentially contaminated by chemical or radioactive substances.

• Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the

developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on

4

Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: All development shall take place solely on the applicants land and shall not encroach onto adjoining land without the express consent of the relevant land owner.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 This application was first presented to Planning Committee on 13th June 2012

but determination of the application was deferred for the purpose of a Committee Site Inspection which took place on the 4th July 2012. Changes to the text of the report since its first presentation are highlighted in bold.

There is no change to the recommendation of the report since its first

presentation. 1.2 The proposal is for the demolition of 97-99 Albany Road and its detached two

storey rear workshop (1A Angus St.) and its replacement with a new build mixed use development comprising 403 m2 of retail store on ground and part first floor level (net trading area of 268m2 at ground floor level) together with three no. 3 bed flats on part first and second floor levels.

1.3 The proposals represent an increase of 190m2 of retail trading area and

196m2 of operational/storage space and one additional flat unit.

2. DESCRIPTION OF SITE 2.1 As existing, the site comprises a principal mixed use retail (shoe shop) with

flats above and to the rear, in a corner property with substantial two storey extension to rear, located at the junction of Albany Road and Angus Street in the Albany Rd District Centre; together with a detached two storey annexe building abutting the first residential property in Angus St. which has historically been used as an ancillary workshop (1A Angus St.).

2.2 The site is bounded by another mixed use retail/residential property to the

west and further retail premises to the east on the opposite corner of Angus St.

2.3 All properties in the shopping terrace are three storey with accommodation in

the roof space, the application premises, incorporating one of the two corner end of terrace premises, presents a larger first floor Gable projection to Albany Rd than those in the mid section of the terrace (which present smaller gables with a domestic scale projecting bay windows under).

2.4 Most properties in the terrace have modern shop fronts to pavement level, but

it is noted that the application premises retains a shop front of more traditional appearance. (The shop front is a large pane metal / timber glazed shop front

5

with traditional blinds). The shop front is seen in the context of snecked brown stonework with red brickwork banding above to its forward part, giving way to extensive render work at the rear and to the annexe buildings.

2.5 The property is not Listed nor is it located within a conservation area. 2.6 The first adjoining residential properties in Angus St are likely post war infill;

being a two storey residential terrace in red brickwork with projecting landscape bay windows with a canopy porch access formed under a continuous canted roof projection. Properties on the Opposite side of Angus St. are more traditional two storey terraced cottage houses common to the Roath area.

3. SITE HISTORY

3.1 Planning permission was granted for the use of the premises for A2 purposes

(professional services with display windows) in 1998 but this would not appear to have been implemented.

4. POLICY FRAMEWORK 4.1 Cardiff Unitary Development Plan Deposit Written Statement Oct. 2003.

Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.26: Provision for Open Space, Recreation and Leisure Policy 2.34: Retail Development Policy 2.36: District and Local Centres Policy 2.55: Public Realm Improvements Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development

4.2 Cardiff Local Plan Policies Policy 11: Design and Aesthetic Quality Policy 12: Energy Efficient Design Policy 17: Parking and Servicing Facilities Policy 18: Provision for Cyclists Policy 20: Provision for Special Needs Groups Policy 31: Residential Open Space Requirements Policy 49: District and Local Centres

4.3 SPG: Access Circulation and Parking Jan 2010 Developer Contributions for Transport Jan 2010 Open Space – Mar 2008/May 2011 Shop Fronts and Signs Oct 2011

6

Waste Collection and Storage Facilities Mar 2007 5. INTERNAL CONSULTEE RESPONSES

5.1 Transportation Officer: The Transportation Officer is accepting of 8 residential cycle spaces (to be

under cover and secure) and notes an intention to install further external cycle parking which would be viewed on its merits.

In respect management of the size of delivery vehicles and loading activities, whilst he would agree with a rational of attempting to control such activities, and would support the principle of the approach, in practical terms there would be little or nothing the Highway Authority could do to assist in the enforcement of such a condition. He agrees to a condition/undertaking requiring the submission of a scheme of highway improvements to the footways adjacent to the site, to be submitted prior to commencement and completed prior to beneficial occupation, being acceptable. He would also seek an additional condition such that no doors or ground floor windows shall open outwards over the highway; in the interests of pedestrian safety.

5.2 Policy/Regeneration Officer: No land Use Policy Objection,

However the public realm immediately outside and in the vicinity of the application site is of a poor quality and consists of a mixture of paving materials, including black macadam and block paving which is worn and broken in places. Street furniture in the form of litter bins, cycle stands and bollards are also poor quality. The intensification of use associated with this proposal and in particular the increase in pedestrian activity associated with residents and shoppers arriving / leaving the property throughout the day and evening will impact on the use of the public realm in the vicinity of the site.

Subject to the application being acceptable in all other respects, the applicant is requested to provide a financial contribution of £35,000 toward public realm improvements in the vicinity of the site.

This request has been considered against statutory tests and is considered:

(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

7

5.3 Pollution Control Officer: Noise Recommends conditions in respect of sound insulation, opening hours (07:00-

23.00), delivery hours (8am-8pm Mon-Sat and 10am-4pm on Sundays), and plant noise. In response to the submission of the service management plan, the officer welcomes the proposal to service the shop from Albany Road only, but would wish to maintain the delivery hours requested above.

5.4 Air Pollution

No comments 5.5 Contaminated Land Recommends Advisory R4 (Contaminated Land) 5.6 Culture, Leisure and Parks Officer:

Having looked at the proposals the increase in residential units is minimal (One additional apartment) and therefore Parks will not require a POS contribution for this development.

5.7 Highways Officer - Waste Management

The demolition plan should maximise the opportunities for re-use and recycling of materials and demonstrate how off-site disposal of waste will be minimised and managed. The refuse storage, for the domestic part of this development, should provide: • 1x 660 litre bin for general waste

• 1 x 660 litre bin for recycling

• 1 x 240 litre bin for food waste

For the commercial element, it is suggested that a further 2 x 1100 litre bins (as a minimum) would be required. The Waste Management Officer has been notified of amended plans and further observations will be reported at Committee.

5.8 Highways Officer - Drainage It would appear that there will be an increase in hard areas and consequent

run off from the completed development but there would not appear to be any scope for the use of infiltration type drainage techniques although it may be possible to utilise other forms of SUDS to reduce peak flows. A drainage condition is therefore recommended, and Dwr Cymru Welsh Water consulted.

8

6. EXTERNAL CONSULTEE RESPONSES 6.1 Welsh Water

Have provided a standard response in respect of foul, surface and land drainage run off and advised of the location of a sewer to the rear of the site. The developer has been in separate dialogue with Welsh Water about these issues.

7. REPRESENTATIONS

7.1 Neighbours have been consulted and Local Members (former and current) have been advised of the application.

7.2 Letters of objection have been received from 20 local residents of Claude Rd,

Arran St, Arabella St, Kelvin Rd, Angus St, Oakfield St, Linnet Close, Croft St, Inverness Place, Dorchester Rd, Amesbury Rd, Nant y Wedal, Woodvale Ave, and Tulloch St, and from an undisclosed address in Cyncoed, and from an e-mail correspondent, Typically they comment that:

• There are too many 'convenience' supermarkets in the area as it is and

parking/traffic is a nightmare…the state of the roads is awful… there is no need for the store to be there. Priority should be given to local businesses. Albany Road and surrounding area cannot support this application…in short please stop granting planning permission to the likes of Tesco’s and Sainsbury’s when there is inadequate infrastructure to support them.

• That the exteriors of this building should be kept intact as not to disturb the

historical harmony of this Victorian area, that

• The use of render on the front elevation (instead of stone), destroying the symmetry with the other end unit by altering the shape of the front gable and creating a deeper fascia sign will adversely impact upon the appearance of the area,

• If this shop is a Sainsbury’s or some other such 'Express' shop then I fear

that parking on Angus Street will become a nightmare. It's not as if we need another food shop - we have two Tesco’s nearby as well as a number of other food outlets available.

• That this is a beautiful, original Victorian shop front – the only one on

Albany Road that still retains its original fittings / workings, and one which greatly adds to the character of the area,

• Where are delivery lorries going to park? At present all the traffic has to

stop at the other end of Albany Road, while the Tesco's lorry backs into Inverness Place, causing hold-ups in a very busy area. Meeks shop is

9

near the traffic lights, and similar problems will arise at what is already a congested junction.

• Loss of the diverse and boutique nature of the small locally owned shops.

7.3 A petition of 282 signatures opposing the application has been facilitated and submitted by Jenny Rathbone AM. The signatories have signed to confirm that they object to the application to…

“demolish the shoe shop at 97-99 Albany Road and replace it with a food retail outlet and increase the size of the flats above. We believe this will make traffic/rubbish problems worse in the surrounding streets and impact negatively on the character of Albany road”.

7.4 Jenny Rathbone AM objects to the development which she considers will bring the existing business on this premises to an abrupt halt and proposes to add yet another food chain supermarket to an area that is already over-provided with supermarkets. She also reports concern from her constituents regarding the proposal for a further supermarket on Albany Road; lack of parking; loss of daylight due to the height and proximity of the building; possible disturbance to satellite reception; the impact of construction work.

7.5 The former Leader of the Council and former Ward Member for Plasnewydd (Cllr Rodney Burman) objected to the application: I am writing to object to the above planning application which I believe should be turned down on various of grounds as follows: - I am very concerned that giving permission for the existing long-established buildings to be demolished and rebuilt is simply not sustainable and will leave the new building as one which will be out of keeping with neighbouring properties. This is the end property in a Victorian terrace fronting Albany Road, one of the prime district shopping centres in Cardiff. From the drawings submitted, it is clear that the new building will stick out like a sore thumb particularly at first floor level where the exterior finish will be quite different from that of neighbouring properties. This will destroy the uniformity of the frontage of this block at first floor level along Albany Road and will similarity be out of keeping in relation to neighbouring properties in Angus Street. - I am concerned that a completely inadequate level of amenity space is proposed to be provided for the first floor flats. This will leave nowhere for any future occupants to hang out washing or sufficient space to for them to store waste between collections. Residual waste is now only collected once a fortnight and occupants of these flats will need somewhere to store such waste between collections. It is unclear whether the small area provided on the ground floor will be available for use by the flats as well as by the convenience store. Occupants of the fiats will therefore likely have to keep such waste in their flats between collections or else they will inevitably put it out on the pavement for collection early meaning it will form an obstacle to pedestrians. This of course could leave them liable to enforcement action

10

from the council's waste management service which is why they should have an adequate external area within the boundary of the property where proper storage can be provided. The proposed area that is provided on the ground floor would not appear to be sufficient for both the proposed convenience store and the flats, nor would it seem to be sufficient to provide storage for all the different waste streams the council collects including dry recyclables, food waste and compostable waste other than food waste, in addition to residual waste. - I am concerned that the proposed layout of the flats shows that this part of what is proposed may constitute overdevelopment. The bedrooms appear to be small suggesting that too many have been crammed into the space available on the first floor. I have concerns these flats will not therefore be able to provide a quality living environment. I understand that the owner has to redevelop the property in order to activate a clause in the lease of the current tenant, A G Meek, in order to get him out. That would be a terrible shame and would not be welcomed in the local community given that A G Meek is a local family-owned business about to celebrate its centenary at this location. I do not think there is any need for this site to be redeveloped and would hope that the council's planning committee would agree and reject this application.

8. ANALYSIS

Design

8.1 Further to pre-application discussions with the Planning Officer, an initial contemporary proposal was rejected in favour of a building design better reflecting the traditional surrounding streetscape. It was explained to the agent that, although the area had no designated conservation status, it did have a local character which was likely contributory to its continued vibrancy and success, and which it was considered desirable to maintain. The agent has made significant amendments to the scheme to arrive at the present proposal, and this is welcomed.

Further to dialogue at last Planning Committee, the agent has submitted

further amended drawings which seek to further overcome some comments regarding the architectural detailing and articulation of the new building. These amendments would likely have been bourne from discussion/negotiation in respect of the discharge of an architectural detailing condition, but further clarification and simplification of the design is welcomed prior to determination of the application.

8.2 The building’s design draws on the surrounding area and retains the more

prominent gable presentation to Albany Road, replicating and reflecting the slightly elevated ridge height and projection of the existing, and that mirrored at the other end of the terrace. This also compliments the other corner property on the opposite side of Angus St. The dimension of the Gable

11

presentation is not an exact replication, but is very near, and it would be unlikely that a view of the whole terrace could be obtained to perceive any variation of symmetry. The further amended plans indicate revisions to the property frontage which compliment the proportion of the smaller gable presentation and bay elsewhere along he terrace and modification of the larger gable to empathise with those surrounding, but in a modern idiom. All of these changes are viewed positively.

8.3 The shopping frontage presentation to the back of pavement is continued.

The first floor elevation is set back in line with adjacent first floor bay windows and retains a small gable projection similar to those adjacent in respect of ensuring for the continuity of the design of the terrace. The shopfront extends around the return to Angus St. as at present, but improves the presentation to Angus St by providing a more rational/intentional arrangement of upper gables and rationalised window arrangement to the rear of the building than that offered by the flat roofed rendered two storey projection currently.

8.4 The palette of materials proposed reflects that in the immediate area, utilising

riven roof slates, stone, and a sympathetic coloured render which is considered an improvement on that existing. The agent has also been encouraged to use reclaimed material from the original building where possible, but this will be dependant on its adequacy following demolition. Ultimately however, finishes can be controlled by planning condition, as recommended.

8.5 The three proposed flats would have floor areas of 83 (896); 81 (871) and 81

(871) sq m / (sq. ft.) and would each comprise a combined kitchen/lounge, 3 bedrooms, a w.c.; and a bathroom with wc and whb. It is likely that the accommodation will be marketed to students, but there is no reason why the units could not be marketed to couples or as family accommodation with bedrooms being utilised for alternative living space. Historic Merit.

8.6 As with many properties along Albany Rd the premises are Victorian in origin, but the later residential build and two storey rendered annexe suggests that they may have been subject to some war damage, and because of substantial modification would not meet the criteria to be recognised as being so nationally significant as to merit listing.

8.7 Albany Road is not designated as a conservation area and, although it is

accepted that the front portion of the property might be viewed as attractive/of its time by some, the building does not benefit from any protected status. Sustainability

8.8 The question has been asked of the agent as to why the existing building has to be demolished in favour of new build; and the answer returned that the existing construction is dated and does not provide for the level, quality or arrangement of accommodation desired by the applicant.

12

8.9 The residential units proposed will be constructed to code level 3 in line with

WG requirements, and a code level pre-assessment submitted with the application suggests this is achievable with a rating of 57, and 3 credits under ene1.

8.10 As a new build, the building will achieve a higher level of sustainability than

the existing structure currently offers and will be subject to full building regulations approvals. Residential Amenity

8.11 Currently the existing two storey rendered annexe building used as a shoe repair workshop and key cutting facility ancillary to the main retail use physically abuts the side of 1 Angus Street. This provides for a poor relationship between the buildings, especially in respect of the ground floor front bay, and ground floor rear elevation window of No. 1. due to the projection of the workshop.

8.12 The proposals seek to address this and detach the bulk of the new

development from 1 Angus St by means of a recessed single storey ground floor footprint, a gap of 6.1m at first floor level and 7.6m at second floor height. This is considered preferable to the existing arrangement and also preferable to the situation opposite between 102 Albany Rd and No. 2 Angus St where only some 3.1m detachment exists.

8.13 The development can allow for the making good of the current interface

between the two buildings by means of planning condition.

8.14 The window design to the rear flat within the development is also of an angle design (single sided oriel) to overcome any overlooking of rear amenity areas. This is welcomed.

8.15 In respect of concerns over the scale and height of the development. As

stated, the forward roof form of the building will be no different to that existing. 8.16 The ridge height of the mid-section of the building to Angus Street will be 4m

higher than the existing 2 storey flat roofed extension existing presently (6m flat roof to 8m eaves/11m ridge) but this would be offset by the removal of the two storey workshop building. As nearly the whole of the plot of No. 95 Albany Road is occupied by a continuous single storey extension, it is not considered that the replacement building would greatly impact on the living environment of residential or commercial operators further west along Albany Road; and would likely improve the relationship with 1 Angus Street, as above.

The ridge height of the proposed building is not significantly different to that of

surrounding development. The further amended plans also seek to calm the Angus St.

13

presentation, by replacing a rather complex diamond and triangle glazing arrangement to two gables, with a more traditional square shaped glazing subdivision of a principal gable, and three smaller gables of more traditional Victorian apex. These further amendments are viewed positively. Provision for Open Space, Recreation and Leisure

8.17 The Culture Leisure and Parks Officer has assessed the proposals and on the basis of there being only one additional flat unit does not require any contribution to the maintenance of parkland in the local area.

8.18 The development does not provide for substantially more accommodation than that provided currently, and occupants would be well served in terms of leisure facilities and parkland in the local area.

8.19 Although the proposed residential accommodation does not benefit from any

private amenity space, this is not inconsistent with other upper floor flat accommodation in the area, or the existing flats on the site. Retail Development / District and Local Centres

8.20 Policy 2.36 of the Deposit UDP favours retail and other commercial development, housing and community facilities in district and local centres, subject to proposals being of a scale appropriate to the particular centre; and residential uses being favoured above ground floor level.

8.21 The proposals will increase the level of retail floor space within the district centre by some 190m3 but in a manner contained in a building of, externally, very much traditional and local proportion, and tiered down and detached from properties in the adjacent side street in a respectful manner. The proposals also include for residential uses at upper floor levels and are therefore considered acceptable in policy terms.

8.22 The Planning Officer is aware of local unrest regarding the potential loss of the historic tenant AG Meek and further to this their potential replacement with a larger scale retail operator. A number of individuals, AMs and the local member has indicated this as a reason to resist the development, but have been advised that the planning system is not an appropriate vehicle to attempt to manage leasehold or tenancy agreement between freeholders and leaseholders or to restrict any A1 retail land use to any particular operator.

8.23 Planning policy has not and does not involve itself in competition, and currently there are no planning policies to protect small businesses in district centres or other areas.

8.24 However, additionally, in respect of this application, it should be noted that the

proposal, although increasing the net retail sales area of the building to a total of 268m2 over the area of two units, that this is not inconsistent with other extended retail premises in the area, e.g. 47/49, 81/83, 77/79 Albany Road,

14

and does not involve the combination of multiple units to realise relatively disproportionately larger superstores as has occurred elsewhere, e.g. 11-17, 51-57, 61-67 Albany Road. In this respect, whether operated by an independent business, local, or national chain, the unit size is not considered excessive in terms of retail trading area. Public Realm Improvements

8.25 The development Control Officer was concerned that the demolition and new build proposals would damage the already arguably substandard quality footway in the immediate area.

8.26 The regeneration officer has asked for a commuted payment of £35,000 to address public realm improvements in the area against extant planning policy and draft SPG and in line with the receipt of other contributions in other district centres.

8.27 The applicant’s agent has questioned the amount of the payment against the viability of the scheme, and asked for a breakdown of costs and identification of where and on what the monies would be spent. The regeneration officer has confirmed that the amount of contribution requested is based on an assessment of the impact of the development proposed, and the needs of the relevant centre, and that no single calculation or formulae are used. The applicant has been advised however that the monies would be spent within 150m of the site, and principally on highway improvements and street furniture.

8.28 The developer is obviously keen to ensure that any monies provided meet the standard tests and are relevant to planning, necessary and are reasonably proportionate to the development applied for, and will also be of benefit to his client as well as the area generally.

8.29 In the light of the above, the agent has suggested that the relaying of the footway surrounding the development is a reasonable improvement to request, and has provisionally costed such works to the value of circa £21,000. He has suggested that these works might also be undertaken as part of the principal contract rather than relying on the programme and ability of the local authority highways division to provide them.

8.30 This is not an unusual arrangement, as it is often to the benefit of all parties if Civils works are incorporated into the main contract provided they are completed to local authority standards which can be secured by planning/highways agreement. This is therefore considered acceptable and can be secured by legal agreement.

Access, Circulation and Parking Requirements

8.31 Albany Road hopefully operates as much as a ‘walk to’ local shopping destination as well as an established linear district centre. It is on a principal bus route, and is in easy cycling distance of a wider peripheral area. However

15

the Council is not oblivious to parking congestion in the area at peak times and evidently there will need to be a balance of shopper, commercial, operational and residential parking opportunities to allow such centres to operate and remain viable.

8.32 It is recognised that a number of the objections received relate to lack of

parking for shoppers, condition of roads, disruption caused by deliveries and vehicle and pedestrian conflict, especially when shops are serviced by 17m articulated or large tonnage delivery vehicles.

8.33 From observation, most junctions in the area are double yellow line, The

forelength of most side streets apart from Angus St. and Alfred St. have long term loading bays (currently designated for such uses between 7am and 5pm) and most continue to ‘resident only’ parking from early morning until evening. Albany Road itself has ‘limited waiting’ linear parking bays or kerbside parking for shoppers. Angus St is one of the few side streets with unrestricted parking at its forelength with Albany Rd.

8.34 In this regard, given the finite nature of the site, trading area, and operational

storage area (135m2), and the planning officer’s acknowledgement of difficulties caused by articulated vehicles having to reverse into side streets from Albany Road, which is a situation which should be further avoided if at all possible, it is not considered unreasonable for any operator to manage, as far as they are able, the scale of delivery vehicles and delivery times servicing their shops.

8.35 The highways officer has been asked to consider this under the legislative powers of the Highways Act and although supportive of the idea in principle would not be confident of the local highway authority’s ability to enforce such restrictions under highways provisions.

8.36 From a planning perspective however, it would not seem unreasonable to request the operator to develop and bind themselves to a service management plan (SMP) in agreement with the local planning authority. To this effect the operator has submitted a document which:

• Applies to all vehicles serving the convenience store, both operator direct

deliveries and third parties, and to all vehicles that have a length of more than 8m.

• The document provides that all deliveries will be undertaken from the kerbside from Albany Road only (as opposed to residential side roads) utilising vehicles of no greater length than 10.7m if articulated, or 9-10m ridged body between 06:00-09:00 Monday to Saturday and 07:00-09:00 on a Sunday.

• A typical daily delivery programme for a store of the size proposed is

envisaged to comprise 4 deliveries per day. One operator direct delivery, one direct milk, and 2 bread deliveries. The typical duration of stay for a direct depot delivery is 60 minutes, and for a direct milk and bread delivery

16

it is 5-10 minutes enabling the deliveries to be completed within a short timeframe.

• Drivers would take reasonable steps to minimise unnecessary noise

during delivery and refuse collection operations which would be a combined activities.

8.37 From the above, it is considered that the operator is making best efforts to

manage the servicing of the store to effect minimum disruption to all parties, and given the otherwise unmanaged loading opportunities in the area, this is welcomed.

8.38 The Transportation Officer’s comments in respect of cycle parking are noted. And the latest revised plans indicate 8 No domestic cycle parking spaces and an offer to provide an additional highway space as part of the main contract works. This is considered adequate in the given context and current facility of the site.

Air, Noise and Light Pollution

8.39 Provided that the building is provided with adequate sound insulation between all party walls and floors it is not considered likely that noise transmission between adjacent users will be problematic.

8.40 The Pollution Control Officer’s observations are noted in respect of delivery times, however, the Planning Officer is of a view that, overall, despite the earlier delivery window suggested, the SMP offered by the applicant/operator would appear to better provide for the amenity of occupiers in the residential side streets, and that those choosing to occupy residential property along the commercial frontage of Albany Rd. should be accepting of a certain increased level of activity commensurate with the operation of those uses, as apply to many properties within the city centre.

Restriction of deliveries between 06:00-09:00 Monday to Saturday and 07:00-09:00 on a Sunday is therefore considered reasonable within the context of the SMP offered by the applicant, which restricts deliveries to Albany Road only. Although such hours are more generous than those requested by the Pollution Control Officer, they would allow a more reasonable and practical opportunity for deliveries which may be coming some distance and, in the context of the otherwise unrestricted delivery hours applying to historic/established retailers in the area, the Service Management Plan Agreement is considered an improvement on the existing situation.

8.41 Any potential nuisances related to ancillary cooking or bake-off operations

associated with a retail use can be mitigated against by means of fume extraction condition.

17

Provision for Waste Management Facilities in Development

8.42 The waste management officer’s observations are noted as are the preferred waste receptacle arrangements advised within Supplementary planning guidance. However the developer’s proposed use of a greater number of smaller capacity domestic receptacles for domestic wastes is not objected to, provided they are screened behind an appropriate enclosure off of the highway. This can be controlled by condition.

8.43 Commercial waste (predominantly envisaged as packaging outers) is proposed to be stored inside the premises and collected by merchandise delivery vehicles on trolley cages as outlined in the service management plan.

8.44 There is therefore no reason for waste to be stored or presented to the highway for collection, other than on designated days of domestic refuse collection where domestic bins will need to be accessed from Angus St. The arrangements are therefore considered acceptable and can be controlled by condition.

8.45 Should any operator wish to use Local authority or private waste carrier services, there is considered adequate space within the building to store large scale receptacles if required.

9. LEGAL AGREEMENT

9.1 For clarity, this proposal is only considered acceptable subject to the developer entering into a binding legal agreement with the local authority under S106 of the Town and Country Planning Act to ensure for:

• The undertaking of a scheme of highway improvement works to include

the reinstatement/renewal of the footway to the perimeter of the site, re-kerbing, street furniture, and all relevant utilities to the satisfaction of the local authority and prior to the beneficial use of the retail store approved.

• The agreement of the operator to service the property in accord with the

terms of the submitted Service Management Plan (SMP) 10. CONCLUSION

10.1 That Planning permission be granted subject to the signing of the legal

agreement indicated in S9 of this report and subject to planning conditions as recommended.

18

19

LIFT

RETAIL

268 sqm [2,885 sqf]

SHOP FRONTS TO BE

INSTALLED BY TENANT

BINS / CYCLES

BB

CC

AA

BB

CC

AA

SHAFT

RE

TA

IL

S

TA

IR

SR

ES

ID

EN

TIA

L S

TA

IR

S

Flr-soffit

3320mm

Flr-beam

min 2800mm

Flr-soffit

3320mm

Flr-beam

min 2800mm

customer cycle

C6

C7 C8

C4 C3 C2 C1C5

RETAIL BACK-UP

135 sqm [1,453 sq ft]

LIVINGBED

WC

BATH

FLAT ROOF

FLAT ROOF

FLAT ROOF

duct riser

over

LIFT

SHAFT

MOTOR

750X750mm

opening in 1st floor slab

Flr-soffit

2620mm

Flr-beam

min 2300mm

KITCHEN

LIVING

BATH

WC

BED

BEDBED

LIVING

BED

WC

BATH

BED

BED

ROOF

WELL

FLAT ROOF

FLAT ROOF

FLAT ROOF

FLAT ROOF

plant

riser

FLAT ROOF

FLAT ROOF

FLAT ROOF

FLAT ROOF

FLAT ROOF

FLAT ROOF

rail

ladder

plant

riser

FLAT ROOF

Dwg NoJob No

Dwg TitleProject

Date Scale

Checked

By:-

Drawn

By:-

@A

3@

A1

© 2012 Inspire

Design Ltd

insp

red

es

ig

n

Mo

rg

an

sto

wn

, C

ard

iff

CF

15

8

LW

.

PR

OP

OS

ED

M

IX

ED

D

EV

EL

OP

ME

NT

, A

LB

AN

Y R

D, C

AR

DIF

F

PR

OP

OS

ED

F

LO

OR

P

LA

NS

11

12

13

AL

10

K

28.09.11

1:100

1:200

PROPOSED GROUND PROPOSED FIRST PROPOSED SECOND PROPOSED ROOF

STUDENT ACCOMMODATION

Unit Type Size sqm (sqft) Number

3 BED 83.25 (896) 1

3 BED 80.99 (871) 2

Total: 3

Revision

J: Cycles parking altered. Refuse increased. 20.03.12

K: Elevations altered. 22.06.12

20

95

ALBANY ROAD

AN

GU

S S

TR

EE

T

101

Dwg NoJob No

Dwg TitleProject

Date Scale

Checked

By:-

Drawn

By:-

@A

3@

A1

© 2012 Inspire

Design Ltd

insp

red

es

ig

n

Mo

rg

an

sto

wn

, C

ard

iff

CF

15

8

LW

.

PR

OP

OS

ED

M

IX

ED

D

EV

EL

OP

ME

NT

, A

LB

AN

Y R

D, C

AR

DIF

F

PR

OP

OS

ED

E

LE

VA

TIO

NS

+

S

EC

TIO

N

11

12

13

AL

12

D

28.09.11

1:100

1:200

NORTH ELEVATION (ALBANY ROAD)

WEST ELEVATION (ANGUS STREET)

SIDE ELEVATION (FROM No.95)

KEY PLAN (NTS)

SOUTH ELEVATION (REAR)

Revision

D: Elevations altered. 22.06.12

21

22

LOCAL MEMBER OBJECTION / PETITION COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/00280/DCI APPLICATION DATE: 13/03/2012 ED: CATHAYS APP: TYPE: Full Planning Permission APPLICANT: Dr Salih LOCATION: 27 RHIGOS GARDENS, CATHAYS, CARDIFF, CF24 4LS PROPOSAL: GROUND FLOOR REAR EXTENSION AND CONVERSION TO

4 FLATS ___________________________________________________________________

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

numbered ACA9/4/d, ACA9/5/b, ACA9/6/b and ACA9/10/c, attached to and forming part of this planning application.

Reason: The plans amend and form part of the application. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in side elevation of the extension facing 25 Rhigos Gardens. Reason: To ensure that the privacy of adjoining occupiers is protected. 4. C7S Details of Refuse Storage 5. C3S Cycle Parking 6. The materials to be used in the construction of the external surfaces of

the extension hereby permitted shall match those used on the existing building. Reason: To ensure the external materials harmonise with the existing building in the interests of the visual amenity of the area.

RECOMMENDATION 2: That the applicant be advised that no work should take place on or over the neighbour's land without the neighbour's express consent and this planning approval gives no such rights to undertake works on land outside the applicant’s ownership. RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority

23

takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils,

aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being

contaminated or potentially contaminated by chemical or radioactive substances.

• Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the

developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Planning permission is sought to convert an end of terrace dwelling in Rhigos

Gardens into 4 flats, along with a single-storey extension to the rear of the dwelling.

1.2 The proposed single-storey rear extension wraps around the property’s

existing two-storey rear annexe (see attached plan). The proposed extension is 5.3 metres wide and has a total length of 7.7 metres; it would project 3.5 metres beyond the rear of the existing annexe and is 3.6 metres in height to ridge with a hipped roof (2.4 metres to eaves). The extension would be finished in render with a slate roof.

1.3 The application as originally submitted included a rear dormer extension and

a larger flat roof single-storey extension. Officers expressed concern to the agent over the design of these extensions and amended plans were subsequently received illustrating the dormer extension removed from the application and the single-storey extension reduced in length and roof form

24

amended to a hipped roof. 1.4 The proposed development would provide 2 no. one-bedroom flats at ground

floor, a one-bedroom flat at first floor rear and a two-bedroom flat over first floor front and second floor. Each flat includes a shower room, combined lounge/kitchen area and bedroom. Access would be gained to each flat via a shared hallway from the existing front entrance of the dwelling and all residents would have access to the rear garden area, which would include 6 no. cycle stands and bin storage area.

2. DESCRIPTION OF SITE 2.1 The property is a traditional end of terrace dwelling located adjacent the

junction of Rhigos Gardens and Maindy Road. The property includes an enclosed front forecourt and rear garden. The rear garden is enclosed by a 1.8 metre high brick wall and fence and includes a detached brick-built garage that is accessible from Maindy Road. The dwelling has been extended with a conservatory on the side elevation adjacent Maindy Road.

2.2 Rhigos Gardens comprises of two rows of brick-built terrace properties facing

an attractive open grassed square lined with trees. Parking is provided for residents on-street around the square. A lane adjoins the terrace to the rear, which provides access to rear gardens/garages

3. SITE HISTORY 3.1 12/00016/DCH: Ground floor rear extension and rear dormer – withdrawn

29/02/12 4. POLICY FRAMEWORK 4.1 The site lies within an existing area of housing, as defined in the adopted City

of Cardiff Local Plan (January 1996). The following Local Plan policies are relevant:

(i) 11 (Design and Aesthetic Quality) (ii) 17 (Parking and Servicing Facilities) (iii) 18 (Provision for Cyclists) (iv) 28 (Subdivision of Residential Property)

4.2 The following policies of the Deposit Cardiff Unitary Development Plan

(October 2003) are relevant:

(i) 2.20 (Good Design) (ii) 2.22 (Subdivision of Residential Properties), (iii) 2.24 (Residential Amenity) (iv) 2.57 (Access, Circulation and Parking Requirements) (v) 2.74 (Provision of Waste Management Facilities in Development)

25

4.3 The following Supplementary Planning Guidance is relevant:

(i) Cardiff Residential Design Guide (March 2008), (ii) Householder Design Guide (March 2007) (iii) Access, Circulation and Parking Standards (January 2010) (iv) Waste Collection and Storage Facilities

5. INTERNAL CONSULTEE RESPONSES 5.1 The Operational Manager, Transportation, advises that in terms of parking

requirements the current dwelling would attract between 1 and 2 spaces; while the proposed conversion to 3 no. one-bedroom flats and 1 no. two-bedroom flat would attract between 2 and 5 parking spaces. The parking standards for the 2 uses therefore overlap at the upper level of the existing and lower level of the proposed. However, in considering the parking requirement the location of the site, similar precedent developments, and appeal decisions must also be taken into account. To which end it is noted that the site is in close proximity to the Crwys Road/Woodville Road district centre as well as the City Centre, with all the employment, shopping, entertainment, etc., opportunities such a location affords. The location is also within easy reach of bus public transport services on Cathays Terrace and Maindy Road, rail services at Cathays Station and is ideally located to take advantage of the cycle network and on road cycle facilities. The location of the site is therefore considered to be extremely sustainable in transportation terms. It must also be noted that a recent flat conversion/development at Teal Street, Roath, for 9 units was refused on parking grounds. The refusal was appealed and subsequently determined in favour of the applicant, with costs awarded against the Council.

For the above reasons, it is concluded that the site is sustainably located and policy compliant provided at least 6 no. secured cycle parking spaces are provided at the site and therefore any objection on parking grounds would be unsustainable, and any reason for refusal on that basis would not withstand challenge at Public Inquiry. Accordingly, the Transportation Service has no objection to the proposal subject to a condition ensuring at least 6 no. long-stay sheltered and secured cycle parking spaces are provided at the site.

5.2 The Operational Manager, Waste Management, advises that the identified

refuse storage area should be capable of accommodating 4x25 litre kerbside caddies, 4x140 litre bulk bins, a storage space for recycling bags, and should be accessible to all residents of the flats.

5.3 The Strategic Planning Manager, Pollution Control, request that an advisory

note relating to contamination and unstable land be included on any permission.

5.4 Welsh Water Dwr Cymru requested that conditions be imposed on any

permission to ensure that foul water and surface water is drained separately

26

from the site and that land drainage runoff shall not be discharged into the public sewerage system.

6. EXTERNAL CONSULTEE RESPONSES 6.1 Nil 7. REPRESENTATIONS 7.1 Neighbours have been consulted and letters of objection have been received

form the occupiers of Nos. 4, 5, 14, 23, 25, Rhigos Gardens, Nos. 31, 37, Maindy Road and No. 28 Pentyrch Street, raising the following concerns:

(i) The change in use to flats will not be in keeping with the character of

the street, which comprises of two and three bedroom family homes. (ii) The proposed development is an over intensive use of the existing

space and would jeopardise the build quality of the dwelling. (iii) The intensive use of the property as 4 flats would result in an

unacceptable increase in noise levels. (iv) The proposed rear extension would block out natural light to

neighbouring properties. (v) There are currently parking pressures in the area due to nearby student

accommodation and, following a petition by local residents, permit parking has been installed for parts of the street. The existing provision is aimed at family homes that have an average of one car per household, there is not enough parking provision to accommodate the proposed 4 flats.

(vi) The proposed extension would block sunlight to the rear facing kitchen window and garden of No. 25 Rhigos Gardens.

(vii) The proposed ground floor extension would overlook Nos. 31 & 37 Maindy Road and prejudice the privacy of the occupiers of these properties as well as that of the future occupiers of the flats

(viii) The development would set an unwelcome precedence in a locality which struggles to maintain a sense of community within a large student population. Providing more rented properties owned by landlords changes the balance of occupation between owners and tenants and ultimately leads to the deterioration of the area.

(ix) It seems unnecessary to create additional student accommodation at a time where student numbers are falling. There is no need for this type of accommodation, particularly as there are a large number of properties in Cathays uninhabited.

(x) Building on such a large area of garden could have implications on drainage.

(xi) No external fire escape has been shown for the proposed flats. 7.2 Jenny Rathbone, Assembly Member for Cardiff Central, advises that she has

been contacted by a constituent with concerns over the proposed development and she advises that residents have the following concerns:

27

(i) The extension will be intrusive and reduce light to the adjoining

properties and would be clearly visible at this location. (ii) The conversion into flats is overdevelopment and this kind of dense

housing has an impact on the local area in terms of rubbish collection, parking, noise etc.

(iii) The street still has a high proportion of permanent residents in an area that has faced challenges where many of the properties have been brought by landlords. Allowing a conversion into flats here would create a dangerous precedence that would change the nature of the local area.

(iv) The Council should make a strategic decision that Cathays needs a proportion of permanent residents and should promote residents’ interests rather than the interests of landlords as far as they can. The loss of family homes affects the viability of local schools, crime and even the sense of local community.

7.3 Councillor Elizabeth Clarke objects to the application for the following

reasons:

(i) The proposed development represents an overdevelopment of the site, it would turn a 3 bedroom family home into 4 flats which may have up to 8 people living there and there is little amenity space for each resident.

(ii) There are long running parking problems in Rhigos Gardens and the Maindy Road area and the proposed development would lead to serious further parking problems on the street.

(iii) It is understood that there is no precedent in Rhigos Gardens for any single storey extensions. At 3.5 metres from the house the proposed extension will be out of keeping with neighbouring properties and, as it is an end of terrace property, would be seen from the road.

(iv) The plans are unclear and do not clearly outline what space will be available for residents in the flats and in terms of safety, there does not appear to be a fire escape identified from the attic rooms.

(v) The proposed extension would result in loss of light the neighbouring property.

7.4 Councillors Sam Knight, Sarah Merry and Chris Weaver object to the

application on the following grounds:

(i) The size of the extension after amendment is still significant and will be intrusive and reduce light to adjoining properties.

(ii) There is a particular problem in Cathays with the number of residential homes being converted to HMO’s and flats – the high density of population that results from this has significant impact in terms of parking, rubbish, and noise. It affects the provision of Council services in Cathays with the Council having to put huge resources into street cleansing and rubbish collections. It has also affected the numbers on the rolls at local schools and consequently their funding, in the past their long term viability has been called into question causing anxiety

28

for families in the area. (iii) This small area of Cathays has already faced considerable pressure

from the development of flats built behind Maindy Road, resulting in lack of parking for residents.

(iv) The application is clearly overdevelopment and sets a detrimental precedent for the future.

(v) The Council needs to have a strategy for ensuring that Cathays retains a proportion of properties available for non-multi occupation households, and should put the interests of all residents, owner-occupiers and tenants, ahead of landlords as much as possible.

7.5 Former Councillors Simon Wakefield and Jon Aylwin object to the application

for the following reasons:

(i) The drawings are inadequate to allow for proper assessment of the proposed development.

(ii) The number of flats, and size of the proposed extension, represents an overdevelopment of the site.

(iii) The extension overlooks No. 25 and any windows in the side elevation facing this property should be glazing in obscure glass.

(iv) Four flats would result in 8 residents, all of which would be entitled to parking permits and there is only space for 1 car outside the property.

7.6 A petition including 61 signatures has been submitted by the occupier of No.

25 Rhigos Gardens objecting to the application on the following grounds:

(i) The ground floor extension is an overdevelopment that substantially increases the footprint of the dwelling and appears out of keeping with other dwellings in the area.

(ii) The extension substantially reduces the available garden space. (iii) The extension will be overbearing and greatly reduce the natural light

and visual outlook from immediate neighbours. (iv) The proposed development of 4 flats with 5 bedrooms has a possible

occupancy of 10 people. (v) An increase in tenants will bring further potential parking problems to

an already congested parking area. (vi) An increase in tenants will add greatly to the potential for increased

noise and disturbance.

8. ANALYSIS 8.1 Policy 28 of the Local Plan supports the subdivision of residential property to

self-contained flats subject to ‘appropriate provision for car parking, amenity space and refuse disposal together with appropriate external alterations’. Policy 2.22 of the UDP also supports such development provided that a) ‘the resulting residential accommodation and amenity will be satisfactory’; and b) the cumulative impact of such conversions will not adversely affect the amenity of the area’. The principle of converting the existing house into flats is therefore considered acceptable.

29

8.2 The proposed flats all have a floorpace of 30sqm or above, which meets the

minimum floorspace standards normally applied to this type of development, and all habitable rooms within the development include satisfactory outlook. The proposed development would retain more than 70sqm of shared external amenity space at the rear of the proposed extension, which would be accessible to all resident. Accordingly, it is considered that the proposed flats would offer acceptable living standards for future occupiers and does not constitute overdevelopment.

8.3 The proposed single-storey rear extension as originally submitted adjoined the

boundary with No. 25 Rhigos Gardens, projected 4.5 metres beyond the rear elevation of this neighbouring property, and had a 2.9 metre high flat roof. Officers expressed concern to the agent over the design of the extension and its impact on the neighbouring occupiers and amended plans have subsequently been received illustrating the extension set in 200mm from the boundary with No. 25, reduced in length to 3.5 metres adjacent this boundary, and its roof form altered to a hipped roof that has an eaves height of 2.4 metres adjacent the boundary with No. 25 and slopes up and away from the boundary to a ridge height of 3.2 metres.

8.4 It is considered that the proposed extension at a length of 3.5 metres and

eaves height of 2.4 metres adjacent the boundary with No. 25 would not have an unacceptable impact on the amenities of the neighbouring occupiers in terms of overshadowing or overbearing. The extension is located a significant distance from all other residential properties and would not prejudice the privacy of the neighbouring occupies.

8.5 The proposed extension, as amended, is subservient to the main dwelling and

incorporates a slate pitched roof, which is in keeping with the roof of the main dwelling and garage. The extension is subservient to the main dwelling and retains adequate rear gardens space. Accordingly, it is considered that the proposed extension would not have an adverse impact on the street scene and does not constitute an overdevelopment of the site.

8.6 The site plan submitted with the application indicates that a bin storage area

would be provided for residents of the flats within the enclosed rear garden of the property. The Operational Manager, Waste Management, is satisfied with this arrangement provided adequate facilities are provided, which can be secured by a condition (see condition 4).

8.7 The concerns raised in respect of parking are noted. However, following

consultation with the Operational Manager, Transportation, it is considered that, subject to a condition that ensures at least 6 long-stay cycle parking spaces are provided at the site, an objection to the proposal on parking grounds cannot be sustained (see paragraph 5.1).

8.8 The concerns over the need for additional flats, the loss of ‘family homes’ and

wider impact of such flat conversions on the area are noted. However, the Council’s current adopted planning policy supports the conversion of

30

residential properties into flats (see paragraph 8.1) and, given the fact that there are no consented flats on this street, it is considered that there is no policy grounds to object to the principle of conversion.

8.9 In terms of other concerns raised, not addressed above:

• There is no evidence to warrant a refusal on the grounds of pressure to Council Services.

• If a noise nuisance were to arise from the proposed flats it would be subject to normal statutory noise complaints procedures and controls which are covered by the Council’s Pollution Control Service.

• The submitted plans are considered sufficient to allow for proper assessment of the proposal.

• There are other properties in Rhigos Gardens that have single-storey rear extensions.

• The requirement to provide appropriate drainage from the proposed extension, and fire escapes within the building, are covered by Building Regulations.

• It is considered that, subject to appropriate conditions, the proposed development complies with adopted planning policy and, as such, approval of the application would not set an undesirable precedent.

8.10 In view of the above, it is recommended that planning permission be granted,

subject to conditions.

31

32

33

34

35

36

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/00380/DCI APPLICATION DATE: 06/03/2012 ED: BUTETOWN APP: TYPE: Full Planning Permission APPLICANT: Junction Canal Ltd LOCATION: PART OF LAND AT, SCHOONER WAY, ATLANTIC WHARF PROPOSAL: PROPOSED CONSTRUCTION OF CRECHE AND CAFE ___________________________________________________________________

RECOMMENDATION: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 5.4 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

numbered AL(01)01A, AL(01)02A attached to and forming part of this planning application.

Reason: The plans amend and form part of the application. 3. The premises shall be used only for the purposes specified in the

application (café/creche use) and for no other purpose (including any other purpose in Use Classes A3 and D1 of the Schedule to the T&CP (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order).

Reason: The use of the premises for other purposes within Use Classes A3 or D1 would be likely to detract from the amenities of nearby occupiers.

4. No member of the public shall be admitted to or allowed to remain on

the A3 premises (café) between the hours of 20.00 and 07:30 Monday to Saturday and 18:00 to 07:30 on Sunday. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

5. No member of the public shall be admitted to or allowed to remain on

the D1 premises (creche) between the hours of 18.00 and 07:30 Monday to Friday or at any time on Saturdays and Sundays. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

6. Samples of Materials: No development shall take place until samples of

the external finishing materials have been submitted to and approved

37

by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory finished appearance to the development.

7. No development shall take place until a scheme showing the

architectural detailing of the main elevations has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into beneficial use until the approved scheme is implemented.

Reason: To ensure a satisfactory finished appearance to the building. 8. C5A Construction of Site Enclosure 9. C3S Cycle Parking 10. E3D Retain Parking Within Site 11. C3Q Access Gradient - Highway Boundary 12. C3R No Access Gates 13. No part of the development hereby permitted shall be occupied until a

travel and traffic management plan to include, but not limited to, the promotion of public transport and other alternatives to the private car; and the management of traffic and use of the parking/drop-off; and the control of vehicular access to the site, has been submitted to and approved by the Local Planning Authority. Reason: in the interest of highway safety and to regulate the impact of the development on use of the adjacent highway.

14. Outward opening doors/windows condition: Doors and ground floor

windows are to be constructed and installed in such a way as to prevent them opening outward over the public footway.

Reason: In the interest of pedestrian safety. 15. No part of the development hereby permitted shall be occupied until a

scheme for the provision of an adoptable standard footway and tabled zebra crossing on Schooner Way adjacent to the site, to include improvement of the existing footway where required, has been submitted to and approval in writing by the Local Planning Authority. The scheme should include, but not be limited to, the construction of the proposed footway, zebra crossing and car park egress crossover, including as required: surfacing, kerbs, edging, highway drainage, the provision/renewal of street lighting, lining/signing and street furniture as may be required as a consequence of the development. The agreed scheme to be implemented to the satisfaction of the Local Planning Authority prior to beneficial occupation of the development. Reason: To facilitate access to the proposed development and provision of traffic calming to enhance road safety, and facilitate

38

completion of the existing discontinuous footway along this section of Schooner Way.

16. No part of the development hereby permitted shall be commenced until

a scheme of construction management has been submitted to and approved by the Local Planning Authority, to include details of site hoardings, site access and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved.

Reason: In the interests of highway safety and public amenity. 17. F4D Details of tree planting 18. The rating level of the noise emitted from fixed plant and equipment on

the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997 (or any British Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Unitary Development Plan and guidance contained within the adopted SPG Restaurants, Takeaways and other Food and Drink Uses (1996).

19. The extraction of all fumes from the food preparation areas shall be

mechanically extracted to a point to be agreed in writing by the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter. All equipment shall be so mounted and installed so as not to give rise to any noise nuisance. Details of the above equipment including the chimney shall be submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

20. C7S Details of Refuse Storage 21. C2N Drainage details 22. The developer shall provide a suitable grease trap to prevent entry into

the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents.

Reason: To protect the integrity of the public sewerage system. 23. No part of the development hereby permitted shall be commenced until

a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for

39

any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing.

Reason: To ensure that the safety of future occupiers is not prejudiced. 24. No part of the development hereby permitted shall be commenced until

a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority.

Reason: To ensure that the safety of future occupiers is not prejudiced. 25. Any topsoil [natural or manufactured],or subsoil, to be imported shall

be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority.

Reason: To ensure that the safety of future occupiers is not prejudiced. 26. Any aggregate (other than virgin quarry stone) or recycled aggregate

material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development

40

site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority.

Reason: To ensure that the safety of future occupiers is not prejudiced. 27. The building hereby permitted shall be constructed to achieve a

minimum ‘BREEAM’ overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

28. Construction of any building hereby permitted shall not begin until an

‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved.

Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

29. Prior to the occupation of the individual building hereby permitted, a

‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

RECOMMENDATION 2: The highway works condition and any other works to existing or proposed adopted public highway (to be undertaken by the developer) are to be subject to an agreement under Sections 38 and 278 Highways Act 1980 between the developer and Local Highway Authority. RECOMMENDATION 3: Should any part of the development necessitate the construction of a structure that will support the Highway, then in accordance with the Highways Act 1980 the developer is required to gain approval from the Highway Authority for that structure. This structural approval is in addition to other approvals that may be required by the development. Details of the ‘Structures Technical Approval’ process can be obtained from the Councils Bridge Management Section based at the Brindley Road Depot. RECOMMENDATION 4: The dock edge columns will still require ‘spot extinguishments’ where they impact the adopted footway, and the canopy will require a licence under S177 of the Highways Act 1980. RECOMMENDATION 5: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no

41

noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 6: CONTAMINATION AND UNSTABLE LAND ADVISORY NOTICE. The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for: (i) determining the extent and effects of such constraints; (ii) ensuring that any imported materials (including, topsoils, subsoils,

aggregrates and recycled or manufactured aggregrates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 7: That the applicant be made aware of the potential safety issues of a day nursery located adjacent to water.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 This application was deferred for a site visit at the 13th June Planning

Committee. 1.2 The detailed application is for the construction of a day nursery and café on

an area of vacant land adjacent to Bute East Dock in the Atlantic Wharf area. The day nursery could accommodate up to 66 children (toddlers and pre-school) and 13 staff.

42

1.3 The café occupies ground and first floors at the southern end of the building and the day nursery occupies the two levels at the northern end. The facilities function independently and are accessed from Schooner Way via split level entrances.

1.4 The ground floor of the café opens on to the Dockside walkway and there is a

curved ramp that wraps around the bullnosed southern end of the building and connects the Dockside to Schooner Way.

1.5 There is an outdoor play area immediately to the north of the day nursery

accessed from the dining room and beyond that a car park with 9 spaces for staff and drop-off and pick-up. Access to the car park is from the north via the existing car park serving the Schooner Way flats, egress is directly on to Schooner Way. 6 cycle spaces are provided. The majority of the car movements will be spread between 07.30 and 09.30 and 15.00 and 18.00

1.6 The building is 2 storeys in height set at the level of the Dockside walk in

order to afford direct access on to the walkway and effectively appears as a 1 ½ storey building when viewed from Schooner Way. It is approximately 8.0m high and has a flat sedum roof.

1.7 It takes the form of a long low pavillion with a prominent bull-nosed southern

end and striking elevational treatment that draws on the predominantly brick form of the majority of adjacent buildings linked by mainly black contrasting flat steel cladding. Areas of highly coloured cladding pick out window and door openings and provide relief.

1.8 In common with other buildings along the dockside part of the first floor will

extend over the walkway in the form of a steel balcony which returns around the end of the building forming a canopied entrance to the building from Schooner Way.

1.9 The building is fully DDA compliant. 1.10 Amended drawings have been received addressing concerns raised by

Highways over the curved ramp and columns impinging on to the Schooner Way adopted highway.

1.11 The building achieves a Code for Sustainable Homes Pre-Assessment Rating

of 60% for the day nursery and 57% for the café, which falls within the Level 3 category.

1.12 The following additional information is submitted:

• Design and Access Statement • Code for Sustainable Homes Pre-Assessment Report • Flood Consequences Assessment Report

43

2. DESCRIPTION OF SITE 2.1 The application site is a rectangular grassed area located between Schooner

Way, a residential distributor road, and the Bute East Dock, an area of water no longer used as part of the docks. Around the perimeter of the Dock is a public foot and cycle path. The area is primarily residential interspersed with office and leisure uses. At the southern end of the Dock is County Hall, the Council’s administrative buildings, at the northern end are more offices.

2.2 The site is bounded to the west by 3 storey townhouses and 4 storey blocks

of flats fronting Schooner way, to the north by a car park, to the east by a public footpath and the Bute East Dock and to the south by the Boathouse Gym and Wharf PH. The site is flat and roughly square in shape.

2.3 The site is rectangular in shape and there is a slight fall across the site from

Schooner Way to the dockside footpath of about 1.5m. There are four semi-mature trees bordering Schooner Way. The site is grassed and fenced off with a low timber and wire fence. The dockside boundary is demarcated by a series of timber flagpoles.

3. PLANNING HISTORY

None. 4. POLICY FRAMEWORK

Relevant national planning policy and guidance 4.1 Technical Advice Note 12 (TAN 12): Design Relevant local planning policy and guidance 4.2 Adopted Local Plan

• Policy 11 Design and Aesthetic Quality 4.3 Deposit Unitary Development Plan

• Policy 2.20 Good Design • Policy 2.24 Residential Amenity • Policy 2.57 Access, Circulation and Parking

4.4 Supplementary Planning Guidance

• Buildings for Childcare (1998) • Restaurants, Takeaways and other Food and Drink Uses (1996)

44

5. INTERNAL CONSULTEE RESPONSES 5.1 Highways and Waste Management: The Drainage Engineer has no objection

subject to a drainage scheme condition. 5.2 Transportation: The Council’s Transportation Officer comments as follows: I

would confirm that the car and cycle parking, and vehicle access/egress arrangements have been assessed and is considered to be policy compliant as submitted and subject to standard cycle parking, retention of parking, access gradient, access gates, travel and traffic management plan, construction management, highway improvement works and outward opening doors/windows conditions.

5.3 The highway improvement works requested comprise the provision of an

adoptable standard footway on Schooner Way and a tabled pedestrian crossing on Schooner Way. Details in the form of indicative sketches have been forwarded to the agent.

5.4 A combined financial contribution of £6,032 is requested, made up of £2,912

towards improvements to the adjacent bus stops, including but not limited lining/signing improvements to deter parking within the lay-bys; and £3,120 towards traffic order modifications as may be required as a consequence of the development.

5.5 Pollution Control (Noise & Air) has no objection subject to opening hours,

plant noise and kitchen extraction conditions. 5.6 Pollution Control (Contaminated Land) has no objection and note that the

potential for contamination on the site is very likely and request ground gas, contaminated land, imported soils and imported aggregates conditions, and a contamination and unstable land advisory notice.

5.7 Waste Management notes that the plans detailing refuse storage are

acceptable. 5.8 Childcare Strategy Unit: The Unit has provided data from the National Day

Nurseries Association (NDNA Cymru) showing occupancy levels at nurseries within 1 mile walking distance of Schooner Way and raises concerns that the proposed nursery will be a threat for the 6 existing day nurseries in the vicinity, that it is within 20m of a watercourse and that there is a risk of flooding.

5.9 Parks and Sports: No objection to loss of trees, provided replacement trees

are planted. 6. EXTERNAL CONSULTEE RESPONSES 6.1 Welsh Water: Welsh Water have no objection subject to their standard

conditions and provision of a grease trap.

45

6.2 Environment Agency: No objection based on the information provided in the

Flood Consequences Assessment report and the commitment to manage the risk from tidal and fluvial flooding.

7. REPRESENTATIONS 7.1 The proposals were advertised as a non-major bad neighbour in the press

and on site, and Local Members and neighbours were consulted. The application has attracted letters of support from local residents and objections from day nursery businesses in the vicinity, local residents and a tenancy management company, and a local councillor has raised concerns, as follows:

7.2 A letter has been received from Delme Greening (former Cllr.) sharing

concerns raised by local residents over the speed of traffic on schooner Way and requesting that the Council require some form of traffic calming measure as a planning condition. Cllr. Ahmad has been notified of the application.

7.3 A total of 8no. objections have been received, 3no. from day nurseries in the

vicinity (Busy Bees Nursery, East Moors Road, Darling Buds Nursery, Bute Street, and Little Angels Nursery, Fitzalan Road), 1no. from agents for Schooner View Management Co. Ltd., and 4no. from local residents of Schooner Way, Barquentine Place and Blake court.

7.4 The grounds for objection from local residents and the Schooner View

Management Co. in no particular order of preference are: • Contemporary design not in keeping with the Dockside red brick aesthetic • Insufficient parking on site and increased traffic leading to congestion,

noise and potential accident risk • Loss of view/outlook for some residents of Schooner Way flats • Loss of trees and green space and consequent loss of visual amenity • Loss of green space used by locals for leisure purposes • Noise arising from increased traffic movements and outdoor play area • Loss of sunlight for some residents of Schooner Way flats • Reduction in overlooking of Dockside footpath at night with potential for

increased crime • Pavements adjacent to site not pram-friendly

7.5 The grounds for objection from the local day nursery businesses are

overprovision of such services in the local area and consequent loss of business.

7.6 A total of 3 no. letters of support have been received from local residents of

Henke Court, Barquentine Place and Schooner Way. 7.7 The grounds for support in no particular order of preference are:

46

• Additional nursery and café for the local area would be a valuable local resource

• A positive development contributing to the regeneration of Bute East Dock • Design

7.8 Two of the three letters of support are qualified with concerns relating mainly

to the extra volume of traffic that will be generated. 8. ANALYSIS

Land Use 8.1 The application site falls within an area of white land, as shown on the Local

Plan Proposals Map, meaning that no specific land use allocation has been made and no particular land use is given protection at this location. The application is therefore assessed against Supplementary Planning Guidance ‘Restaurants, Takeaways and other Food and Drink Uses’ (1996) and ‘Buildings for Childcare’ (1998).

8.2 Paragraph 3.1 of the food and drink SPG identifies areas where food and

drink uses can most appropriately be located. Whilst the application site does not fall into any of the favoured categories, the guidance states that food and drink uses may also be acceptable in other commercial or business areas, depending on the character of the area and whether there are residential properties nearby.

8.3 Paragraph 3.1 goes on to say that food and drink uses are unlikely to be

acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents. Although the site falls within an area of white land on the Proposals Map, this part of Schooner Way is characterised predominantly by residential developments, but also includes small scale offices and commercial premises such as hotels and a public house. Given this mix of surrounding uses and the waterfront location, it is considered that a café would be acceptable at this location.

8.4 The childcare SPG states that the preferred location for childcare facilities is

within employment or shopping areas. Given that this is a vacant plot and that there are several other commercial uses within the area, it is considered an acceptable location for a childcare facility.

8.5 The application raises no land use policy concerns, subject to an assessment

of the likely impact upon residential amenity.

Residential amenity 8.6 Pollution Control has no objection subject to conditions. 8.7 The proposed opening hours for the café are from 07.30 to 20.00 Monday to

Saturday and 07.30 to 18.00 on Sundays. Given the nature and scale of the proposed A3 use, it is unlikely that it would create an adverse effect upon the amenity of adjacent occupiers. There is one other A3 use close by (the Wharf

47

PH). A condition restricting the opening hours of the café to those proposed has been attached.

8.8 The Childcare Facilities SPG places the onus on the LPA to show that

demonstrable harm is unlikely to be caused to the amenity of neighbouring residents and seeks to restrict the opening hours of childcare facilities to between 8.00am and 6.00pm Mondays to Fridays outside of employment areas and shopping centres. A condition has been added to this effect.

8.9 Drop-off and pick-up will result in increased noise levels at the start and end

of the day and the possibility of traffic congestion and a condition has therefore been added requiring a Travel and Traffic Management Plan that shows how pick-up and drop-off will be managed to minimise such disruption. Given that the street is a residential distributor road where levels of background traffic noise are not insignificant it is considered that a properly managed pick-up and drop-off will not result in demonstrable harm in terms of noise or traffic congestion.

8.10 The provision of an outdoor play area for the children is not a planning

requirement but is a requirement of the Social Services Department. It will give rise to noise at play time. The location of the day nursery in a purpose built facility on the edge of a residential area and the fact that the play area is separated from the closest flats by a 2m high brick wall (necessitated by the change in level across the site) which acts to help contain noise outbreak mitigates the noise impact to an extent. Conditions to control the times and numbers of children making use of the outdoor play area are not considered to be enforceable

8.11 On balance the provision of an important community function and a condition

to restrict the opening hours of the facility to normal business hours outweighs the limited harm arising from noise outbreak and the impact on residential amenity is considered acceptable. The closest residential window to the outdoor play area (ground floor windows of nos. 54-70 Schooner Way) is at a distance of approx.15m.

Loss of trees

8.12 A number of semi-mature trees will be lost as part of the development. There is an opportunity to replace these through planting of new trees in the external play area and along the reinstated footway on Schooner Way. A condition requiring details of tree plantings prior to commencement of the works has been added.

Public Realm

8.13 The Schooner Way footway will be reinstated/improved as part of the highway improvement works.

Design

8.14 Policy 11 of the Local Plan states that new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area. It

48

goes on to say that the composition, proportion, form and materials should reflect the building’s use and location and that it should have regard for the historical context of sites and recognise the importance of existing landmarks, vistas and local views (LP 4.6.3).

8.15 TAN12 seeks to promote innovative design and points out that a contextual

approach should not necessarily prohibit contemporary design. 8.16 The long low pavilion-like form of the building is considered appropriate for

the waterfront setting, both preserving and in many cases enhancing significant views within the Dock - both from the Dockside Walkway and from Schooner Way and Celerity Drive.

8.17 The buildings take maximum advantage of the site’s position overlooking and

abutting the dock, and the addition of a first floor balcony, degree of transparency and use of materials and colour generates much-needed interest and activity to the dockside. The impact on the street scene of what is in effect a 1 ½ storey building is acceptable.

8.18 The choice of materials and use of primary colours is appropriate to the

building and its waterfront setting.

Access and Parking 8.19 There is no objection from transportation subject to standard conditions and

highway improvement works. The proposals are policy compliant in terms of parking provision and access.

8.20 A Highways Improvements condition has been attached requiring the

provision of an adoptable standard footway to complete the existing discontinuous Schooner way footway adjacent to the site and a tabled pedestrian crossing calming traffic and addressing potential highway safety concerns. The proposals are acceptable in terms of parking, access and highway safety.

8.21 The section of Dockside walkway adjacent to the site has fallen into a poor

state of repair. It is adopted highway and is therefore the responsibility of the Council to repair/maintain with the proviso that damage to the walkway resulting from carrying out of the works will be the responsibility of the applicant to rectify.

8.22 The proposals are fully compliant with disabled access and equality

legislation requirements. 8.23 A financial contribution is requested for improvements to the bus stop next to

the site, lining/signing improvements to deter parking within the layby and traffic order modifications that may be required as a consequence of the development

Amenity of neighbouring occupiers (loss of view, noise)

49

8.24 The pavilion form of the building rises only 5.5m above the Schooner Way pavement thus minimising the impact on the outlook of residents of the Schooner way flats directly opposite the site (the closest residential unit is 15m away). It is therefore considered acceptable. Loss of view of the Dock is not a material planning consideration.

Representations

8.25 Objections on the grounds of design, traffic and parking, loss of outlook/ view, and noise from additional traffic / children’s play are all addressed above.

9. CONCLUSION 9.1 The proposed day nursery and café use is acceptable. The proposals

preserve the character and appearance of the Bute East Dock and add interest and activity to the waterfront. There are no amenity, transportation or public safety concerns.

9.2 The granting of planning permission is recommended subject to conditions

being imposed, and a legal agreement to secure a financial contribution towards traffic and transport related improvements and highway improvement works to the Schooner Way footway.

50

51

52

53

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/00616/DCI APPLICATION DATE: 06/06/2012 ED: ADAMSDOWN APP: TYPE: Full Planning Permission APPLICANT: Mr Parvaiz LOCATION: 96-102 CLIFTON STREET, ADAMSDOWN, CARDIFF, CF24

1LU PROPOSAL: 10 FLATS AT FIRST FLOOR AND REVISED GROUND FLOOR

LAYOUT TO SHOP UNITS AND SHOPFRONTS ___________________________________________________________________

RECOMMENDATION 1: That, subject to no representations being received by 19

th July 2012 and subject to relevant parties entering into a binding legal agreement with the Council under section 106 of The Town and Country Planning Act 1990 in respect of matters detailed in paragraph 8.5 of this report, Planning Permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. All roller shutters to the replacement shop fronts shall be of a

perforated brick bond grille design. Reason: In the interests of visual amenity. 3. The first floor front elevation facing Clifton Street shall be finished in

painted render (colour to be agreed with the Local Planning Authority) prior to beneficial occupation of the flats hereby approved, and thereafter retained.

Reason: In the interests of visual amenity. 4. The south west facing panes of the obliquely angled oriel windows of

flats 1 & 2 shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained.

Reason: To ensure that the privacy of adjoining occupiers is protected. 5. A scheme of sound insulation works to the floor / ceiling structure

between the first floor residential and ground floor commercial premises shall be submitted to and agreed in writing by the Local Planning Authority, the agreed scheme shall be implemented prior to occupation.

Reason: To ensure that the amenities of residential occupants are protected.

6. Before the flats hereby permitted are brought into beneficial use, the

amenity space shown on drawing numbered ‘AYX4//B14/a’ shall be provided, enclosed by a 2m high wall, and finished in a hard & soft

54

landscaping scheme to be submitted and agreed by the Local Planning Authority. Thereafter this space shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate amenity space is provided for the flat occupants.

7. Before the flats hereby permitted are brought into beneficial use, the

cycle parking facility shown on drawing numbered ‘AYX4//B14/a’ shall be complete and provided with a roof, ready for use to accommodate at least 16 cycles. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose.

Reason: To ensure that adequate provision is made for the secure parking of cycles.

8. Before the flats hereby permitted are brought into beneficial use, the

enclosed refuse storage facility shown on drawing numbered ‘AYX4//B14/a’ shall be complete, ready for use to accommodate three 1100litre bins and one 240litre bin.

Reason: To protect the amenities of the area. RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 3: The applicant is advised that a commercial contract is required for the collection and disposal of all commercial wastes under section 34 of the Environmental Protection Act 1990, therefore is advised to contact the Commercial Services dept. (tel: 029 2071 7500). RECOMMENDATION 4: The applicant is requested to ensure that upon occupation of the development, future residents are provided with a Welcome Pack detailing available public transport services, to set in train sustainable transport behaviour. Leaflets and advice in connection with which are available from Cardiff County Council's Transportation Services Department.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application seeks planning permission to convert the first floor of a

commercial building to ten flats, with associated alterations to the front and rear elevations including new access doors from Clifton Street and Iron Street. The proposed scheme represents a slightly different layout and means of

55

access to a scheme of ten flats recently approved, four units have already been completed and part of the external alterations carried out in accordance with the previous permission.

1.2 The accommodation would comprise of six two bedroom flats at the south

end, accessed via a new entrance door in the front elevation, in addition to the four completed one bedroom flats at the north end which are accessed via the north side elevation from Iron Street.

1.3 The first floor front elevation would be altered to a solid rendered wall

construction with fourteen new vertical window openings (inclusive of four already been constructed). A total of eleven new window openings would also be formed in the rear elevation (inclusive of three already constructed), of which the southernmost five would be oriel bays, with clear glazing angled obliquely to the north west and obscure glazing to the south west direction. Four new window openings would also be formed in the first floor south side elevation.

1.4 The existing shop fronts in the ground floor front elevation would be removed

and replaced with new timber/aluminium/pvc framed glazed panels and five separate doors to allow internal subdivision to four units. Four new window openings would also be formed in the ground floor south side elevation.

1.5 An enclosed amenity area (14m x 6m) would be provided to the rear,

including a covered cycle store and an enclosed refuse store. 2. DESCRIPTION OF SITE 2.1 An existing furniture retail store, comprising a two storey red-brick 1960s

building with a flat roof. There is a hard surfaced yard to the rear which currently accommodates vehicles/servicing associated with the store.

2.2 The site is adjoined by domestic rear gardens of two storey end of terrace

dwellings at nos. 12 Tin Street or 16 Iron Street to the rear. To the opposite at the front is a terrace of six two storey terraced dwellings and a derelict public house, which has permission (08/1716C), subject to a legal agreement, for conversion to 12 flats.

3. SITE HISTORY 3.1 09/1779C – planning permission granted for conversion of the first floor to 10

one bedroom flats, installation of new windows and side access from Iron Street, permission partly implemented to date.

3.2 11/31DCI – planning permission granted for conversion of part of the ground

floor to 4 flats, alterations to side access and insertion of door/windows to front, rear and side elevations, not implemented to date.

56

3.3 11/1138DCI – planning permission granted for external alterations to the Clifton St & Iron St elevations.

3.4 09/1087C – permission refused for conversion of the first floor to 10 flats due

to the design of the front elevation, lack of on site amenity space and lack of cycle/refuse storage facilities.

3.5 05/1719C – outline planning permission granted (subject to an outstanding

section 106 agreement) for erection of a new building on this site accommodating 21 flats.

4. POLICY FRAMEWORK 4.1 The site lies within the southern fringe of the Clifton Street District Centre as

defined by the proposals map of the City of Cardiff Local Plan and the Deposit Unitary Development Plan (October 2003).

4.2 Relevant National Planning Guidance:

Planning Policy Wales (2010) Planning Policy Wales TAN 12: Design Planning Policy Wales TAN 21: Waste

4.3 Relevant City of Cardiff Local Plan Policies:

Policy 11: Design & Aesthetic Quality

Policy 17: Parking & Servicing Facilities Policy 18: Provision for Cyclists Policy 20: Provision for Special Needs Groups

Policy 27: Conversion to Residential Use Policy 31: Residential Open Space Requirement

4.4 Relevant Deposit Unitary Development Plan (October 2003) policies:

Policy 2.20: Good Design Policy 2.21: Change of Use or redevelopment to Residential Use. Policy 2.24: Residential Amenity Policy 2.57: Access, Circulation & Parking Requirements Policy 2.74: Waste Management

4.5 Relevant Supplementary Planning Guidance: Waste Collection and Storage Facilities (March 2007)

Access, Circulation & Parking Requirements (June 2006) Open Space (March 2008)

57

5. INTERNAL CONSULTEE RESPONSES

5.1 The application site falls within the Clifton Street/Broadway district centre, as defined by the Local Plan. The application should be assessed against policy 49 of the Local Plan, the aim of which is to protect the predominant shopping role of the centre, and the vitality and viability of its frontages. Criterion (iv) of policy 49 favours the retention of residential accommodation at upper floors within centres, subject to the characteristics of the premises and their location.

The application proposed the conversion of all the first floor retail floorspace and part of the ground floor retail floorspace to residential. As the proposal involves the loss of existing retail floorspace, it could be argued that it would have a detrimental impact upon the shopping role of the centre, and the vitality and viability of the frontage. However, given that: (i) the majority of the retail floorspace at ground floor level would be retained; (ii) the retail floorspace which would be lost is located at first floor level and (iii) the district centre has a high proportion of vacant units, it is considered that a refusal of planning permission could not be justified in this instance.

Strategic Planning’s floorspace figures (2011) shows that 15% of the units within the centre are vacant and that the majority of these are long term vacancies. It is acknowledged that these vacant unit could accommodate any demand for additional A1 floorspace should it arise in the future. The proposal raises no significant land use policy concerns.

5.2 Transportation – no objection, subject to a condition to ensure provision of

one secure and covered cycle parking space per bedroom. In addition a Section 106 Agreement is requested to secure a financial contribution of £3,120 towards public transport infrastructure improvements within the vicinity at Pearl Street, and an additional recommendation that welcome packs are provided to future residents.

5.3 Parks Services - The Council’s Supplementary Planning Guidance - Open

Space requires provision of a satisfactory level and standard of open space on all new housing developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable. As no public open space is being provided on-site, the developers will be required to make a financial contribution towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality.

Based on the information given, allowing for an increased occupancy rate of 14.3, the contribution will be £13,775 which includes the 4% Development Control administration fee. In the event that the Council’s minded to approve the application, it will be necessary for the applicant and the Council to enter into a Section 106 Agreement to secure payment of the contribution.

5.4 Pollution Control – no comments received, however a condition requested for

previous application 09/1779C to ensure details of sound insulation are submitted and agreed, and an advisory note recommended relating to

58

construction site noise. 5.5 Waste Management – the domestic bin storage area indicated within current

site plans has been noted, however individual bins are not permitted in a development of this size. The bin store must be large enough to accommodate two 1100litre bins for general waste and dry recyclables and a 240litre bin for compostable waste. Waste must be presented to the entrance for collection. Current site plans make no reference to the storage and collection of commercial waste and recycling. A location for the storage of waste and recycling, and presentation for collection must be included on site plans, and retained for future use. Waste must not be stored on the highway and a commercial contract is required for the collection and disposal of all commercial waste.

5.6 Neighbourhood Renewal (Housing Strategy) – no comments received. 6. EXTERNAL CONSULTEE RESPONSES 6.1 Cardiff Bus - no comments received. 6.2 Welsh Water – no objection. 7. REPRESENTATIONS 7.1 Local Members were consulted, no representations received to date. 7.2 The application has been publicised by letter, site and press notice, no

representations received to date. 8. ANALYSIS 8.1 In terms of the proposed change of use of the premises to residential, the

proposal is considered acceptable as outlined by the advice of the Strategic Planning (Land Use Policy) Group and as established by the partly implemented approval 09/1779C. The majority of first floor properties within Clifton Street have been converted to residential use.

8.2 It is not considered that the proposal would harm the amenity value of the rear

gardens of nos. 12 Tin Street or 16 Iron Street as the windows in the rear section would be of an obliquely angled oriel design such that a distance of at least 10m would be retained to the boundary. In light of the recommended sound insulation condition, it is not considered that the proposed residential use would conflict with the ground floor commercial use. The volume of all flats satisfies the minimum internal floor space requirement of 30 square metres, and the outlook from all living areas/bedrooms is deemed satisfactory.

8.3 It is considered that the proposed alterations to the first floor front elevation

59

would improve the visual appearance of the building, presenting a more residential style fenestration in terms of the window sizes and spacing, whilst introducing a more contemporary rendered finish. The design of the replacement shop fronts is considered appropriate within the street scene, and all entrance doors would be level with the pavement, providing adequate access for disabled customers. The insertion of a separate residential entrance from Iron Street is also considered visually acceptable.

8.4 The proposed amenity area (84 square metres) to the rear of the site is

considered acceptable, and is comparable to the space proposed for the similar recently approved scheme for 10 flats (77 square metres).

8.5 The request from Parks Services for a financial contribution of £13,775

towards the provision of off-site open space, or the improvement (including design and maintenance) of existing open space in the locality is considered reasonable in accordance with Policy 31 of the Local Plan, and the request from Transportation for a financial contribution of £3,120 towards public transport infrastructure improvements within the vicinity at Pearl Street is also considered reasonable. Both requests are consistent with previous permission 09/1779C.

8.6 As no affordable housing contribution was requested for previous application

09/1779C it is not considered reasonable to request a contribution for the current application which proposes the same amount of residential units.

8.7 It is concluded that the application is acceptable in terms of the policies listed

above, and therefore it is recommended that planning permission be granted for the proposed development, subject to the legal agreement and conditions.

60

61

62

63

64

65

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/00633/DCI APPLICATION DATE: 23/04/2012 ED: CATHAYS APP: TYPE: Full Planning Permission APPLICANT: Mr Terence Holmes LOCATION: LAND OFF MAY STREET, CATHAYS, CARDIFF PROPOSAL: SIX NO. 5 BEDROOM RESIDENTIAL UNITS FOR STUDENT

ACCOMODATION ______________________________________________________________________

RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.1, 5.3, and 5.4 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

numbered 02B, 03B, 04C, 05B, 06B, 07B, 08B, attached to and forming part of this planning application.

Reason: The plans amend and form part of the application. 3. E1B Samples of Materials 4. No development shall take place until a scheme showing the architectural

detailing of the principal elevations has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented.

Reason: To ensure a satisfactory finished appearance to the development.

5. The car parking spaces and manoeuvring space (behind bays) shown on

the approved plans shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Each of the spaces shall be allocated. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing passing the site and to minimise space searching behaviour.

66

6. No development shall take place until details showing the provision of

30No cycle parking spaces have been submitted to and approved in writing by the Local Planning Authority (LPA). The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the sheltered and secure parking of cycles.

7. Prior to commencement development a scheme of construction

management shall be submitted to and approved by the LPA to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development construction shall be managed strictly in accordance with the scheme so approved.

Reason: In the interests of highway safety and public amenity. 8. No part of the development hereby permitted shall be occupied until a

student travel/parking management plan to include the promotion of public transport and other alternatives to the private car; the management of traffic at the start and end of term; the control of vehicular access to the site and the control of student resident car parking within the site and surrounding area, has been submitted to and approved by the Local Planning Authority. The approved management plan shall thereafter be implemented throughout the duration of the development. Reason: In the interest of highway safety and to regulate the impact of the development on use of the adjacent highway.

9. C4P Landscaping Design & Implementation Pro 10. C4R Landscaping Implementation 11. No development shall take place until ground permeability tests have

been undertaken to ascertain whether sustainable drainage techniques such as soakaways and / or permeable paving can be utilised for the disposal of surface water run off and comprehensive details of a drainage scheme for the disposal of both surface water and foul sewage have been submitted to and approved by the LPA.

Reason: To ensure an orderly form of development. 12. No part of the development hereby permitted shall be commenced until a

scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme

67

shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority.

Reason: To ensure that the safety of future occupiers is not prejudiced 13. Any topsoil [natural or manufactured],or subsoil, to be imported shall be

assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material

received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced” 14. Any aggregate (other than virgin quarry stone) or recycled aggregate

material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material

received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced. 15. C7S Details of Refuse Storage 16. The dwellings hereby approved shall meet the BRE Code for

Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate).

Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

68

17. Construction of the dwellings hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

18. Prior to occupation of the dwelling hereby permitted a Code for

Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils,

aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated

or potentially contaminated by chemical or radioactive substances.

69

• Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the

developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The detailed application is for the construction of 6no. 5 bedroom residential

units for students on a vacant plot of land off May Street, Cathays. 1.2 Amended drawings have been received addressing issues of scale and

overbearing impact, roof design and architectural treatment. 1.3 The design comprises 2no. 3 storey blocks set towards the rear (northern) end

of the site and linked by the circulation core. Each block contains 3no. 5 bedroom cluster flats with their own front doors accessed from the central common stair.

1.4 The blocks are flat-roofed and orientated to overlook a generous landscaped

area of quality open space of approximately 180m2 arranged in the form of south facing gardens. Communal living areas have Juliet balconies. Blank gable walls face the rear gardens of Whitchurch Place to the east and the rear gardens of Cathays Terrace and Crwys Road to the west.

1.5 The southern arm of the block adjacent to the Whitchurch place rear gardens

steps back at first floor to reduce the overbearing impact on these gardens. 1.6 The architecture is contemporary in style employing through coloured render,

timber cladding and a palette of bright colours. 1.7 Access is as existing and 4no. parking spaces are provided off the rear lane. 1.8 The scheme shows a sustainable drainage system incorporating permeable

surfaces, soft landscaping and a rainwater harvesting unit with an associated

70

overspill soakaway for the disposal of roof water run-off and some surface water run-off.

1.9 The building seeks to achieve Level 3 of the Code for Sustainable Homes. 1.10 A Design and Access Statement is submitted. 2. DESCRIPTION OF SITE 2.1 The site is an area of vacant derelict land to the rear of the old Star Service

Station on the corner of Cathays Terrace and May Street. The old garage site is hoarded off and has permission for a convenience store with 14no. flats over.

2.2 The application site (0.07ha) is bounded to the west by the old garage site, to

the north-west by the rear garden of no. 151 Crwys Road and beyond that by the rear gardens of nos. 200 – 204 Cathays Terrace, to the north-east by an electricity substation and rear service lane off Whitchurch Place, and to the south-east by the rear gardens of nos. 6 – 18 Whitchurch Place and a 2 storey brick-built garage/workshop to the rear of nos. 2 – 4 Whitchurch Place.

2.3 The principal pedestrian access to the site is from May Street to the south

(adjacent to the garage/workshop). There is vehicular access from the rear service lane to the north.

2.4 The site is within 100m of the main Crwys Road/Woodville Road District Centre

and several bus stops, and within easy reach of the University, local parks and the City Centre.

3. PLANNING HISTORY 3.1 11/2194/DCI Application for 5no. 6 bedroom residential units for student

accommodation withdrawn in March 2012 3.2 08/574/C Planning permission granted in July 2011 for 8no. 1 bedroom flats

and 4no. 2 bedroom maisonettes Related planning history 3.3 06/2351/C Planning permission granted in June 2008 for convenience store

with 14no. flats over on adjacent site (old Star service Station on corner of Cathays Terrace and May Street).

71

4. POLICY FRAMEWORK 4.1 The policy framework for this advice is as follows:

• Planning Policy Wales (Edition 4, February 2011) • City of Cardiff Local Plan (Adopted January 1996) • Deposit Cardiff Unitary Development Plan (2003)

4.2 The following Local Plan policies are considered to be of particular relevance:

• Policy 11 Design and Aesthetic Quality 4.3 The following deposit Cardiff Unitary Development Plan policies are of

particular relevance: • Policy 2.20 Good Design • Policy 2.24 Residential amenity • Policy 2.57 Access, Circulation and Parking

4.4 The following Supplementary Planning Guidance (SPG) is relevant:

• Open Space (2008) • Access, Circulation and Parking Standards (2010) • Community Facilities and Residential Development (2007)

4.5 Relevant National Policy Guidance

• TAN 12: Design 5. INTERNAL CONSULTEE RESPONSES 5.1 Neighbourhood Regeneration: The Regeneration Officer notes that as no on-

site communal facilities provided there is a requirement for an off-site contribution of £12,300 calculated in accordance with the SPG towards the improvement of community facilities in the vicinity.

5.2 Transportation: The Council’s Transportation Officer raises no objection subject

to conditions relating to operational parking spaces, cycle provision, and a construction management plan, and a section 106 legal agreement to secure a financial contribution towards highway improvement works to the rear lane and the submission of a Student Travel/management Plan.

5.3 The financial contribution is for the sum of £5,720 for the upgrading of the

rear lane including the provision of additional street lighting, and for the undertaking of traffic surveys (before and after the development is in place) in order to assess the impact of the development and if appropriate for the implementation of the necessary Traffic Regulation Orders.

5.4 Parks Services: The Parks Officer notes that under current policy the proposed

development is subject to Policy 31 of the Local Plan (Provision of Open Space

72

on New Residential Developments). As no formal recreation space is being provided on-site the developers will be required to make a financial contribution towards the provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality. Utilising the residential information he calculates the contribution to be in the sum of £11,920. This is in accordance with the Open Space SPG and is based on 30 student bedrooms and adjusted to take account of the provision of informal recreation space on site.

5.5 The use of the contribution will be determined in accordance with the approved

procedure which requires consultation with yourself and Members. The baseline figure for open space provision for student accommodation excludes the playground element of typical public open space provision.

5.6 Drainage Management: The Drainage engineer has no objection subject to a

condition requiring permeability testing to establish the viability of sustainable drainage techniques and the submission of a drainage scheme.

5.7 Pollution Control (Noise & Air): No objection. A recommendation on

construction site noise is requested. 5.8 Pollution Control (Contaminated Land): No objections subject to standard

conditions on contaminated land, imported soil and aggregates and a contamination and unstable land advisory.

5.9 Waste Management: The Sustainable Planning Officer has no objection subject

to a condition requiring details of waste storage. 5.10 Landscape: The Tree Preservation Officer notes existing trees bounding 16-18

Whitchurch Place and the potential for harm to tree roots. He requests an upfront landscaping scheme or, in the absence of such a scheme, landscaping conditions requiring submission of a scheme prior to commencement of the works and maintenance thereafter, and makes recommendations on suitable tree species.

6. EXTERNAL CONSULTEE RESPONSES 6.1 Welsh Water: Welsh Water have no objection subject to standard conditions. 6.2 Western Power Distribution: Information is provided on their apparatus in the

vicinity of the proposed works. The advice has been forwarded to the agent. 6.3 Police Architectural Liaison: The Crime Prevention Design Advisor has no

objection and makes a number of recommendations relating to security. The advice has been forwarded to the agent.

73

7. REPRESENTATIONS 7.1 Neighbours and Local Members were consulted. No representations have been

received to date. Late representations will be reported to Planning Committee. 8. ANALYSIS 8.1 The main issues to be considered are land use, design, access and parking,

and residential amenity of neighbours and future occupants.

Land Use 8.2 The Strategic Planning Officer has no objection to student housing on this site

and makes the following observations: 8.3 The application falls within a residential area as defined by the City of Cardiff

Local Plan. The redevelopment of the derelict land for residential purposes is considered acceptable in policy terms in this location. Therefore the proposal raises no land use policy concerns.

Design

8.4 The footprint and volume of the proposed accommodation is similar to the consented scheme. The main difference is the way the blocks are arranged on the site. Subject to addressing the potential overbearing impact on the gardens of Whitchurch Place (see below) the layout is an improvement on the consented scheme with a significantly improved entrance from May street and a better and more useable arrangement of open space that takes full advantage of the southern aspect.

8.5 The height and massing of the blocks is similar to the consented scheme and

the scale is acceptable. Materials and elevational treatment is contemporary and appropriate for the backland context. The design is acceptable.

Access and Parking

8.6 There is no objection from Transportation. The site is in a highly sustainable location and the proposed parking provision is in accord with the SPG Guidelines. A cycle parking condition has been attached.

8.7 A student travel management plan condition is attached covering arrangements

for beginning and end of term and car ownership. 8.8 A financial contribution towards improvements to the rear lane is to be secured

through a legal agreement.

74

Overlooking and overbearing impact 8.9 There are no overlooking or overbearing issues in relation to the rear gardens

of Cathays Terrace and Whitchurch Place, nor in relation to the properties to the north of the rear service lane. The consent for the old service station site to the west shows the area adjacent to the application site as car park.

8.10 The closest neighbouring development to the proposals is Whitchurch Place to

the east at a distance of 12m. The development at this point presents a blank gable wall at a distance of 1m from the rear boundary wall, similar to the consented scheme. There is no overlooking of rear gardens from habitable rooms and no significant overshadowing of the gardens as the proposals are located to the north-west of the gardens. The main issue to be considered is the potential overbearing impact arising from the southern arm of this block.

8.11 The flat-roofed block is approximately 3.0m lower than the ridge ht. of the

consented scheme and the area of the blank gable wall adjacent to the Whitchurch Place gardens is consequently less than that consented. As a result of discussions with the agent the southern arm of this block has been amended to set back the first and second floors by 2.1m thus increasing the distance from the boundary wall in order to address the overbearing impact on the gardens of Whitchurch Place. The overbearing impact is not therefore significantly different from that consented and is acceptable.

Other matters

8.12 The future occupiers are provided with generous individual studio type rooms

and communal living/dining/kitchen rooms and large communal gardens. Representations 8.13 None received to date. Late representations will be reported to Planning

Committee. 9. CONCLUSION 9.1 The proposals make use a vacant derelict backland site to provide good quality

purpose-built student accommodation in an appropriate location. The proposals meet the Council’s policy and guidance and do not raise any land use, design, transportation, or neighbour/future occupier amenity concerns.

9.2 The granting of planning permission is recommended subject to conditions

being imposed, and a legal agreement that secures a financial contribution towards the improvement of open space and community facilities in the vicinity, and the improvement of the rear lane.

75

76

AMENDED PLAN 12/00633/DCI

07.06.2012

77

AMENDED PLAN 12/00633/DCI

07.06.2012

78

LOCAL MEMBER OBJECTION COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/00537/DCH APPLICATION DATE: 29/03/2012 ED: PONTPRENNAU/ST MELLONS APP: TYPE: Householder APPLICANT: Mr R Hurley LOCATION: 3 CRANBOURNE WAY, PONTPRENNAU, CARDIFF, CF23

8SL PROPOSAL: RETENTION OF DEMOLITION OF EXISTING GARAGE WITH

PART FIRST FLOOR AND PART TWO STOREY SIDE EXTENSION INCLUDING SINGLE STOREY REAR EXTENSION

___________________________________________________________________

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in side elevation of the extension facing 5 Cranbourne Way. Reason: To ensure that the privacy of adjoining occupiers is protected.

3. A minimum of one off street parking space shall be retained and

maintained within the curtilage of the site at all times for the parking of vehicles. Reason: To ensure provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

4. RECOMMENDATION 2: That the applicant be advised that no work

should take place on or over the neighbour's land without the neighbour's express consent and this planning approval gives no such rights to undertake works on land outside the applicant's ownership.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Planning permission 11/02155/DCH granted 10th February 2012 permitted the

demolition of an existing garage and storage area and the erection of a two-storey side extension and single-storey rear extension at 3 Cranbourne Way in Pontprennau. The permitted extensions have been built larger than

79

approved and, as such, are unauthorised. The current application seeks planning permission to retain the extensions as built.

1.2 The application was deferred by Planning Committee on 13th June 2012, for a

Committee site visit which took place on 4th July 2012. 1.3 The two-storey side extension and single-storey rear extension has been built

300mm wider than approved. The two-storey extension is 3.3 metres wide, 8.6 metres in depth and 8.4 metres in height (5.2 metres to eaves). The single-storey extension is 10.1 metres wide, 2.4 metres in depth and 3.5 metres in height with a mono-pitch roof (2.4 metres in depth). The proposed extensions are finished in materials to match the existing dwelling (brick walls, concrete tile roof and white upvc fenestration and doors).

2. DESCRIPTION OF SITE 2.1 The property is a modern detached brick built dwelling on a residential cul-de-

sac of similar dwellings. The property originally included an attached single-storey garage and flat roof store at the side of the dwelling, which were demolished to accommodate the new extensions. Two off-street parking spaces are located at the front of the property.

2.2 The eastern boundary of the property includes a retaining wall that adjoins the

rear garden of No. 5 Cranbourne Way, this adjoining garden is approximately 1 metre higher than the application site.

2.3 Cranbourne Way comprises of a mix of brick-finished detached dwellings, the

majority of which include attached single-storey garages. Several properties on the cul-de-sac have been extended through the construction of a first-floor extension above the original garage.

3. SITE HISTORY 3.1 11/02166/DCH: Demolition of existing garage and storage area. Proposed

two-storey side extension to enlarge kitchen, form garage and provide a master bedroom to first floor. Proposed single-storey extension to rear to form utility room and extension to rear to form utility room and extend dining room – permission granted 10/02/12

4. POLICY FRAMEWORK 4.1 The site lies within an existing area of housing, as defined in the adopted City

of Cardiff Local Plan (January 1996). The following Local Plan policies are relevant:

(i) 11 (Design and Aesthetic Quality) (ii) 17 (Parking and Servicing Facilities)

4.3 The following policies of the Deposit Cardiff Unitary Development Plan

(October 2003) are relevant:

80

(i) 2.20 (Good Design) (ii) 2.24 (Residential Amenity) (iii) 2.57 (Access, Circulation and Parking Requirements)

4.4 The following Supplementary Planning Guidance is relevant: (i) Householder Design Guide (March 2007) (ii) Access, Circulation and Parking Standards (January 2010) 5. INTERNAL CONSULTEE RESPONSES 5.1 The Operational Manager, Transportation has no objection subject to a

condition relating to the retention of at least 1 off-street parking space at the site.

6. EXTERNAL CONSULTEE RESPONSES 6.1 Nil 7. REPRESENTATIONS 7.1 Councillor Dianne Rees objects to the application for the following reasons:

(i) The development is overbearing and overshadows No. 5 Cranbourne Way.

(ii) The new application has been submitted to regularise what appears to be deliberate flouting of the previous application which was granted after agreed adjustments to the original plans.

(iii) The developer should be required to submit a set of entirely new plans before the application is considered.

Councillor Rees requests that the application be reported to Planning Committee and that Committee visit the site.

7.2 Former Councillor Jane Rogers endorses the comments made by Councillor

Dianne Rees and objects to the application for the same reasons. 7.3 The occupiers of No. 5 Cranbourne Way objects to the application for the

following reasons: (i) The concerns and objections raised in relation to the original

application still stand. The proposed extension would be overbearing and overshadow No. 5 Cranbourne Way, particularly now it has been built a further 0.3 metres closer to the boundary with No. 5.

(ii) The front facing apex/gable protrudes from the front of the building and increase the overbearing nature of the proposed extension. This feature is also not in keeping with other properties on Cranbourne Way.

(iii) The boundary wall between No. 5 and No. 3 is a retaining and party wall with joint responsibility between the owners. The development has not retained sufficient space to carry out repairs or maintenance to this wall.

81

(iv) The proposed garage is too large and could be converted into another reception room in future, which would cause parking issues.

(v) The roof of the proposed single-storey extension could be used to gain access to neighbouring gardens. The development therefore represents a security risk.

(vi) The owner of No. 3 has chopped down a perfectly healthy tree at the front of the property.

7.4 The occupier of No. 7 Cranbourne Way advises that although she objected to

the original application, she accepted the plans following the amendments secured by officers. However, now that the extension has been built larger she wishes for her original concerns to be re-considered. The original concerns were: (i) The proposed two-storey extension would impose on the aesthetics of

the surrounding area and the view from the rear of No. 7. (ii) The proposed development would Impact of the levels of light and

privacy at No. 7. (iii) The close proximity of the single-storey extension to the rear boundary

fence of No. 7 may potentially cause a security issue by providing another route of access to the rear of No. 7.

7.5 A letter has been received from a Mr Evans (no address given) raising the

following issues: (i) Two brick walls have been erected at the front of the house that look

imposing and not at all in character with other properties. (ii) A tree has been cut down at the front of the site. (iii) There has been a lack of health and safety at the site during

construction. 8. ANALYSIS 8.1 The proposed two-storey extension as originally submitted under planning

application 11/02166/DCH was 3.6 metres wide. Officers expressed concern to the agent over the proximity of the extension to the boundary with No. 5 and amended plans were subsequently received illustrating the extension 3 metres wide. The application, as amended, was approved by Planning Committee, subject to conditions. The two-storey extension built at the site is 3.3 metres wide, 0.3 metres wider than shown on the approved plans. The full width single-storey extension located to the rear of the property is also subsequently 0.3 metres wider. The current application seeks planning permission to retain the extensions as built.

8.2 The key considerations with this application are the same as those considered

under the original application – the design and impact of the extension on visual amenity and street scene, the effect of the development on the residential amenities of neighbouring occupiers, and parking.

8.3 It is considered that the 300mm increase in the width of the extension has not

had a significant impact on the overall appearance of the extension. The extension is considered to be in keeping with the design and appearance of

82

the main dwelling and it has been finished in materials to match the main dwelling. It is considered that the extension does not have an adverse impact on the street scene.

8.4 The single-storey extension is subservient to the main dwelling in terms of its

size and positioning and is not visible from the public realm. The extension raises no concerns in term of its impact on visual amenity.

8.5 The proposed two-storey extension as previously approved was 0.2 metres

wider than the original garage at the site, maintaining a distance of 1.1–2.9 metres from the boundary with No. 5. The impact of the extension on the amenities of neighbouring occupiers was carefully considered as part of the original application and it was considered that the extension would not be overbearing on, or unduly overshadow, the neighbouring occupiers. The two-storey extension as built is 0.3 metres wider than that approved and as such is 0.3 metres closer to the boundary with No. 5. The key consideration is whether this larger extension has an unacceptable impact on the amenities of the neighbouring occupiers.

8.6 A location plan which shows the extensions’ relationship with the neighbouring

properties, and photograph of the extension as built, is attached to this report. The two-storey side elevation of the extension is located between 0.8-2.6 metres from the rear boundary of No. 5 and this neighbouring property has a 9.5 metre long rear garden. The relationship between the application site and No. 5 is similar to that between No. 9 and No. 11 (see attached plan). The original two-storey side elevation of No. 11 is located a similar distance from the rear boundary of No. 9, and this relationship was approved as part of the original estate layout. The rear garden of No. 5 is higher than the ground level of the application site and, having due regard to the height of the extension, its proximity to the neighbouring boundaries, and orientation of the properties, it is considered that the two-storey extension, as built, does not have an unacceptable impact on the amenities of the neighbouring occupiers.

8.7 The single-storey rear extension is located approximately 0.3 metres from the

boundary with Nos. 5 and 7 and approximately 2 metres from the boundary with No. 1. It is considered that the single-storey extension does not prejudice the privacy or amenities of the neighbouring occupiers.

8.8 The plans show that at least two-off street parking spaces are to be retained

at the site (not including the integral garage). This provision exceeds that required by the Access Circulation and Parking Standards SPG and meets the provision recommended by the Operational Manager, Transportation (see paragraph 5.1). Condition 3 is recommended to ensure adequate off-street parking space is retained at the site (this condition was also imposed on planning permission 11/02166/DCH)

8.9 In terms of other issues raised in the representations received, not addressed

above: - The fact that extension built at the site does not accord with the approved

plans and that the current application has been made retrospectively is no

83

reason to refuse planning permission for the development. The extension must be considered against adopted planning policy and, if it complies with policy, then planning permission should be granted.

- The current application was submitted with a set of new plans that illustrates the extension 0.3 metres wider than the previously approved plans.

- There is no planning requirement to maintain space between buildings and boundaries for repair and maintenance purposes.

- The proposed single-storey extension is located within a private rear garden which is not accessible to the public, the use of the extension’s roof as a possible way of gaining access to neighbouring property is therefore not considered to be a material planning consideration.

- The impact of the development on views is not a material planning consideration.

- It is noted that a tree has been removed at the front of the property. This tree was located on the applicant’s land and was not protected. As such, its removal did not require consent.

- Health and safety issues are not material panning considerations. - It is noted that when officers last visited the site, on the 28th May, a brick

wall had recently been erected around the front garden of the property. This wall does not form part of the planning application and is subject to an on-going investigation. This planning application relates to the extensions only.

8.10 In view of the above, it is recommended that planning permission be granted,

subject to appropriate conditions.

84

85

86

87

88

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/00605/DCH APPLICATION DATE: 10/04/2012 ED: LLANISHEN APP: TYPE: Householder APPLICANT: Dr & Mrs Davis LOCATION: 10 TOWY ROAD, LLANISHEN, CARDIFF, CF14 0NS PROPOSAL: 2 STOREY SIDE/FRONT EXTENSION WITH JULIET

BALCONY AND SINGLE STOREY REAR + FRONT EXTENSION

___________________________________________________________________

RECOMMENDATION: That planning permission be REFUSED for the following reason:

1. The proposal by reason of its 7.4m wide, two-storey hipped roof

projection out from the front elevation of the dwelling is considered to be an overly dominant, non-subservient addition to the original property, which would also have an adverse impact on the visual amenities of the street scene contrary to policy 11 of the City of Cardiff Local Plan, policy 2.20 of the deposited Cardiff Unitary Development Plan and chapters 4 and 5 of Supplementary Planning Guidance: Householder Design Guide.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1. This application seeks permission for the erection of extensions to the side

front and rear elevations of the property. A two-storey extension is proposed to the side of the dwelling, in place of the existing garage, which is to measure the full length of the dwelling with a hipped roof of the same height as the existing main roof. This side extension is 0.6m wider than the existing garage. A two-storey extension is proposed to the front of the dwelling, which incorporates the first floor side extension, extending 7.4m across the front of the dwelling with a 1.25m projection and a hipped roof to match the pitch of the existing roof. A hipped roof porch is proposed next to the two-storey extension measuring 1.25m (l) x 2.7m (w) x 3.5m (h). Rear extensions comprise: a single storey ridged-roof extension broadly in the centre of the dwelling measuring 6m (l) x 5.4m (w) x 4.3m (h (max)); a flat roof extension attached to the southern side of the ridged roof proposal measuring 4m (l) x 5.2m (w) x 3.3m (h) and a flat-roof extension attached to the northern side of the ridged roof proposal measuring 4m (l) x 3.3m (w) x 3.3m (h). Together, the rear extensions run across the full width of the dwelling. A Juliet balcony is proposed at the first floor level in the rear elevation of the two-storey side extension.

89

1.2. The walls of the extensions are to be finished with a painted smooth render finish apart from the ground floor section of the two-storey front extension and the front porch, which are to be finished with facing brickwork.

1.3. The two-storey side extension is sited between approx 1m – 1.6m from the boundary with No. 12 Towy Road. The nearest single-storey flat-roof extension and the ridged-roof extension are to be sited approx. 1.7m and 5m from the boundary with No. 12 Towy Road, respectively. The nearest single storey flat-roof extension and the ridged-roof extension are sited approx 1m and 6m from the boundary with No. 8 Towy Road, respectively.

1.4. Additional information has been received from the applicants in support of

their proposal explaining that the house is set on a large plot, is reasonably wide but lacks proportionate depth for a family home. Their aims are to: 1) provide a good size bathroom upstairs plus a smaller en-suite and 2) provide a study, work room and open plan living space to make the most of the rear garden. The applicants explain that a corridor is needed to access extended space over the garage without making the bedroom or bathroom too small for practical purposes. An extension at the back of the house was considered but was not favourable with neighbours at No. 12 during informal discussion. Hence the applicant’s decision to extend out of the front.

1.5. The applicants explain that: o There are 12 detached houses on the street and all are different

except 2; o The houses are set at different distances from the street; o Their house is set back from both its immediate neighbours; o 7 houses have been extended in different ways; o Of the extended houses at least 4 or 5 have been extended in depth

upstairs 1.6 The applicants consider that their proposal is compatible with the applicable

planning guidelines for the following reasons: o There is no existing symmetry in the street to be maintained so they

draw upon a combination of attractive features found in the street to enhance and break up the current (unique) flat appearance of their house;

o The proposals are sympathetic to their context and are entirely in-keeping with features already found on their house and elsewhere in the street;

o Nos. 1 and 7 have half ‘stepped’ forward with a porch in a similar way to their proposal so the impact of their proposal at street level is similar (but less because they do not have an existing gable end to incorporate and the impact of a hipped roof is less);

o No. 4 has a mixture of brick and render as they propose; o No. 4 is at least as far forward as their design would take them (if not

slightly further); o Their house currently has a hipped roof. Nos. 4 and 9 have projecting

hipped roofs; o No. 14 has a front gable notably wider than others in the street;

90

o The front extension is subservient to the existing house given its size (approx. 11.5 square metres including the porch) in relation to the rest of the house.

2. DESCRIPTION OF SITE 2.1. The site comprises a two-storey detached dwelling with a large rear garden

(approx 16m (w) x 48m (l)) in a street of 12 detached houses. The dwellings in the street are sited to the western and the eastern sides of the road. No. 12 Towy Road is sited to the north of the application site and No. 8 Towy Road to the south. The houses on the eastern side of the street are sited on much longer plots than those on the western side and are set back from the pavement by approx. 9-11m. Many of the dwellings in the street have been extended to their sides and over single storey garages and have maintained their original widths, which includes the width of their attached single garage. A shallow front gabled annex, measuring a room’s width, is a predominant design feature on the houses within the street. Most of the dwellings have also added a front porch. The application dwelling is the only one within the street which does not have any projecting feature.

2.2. The land the application site lies on is relatively flat but No. 12 is sited on a

slightly lower level and No. 8 is sited on a slightly higher level.

3. SITE HISTORY 3.1 No relevant planning history for this site. 3.2 3 Towy Road – Planning Permission 02/2665/N – first floor extension –

January 2003. 3.3 4 Towy Road – Planning Permission 04/2815/E – first floor side extension –

January 2005. 3.4 7 Towy Road – Planning Permission 05/2525/E – first floor side extension –

March 2003. 3.5 8 Towy Road – Planning Permission 04/2789/E – first floor side extension –

March 2003. 3.6 12 Towy Road – Planning Permission 04/2789/E – first floor above garage –

December 2004. 4. POLICY FRAMEWORK 4.1. The following policies of the adopted City of Cardiff Local Plan are relevant:

11 (Design and Aesthetic Quality) 17 (Parking and Servicing)

91

4.2. The following policies of the deposit Cardiff Unitary Development Plan are relevant:

2.20 (Good Design) 2.24 (Residential Amenity) 2.57 (Access, Circulation and Parking Requirements)

4.3. The following adopted Supplementary Planning Guidance (SPG) notes are relevant: ‘Householder Design Guide’ (Adopted March 2007) and ‘Access, Circulation and Parking Standards’ (Adopted January 2010).

4.4. Planning Policy Wales (2011), including:

4.10.9 ‘The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs.’ 9.3.3 ‘Insensitive infilling or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an area’s character and amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.

5. INTERNAL CONSULTEE RESPONSES 5.1. City Development (Transportation) has no objection subject to a condition

relating to the retention of one off-street parking space. 6. EXTERNAL CONSULTEE RESPONSES 6.1. None. 7. REPRESENTATIONS 7.1 Cllr Garry Hunt requested the application be determined by Planning

Committee. 7.2 Four neighbouring properties were consulted. No representations have been

received. 8. ANALYSIS 8.1 The main issues to be considered in the determination of this application are :

(I) Whether the proposed extensions are acceptable within the street scene; (II) Whether the proposed extensions would unacceptably harm the privacy

and amenity of the neighbouring occupants

(i) Whether the proposed extensions are acceptable within the street scene

92

8.2 The main part of the proposal to be considered in terms of its impact on the street scene is the two-storey side and front extensions. The forward projection will give the appearance of being greater in width than the remaining existing front wall of the dwelling. The front projection is effectively the width of two rooms and projects out from the existing front wall by 1.25m. It is noted that other dwellings in the street have forward gable projections which are either original features or have been constructed as part of an extension to the property. However, these forward projections are only one room’s width in scale and are of a lower height with a gable projection. The proposal is considered to be far more dominating than these existing front projections as it is almost twice the width, higher to its ridge, of a hipped roof design and projects further forward from the existing house than the other annexes in the street. The proposal is therefore considered to be an overly-dominant addition that is non-subservient to the original dwelling and out-of-character with the original dwelling to the detriment of the street scene. It is noted that in this case, subservience is not considered to be the floor area of the two storey front extension compared to that of the rest of the house as the applicant suggests but the impact of the bulk created by the front extension, which visually alters the character of the dwelling.

8.3 As mentioned, there is some variation in the designs of the dwellings within

the street as only two dwellings (Nos. 3 and 5) are very similar in design. However, the majority of the dwellings within the street are consistent in their appearance and scale with two-storey, single room width, gabled annexes with the dominant front wall being that of the main (original) part of the house. More important to this application is the fact that the dwellings either side of the application site have these design features where it is considered that the proposed two-storey front extension would appear more dominant and out-of-character within the street scene.

8.4 It is worth noting that after looking at previous planning applications for

extensions to five of the dwellings within the street (Nos. 3, 4, 7, 8 and 12) there have been no proposals for any two-storey extensions to extend more than one room’s width or to the front of the property to the extent of the current proposal. It should also be noted that these properties which have successfully extended to the side of their houses have a similar internal arrangement to the application site and have been able to provide sufficient accommodation at ground and first floor without requiring such a large forward projection.

8.5 The proposal is therefore considered to be contrary to the guidance contained

within chapters 4 and 5 of the Householder Design Guide as it is not considered that the front extension is sympathetic to the context of the dwelling to ensure that the development results in an acceptable appearance and fits comfortably into the wider street scene. It is also considered that the scale of the front extension is not in-keeping with and subservient to the existing form and scale of the host building and its setting, which would detract from the appearance of the existing house and surroundings and is over-dominant in relation to the existing building. Accordingly, the proposal is also considered to be contrary to policies 11 and 2.20 of the respective Local

93

Plan and Unitary Development Plan in that it does not have proper regard or respond to the character of the local character or context

(i) Whether the proposed extensions would unacceptably harm the privacy

and amenity of the neighbouring occupants 8.6 In consideration of the impact of the proposed development on the privacy

and amenity of neighbouring residents, the extensions are considered to be acceptable in their scale and relationship to adjacent dwellings.

8.7 It is considered that the proposal be refused for the reason given above.

94

95

96

97

LOCAL MEMBER SUPPORT COMMITTEE DATE: 11/07/2012 APPLICATION No. 11/1749/DCO APPLICATION DATE: 11/10/2011 ED: PENYLAN APP: TYPE: Full Planning Permission APPLICANT: Tiger Developments and Optimisation Developments Ltd LOCATION: FORMER DAIRY SITE & FORMER AMANTE CAR SHOWROOM, NEWPORT ROAD, PENYLAN, CARDIFF, CF23 9YG PROPOSAL: REDEVELOPMENT OF EXISTING BROWNFIELD SITE TO PROVIDE CLASS A1 FOODSTORE PETROL FILLING STATION CAR PARKING ASSOCIATED SERVICING LANDSCAPING AND NEW ACCESS AND HIGHWAY ARRANGEMENT ___________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in

the application site entering into a binding planning obligation in agreement with the Council under Section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 5.4 and a Unilateral Undertaking relating to the matters referred to in paragraph 8.12 of the Chief City Development Officer's report planning permission 11/1749DCO be approved subject to:

1. C01 Statutory Time Limit 2. C4P Landscaping Design & Implementation Pro 3. C4R Landscaping Implementation 4. The rating level of the noise emitted from fixed plant and equipment on

the site shall not exceed 5 dBA at any residential property when measured and corrected in accordance with BS 4142 : 1997.

Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

5. G7Q Future Kitchen Extraction 6. C7Y Landfill Gas Protection 7. No part of the development hereby permitted shall be commenced until a

scheme detailing the remediation measures necessary to deal with the risks associated with contamination of the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the measures required and how they are to be

98

undertaken. It shall incorporate a verification plan providing details of the data that will be collected in order to demonstrate completion of the remediation works, and a programme for their implementation. Thereafter, all measures in the approved scheme shall be undertaken in accordance with the implementation programme unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that the safety of future occupiers is not prejudiced 8. Any topsoil [natural or manufactured], or subsoil, to be imported shall be

assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced 9. Any aggregate (other than virgin quarry stone) or recycled aggregate

material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material

received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the local planning authority.

Reason: To ensure that the safety of future occupiers is not prejudiced. 10. D3D Maintenance of Parking Within Site 11. Prior to beneficial use of the development hereby approved the cycle

parking spaces shown on the approved plans shall be provided. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose.

Reason: To ensure that adequate provision is made for the secure parking of cycles.

12. Prior to the beneficial use of the approved development an employee

Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The employee Travel Plan shall set out proposals and targets, together with a time table to limit or reduce the number of single

99

occupancy car journeys to the site, and to promote travel by sustainable modes. The employee Travel Plan shall be implemented in accordance with the timetable set out in the Plan, unless otherwise agreed in writing with the Local Planning Authority. Reports demonstrating progress in promoting sustainable transport measures detailed in the Travel Plan shall be submitted annually to the Local Planning Authority, commencing from the first anniversary of beneficial occupation of the development. Reason: to accord with section 5.0 of the Council’s SPG (Access, Circulation & Parking) Jan 2010.

Reason: To promote the use of more sustainable transport modes. 13. E7S Details of Refuse Storage 14. C5A Construction of Site Enclosure 15. A scheme of lighting shall be submitted to and approved in writing by the

Local Planning Authority before its installation on site. All lighting is to be designed to avoid spillage outside the site footprint or onto vegetation. No direct lighting of vegetation and light spillage shall be allowed into the Roath Brook SINC or into the woodland plantation to the north of the site.

Reason: To protect the habitat of protected species. 16. C1B Materials Specification Required 17. C2N Drainage details 18. No materials, waste, arisings or plant shall be stored or operated within

the Roath Brook SINC or the woodland plantation to the north of the site, or allowed to fall, be washed or blown into it.

Reason: To protect the features of interest for nature conservation for which the SINC has been designated.

19. No equipment, plant or materials shall be brought onto the site for the

purpose of development until temporary fencing has been erected along the boundary of the site with Roath Brook, and the woodland plantation to the north of the site, in accordance with Section 4.2 Habitats (para 2) of the ‘Phase 1 Habitat Survey and Protected Species Assessment’ submitted and forming part of this application.

Reason: To prevent disturbance to sensitive habitats and European Protected Species.

20. Prior to beneficial use of the development hereby approved details of

permanent boundary treatment to be erected along the boundary of the site with Roath Brook, and along the boundary with the woodland plantation to the north of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved boundary treatment shall be erected prior to beneficial use of the development hereby approved and maintained thereafter.

Reason: To prevent disturbance to sensitive habitats and European Species.

100

21. The retail floorspace shall not exceed 2,900 sq. m. net, either by internal

or external alteration and shall only be used for the sale of convenience goods, except 725 sq. m. of the net sales area may be used for the sale of non-convenience goods and for no other purpose including those set out in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking, amending or re-enacting that Order with or without notification. (For the avoidance of doubt convenience goods shall be taken to mean: Food, and non-alcoholic beverages, alcoholic drink, tobacco, non-durable household goods, newspapers and magazines).

Reason : To prevent other retail uses or changes to the format of retail sales which would need to be fully considered separately by the Local Planning Authority in terms of development plan policies and/or government planning guidance.

22. The scheme required by Condition 15 above shall include CCTV for the

store, car park and petrol filling station. The approved CCTV scheme shall be implemented prior to beneficial use of the development and thereafter maintained.

Reason: In the interests of security and crime prevention and to ensure an orderly form of development.

23. Prior to the commencement of development a scheme of construction

management shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include details of construction traffic routes, site hoardings, site access, parking of contractors’ vehicles and wheel washing facilities. The development construction shall be managed strictly in accordance with the scheme so approved.

Reason: In the interests of highway safety and public amenity. 24. Notwithstanding the approved plans, prior to the commencement of

development a detailed specification for the petrol storage tanks and any associated works shall be submitted to, and approved in writing by the LPA. The approved details shall be implemented prior to beneficial use of the petrol filling station, and thereafter operated in accordance with the approved details.

Reason: In the interests of the control of pollution. 25. C1P BREEAM - (Non Res) Overarching Condition 26. C1Q BREEAM - (Non Res) Pre-Commencement 27. C1R BREEAM - (Non Res) Post Construction 28. The consent relates to the application as amended by the revised plans

numbered ** attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

101

29. C7R Storage of Oils, Fuels or Chemicals 30. Details of litter bins to be provided on site shall be submitted to and

approved in writing by the Local Planning Authority, and the approved details shall be implemented prior to beneficial use of the development hereby approved

Reason: In the interests of the local environment. 31. Full engineering details of the highway improvement works shown

indicatively on Drawing no. 2011-051/010 Rev R, shall be submitted to and approved in writing by the Local Planning Authority, and the works implemented prior to beneficial use of the development hereby approved. The works shall include: (i) The re-alignment and incorporation of Ipswich Road as a fourth arm

of the existing Newport Road / Rhymney River Bridge Road traffic light controlled junction;

(ii) The widening of Ipswich Road to the new egress point for the proposed store including the widening to 3 metres min. of the footway link between the proposed toucan crossing and the site access;

(iii) The provision of a Toucan crossing on Newport Road on the north western arm of the existing Newport Road/Ipswich Road/Rhymney River Bridge Road junction, unless otherwise agreed in writing by the Local Planning Authority;

(iv) A scheme of junction build-outs on Ipswich Road. 32. This consent relates to the application as supplemented by the

information contained in the letter from the applicant dated 14th March, 2012.

Reason: The information provided forms part of the application. RECOMMENDATION 2: The highway improvement works will be subject to

an agreement under Section 278 of the Highways Act 1980. During the course of the technical approval procedure associated with this agreement the applicant will be required to review and up-date the previously submitted traffic modelling data to take full account of the impact of the proposed additional toucan crossing on traffic conditions/congestion on Newport Road and the details of the above works may vary accordingly to address any concerns raised.

RECOMMENDATION 3: R1 To protect the amenities of occupiers of other

premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for

102

any proposed piling operations. RECOMMENDATION 4: R4 To protect the amenities of occupiers of other

premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 5: The applicant be aware of the requirement to obtain

the consent of the Operational Manager Street Operations prior to undertaking any works within the adopted highway.

1. DESCRIPTION OF DEVELOPMENT 1.1 The application is for the construction of a supermarket with a floor area of

6200 square metres and an associated petrol filling station with a floor area of 90 square metres. The proposed car park would provide parking for 348 cars, with an additional 25 disabled spaces, 4 motorcycle and 32 cycle spaces. The store proposes to operate between 08:00 to 23:00 Monday to Saturday and 09:00 to 17:00 Sundays. The proposed Petrol filling station would operate 07:00 to 24:00 Monday to Saturday and 08:00 to 23:00 Sundays. The proposal incorporates highway improvements including the re-alignment of Ipswich Road to become a fourth arm of the signalised junction of Newport Road with Rhymney River Bridge Road and landscaping of the site.

2. DESCRIPTION OF SITE 2.1 The application relates to a plot of brownfield land measuring 1.63 Hectares

located on the corner of Ipswich Road and Newport Road, to the south Southern Way. The site was formerly occupied by a dairy on the eastern portion of the site, which was demolished approximately 3 years ago and only the slab remains. The building on the western portion of the site was formerly a car sales showroom, but is currently occupied by a Church group. The application site lies entirely within Zone C1, as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15. The application site backs onto Roath Brook SINC.

3. SITE HISTORY 3.1 10/00141/DCO – Permission granted for the change of use of vacant car

showroom to place of worship with ancillary community facilities. 02/2432/R – Application for a ‘Class A1 retail warehouse unit’. The application

was withdrawn.

103

4. POLICY FRAMEWORK 4.1 The site is identified as existing Business, Industry and Warehousing land as

defined in the City of Cardiff Local Plan. 4.2 Relevant National Planning Guidance: Planning Policy Wales (Edition 4 February 2011) MIPPS 01/2008: Planning for Good Design TAN 4: Retailing and Town Centres TAN 5: Nature Conservation and Planning TAN 11: Noise TAN 12: Design TAN 18: Transport TAN 21: Waste TAN 22: Sustainable Buildings 4.3 The application should be considered against the following policies of the

adopted City of Cardiff Local Plan: (i) 11 ‘Design and Aesthetic Quality’ (ii) 17 ‘Parking and servicing requirements’ (iii) 18 ‘Provision for Cyclists’ (iv) 19 ‘Provision for Pedestrians’ (v) 36 ‘Alternative Use of Business, Industrial and Warehousing Land’

4.4 The following policies of the Deposit Cardiff Unitary Development Plan

(October 2003) are relevant: (i) 2.20 ‘Good Design’ (ii) 2.34 ‘Retail Development’ (iii) 2.37 ‘change of Use of Industrial and Warehousing Land’

(iv) 2.45 ‘Trees, Woodlands and Hedgerows’ (v) 2.57 ‘Access, circulation and Parking Requirements’

(vi) 2.64 ‘Air, Noise and Light Pollution’ (vii) 2.74 ‘Provision for Waste Management Facilities in Development’ 4.5 The following Supplementary Planning Guidance:

(i) Access, Circulation and Parking Requirements, Standards, January 2010; (ii) Trees and Development, March 2007; (iii) Waste Collection and Storage Facilities, March 2007.

5. INTERNAL CONSULTEE RESPONSES 5.1 The Strategic Planning Manager (Land Use Policy) (see paragraphs 8.2 – 8.8

of the analysis section)

104

5.2 The Strategic Planning Manager (Design) (see paragraph 8.9 of the analysis section).

5.3 The Transportation Policy section advises: ‘The Development Plan policies relating to transport movements seek to

support development in locations which help to minimise traffic and its environmental impacts, are well served by public transport and are easily accessible by non car modes. These requirements are echoed in the relevant retail policies in the South Glamorgan Replacement Structure Plan and City of Cardiff Local Plan. More recent national policies relating to land use and transport, in Planning Policy Wales and TAN18 place a stronger emphasis on reducing car use and ensuring that developments are accessible by sustainable transport modes in the interests of social inclusion, as well as minimising environmental impacts and the causes of climate change. TAN 18 highlights the role that integrating land use and development of transport infrastructure can play in achieving its environmental objectives transport, stating that integration can help by “encouraging the location of development near other related uses to encourage multi-purpose trips” Retail policies in Planning Policy Wales require that out of centre retail sites are only considered (when it can be demonstrated that no other sites are available when applying the sequential test) “in locations that are accessible by a choice of means of transport”. In light of the stronger emphases in national policies referred to above. greater weight should be applied to them in the assessment of this proposal in transport policy terms. These policies require that out of centre developments should be accessible by a choice of means of transport. The development in question would be an out of centre development. Evidence has been submitted which indicates that no other site is available in the area which could accommodate the development. The proposal includes a total of 348 car parking spaces and 36 on site cycle parking spaces. No modal split figures are provided in the TA or Travel Plan. However due to the nature of the development, and the out of centre location, it is likely that the majority of trips to the site would be made by car. Whilst car is likely to be the dominant travel mode, the location of the site near to a range of existing out of centre retail facilities does provide the potential for trips to the supermarket to be linked to trips other shops in the area. In terms of the availability of other transport modes, Newport Road is a major bus corridor with a number of bus services in each direction between the City Centre and St Mellons throughout the day at a 10 minute frequency. The bus stops for these services are within easy walking distance of the site, although the pedestrian crossing(s) linking to the bus

105

stop on the east side of Newport Road would provide a quite tortuous walking route to/from the store. On the east side of Newport Road, Route 3 of the Cardiff Strategic Cycle Network is currently being developed. This route will ultimately form a core route between the city centre and communities in east Cardiff. A secondary cycle route connecting to Route 3 via Ipswich Road has also been identified within the Strategic Cycle Network core route plan. In addition to the measures proposed to provide a signalised junction, the applicant has been requested to consider the provision of a staggered Toucan crossing of Newport Road on the northern arm of the new junction. This would require the widening of the footway at the south eastern corner of the site and minor amendments to the parking layout in that area. This crossing would provide a very direct link to the Route 3 cycle route, particularly for supermarket staff and customers accessing the site from the Rumney area. A pedestrian access through the eastern boundary of the site would complement the provision of the crossing. Based on the 6200 square metres of floor space proposed, the Council’s Access Circulation and Parking Guidelines would require a total of 14 long stay cycle parking spaces and 28 short stay spaces’.

5.4 The Operational Manager Transportation advises: ‘The proposed store and PFS are located on the former dairy site and

adjacent car sales use at the junction of Newport Road with vehicular access/egress to the new store achieved via Ipswich Road. The access of Ipswich Road with Newport Road is currently an unsatisfactory and uncontrolled left in/left out arrangement, and its up-grading to become a fourth arm of the signalised junction of Newport Road with Rhymney River Bridge Road has long been an aspiration of this Service Area – it not having been possible to include these works when the existing junction arrangements were provided in conjunction with the Avenue Retail Park development because the necessary land within the dairy site wasn’t available at that time. The inclusion of these works now within the current proposals therefore represents a significant benefit in terms of highway safety.

Following discussions with the highways consultant the scope of the highway

improvement works has been extended to also incorporate a toucan crossing facility across Newport Road to north of its junction with Ipswich Road. This will provide significant improvement to pedestrian and (in particular – mindful of the existing cycle path that runs adjacent to the eastern side of Newport Road) cycle access to the store. The proposed highway improvements also include the provision of a new right turning lane into Ipswich Road and a left turning lane into Rhymney River Bridge Road which will serve to maximise the capacity of the junction and mitigate against congestion at peak times. A further improvement to cycle facilities is provided by the widening of a section of the Ipswich Road/Newport Road frontage footway to facilitate its shared use by pedestrians and cyclists’.

106

Further investigation is to be carried out by the applicant to establish the impacts of the Toucan crossing upon traffic conditions. This investigation will inform the final design of the junction modifications. .

‘The above highway improvement works are shown on Dwg. No. 2011-

051/010 Rev R from DLA Architecture. Consent should be subject to a condition requiring the submission for technical approval, and implementation prior to beneficial use, of the highway improvement works shown indicatively on Dwg. No. 2011-051/010 Rev R from DLA Architecture. I would also suggest a second recommendation advising that these works will be subject to an agreement under Section 278 of the Highways Act 1980.

The developer has commissioned an Essential Audit of the proposed highway

improvement works, which was carried out by the Council’s own Audit team. This audit concluded that the proposals were generally satisfactory in terms of highway safety, but identified a number a matters of detail which can be addressed during the technical approval procedure which will be required in association with the Section 278 agreement.

A Transport Assessment from TTHC has been submitted in support of the

application and has been considered and assessed by officers within City Development (Telematics & Transport Projects). This concludes that the increased traffic generation will be within acceptable limits and will be mitigated by the proposed highway improvements together with the proposed measures to promote facilities for non car-borne modes of travel.

In addition to the highway improvements which will be constructed under a

Section 278 agreement the developer has agreed to a number of financial contributions via a Section 106 agreement. These are as follows:

£41,600 towards the provision of a variable message sign (VMS) plus associated base/ducting etc on Newport Road near its junction with Southern Way.

£26,000 towards the re-location of the existing CCTV camera near Southern Way in the event that range of vision is obstructed by the proposed development.

£3120 towards the cost of Traffic Regulation Orders (TRO) and the implementation of parking restrictions in the event that customer parking on Ipswich Road becomes problematic.

£26,000 towards the improvements to the existing cycle network in the vicinity of the site.

Satisfactory provision is made for car and cycle parking, and also for delivery vehicles, in compliance with the SPG (Access, Circulation & Parking) and conditions are required relating to their provision and future retention. As a number of existing accesses off Ipswich Road will become redundant as a consequence of the proposed development in addition to the creation,

107

together with the creation of new access and egress points to the proposed store and PFS, I would request a further condition requiring the submission of a scheme to improve/reconstruct the full length of the existing footway along the frontage of the site. I would also request further conditions relating to the submission for approval, and implementation, of a Construction Management Plan and also a staff Travel Plan’.

Transportation advise that a further condition is required to ensure the

submission of details of a scheme of junction build-outs on Ipswich Road which would facilitate/complement a future scheme of parking controls along Ipswich Road – with the works to implemented via the S278 legal agreement prior to beneficial use.

5.5 The Operational Manager Pollution Control (Contaminated Land) has no

objections subject to conditions regarding the submission of a contamination remediation strategy, ground gas monitoring and protection, contamination testing of imported soil and aggregates and an advisory note relating to contaminated and unstable land.

5.6 The Operational Manager Pollution Control (Noise and Air) has no objections

subject to a standard condition relating to plant noise, and advisory notes relating to construction site noise and future kitchen extraction from hot food preparation areas.

5.7 The Chief Highways and Waste Officer (Drainage) advises that the proposed

drainage scheme appears, in principle, to be acceptable. Surface water from the existing site which appears to be entirely hard surfaced drains to the Roath Brook which is situated immediately to the west of the site, and it is intended to replicate this basic situation for the proposed development but flows will be restricted by the installation of a number of attenuation tanks and bypass separators will be incorporated in the drainage system. It should be noted that although the EA controls the Brook, the Council maintains the culvert that conveys this watercourse under Public highways to the north of the site. Currently the Council accesses the mouth of the culvert for inspection and maintenance purposes from the application site and the applicant should note the importance of maintaining this situation and should therefore contact the Principal Engineer (Bridges) for advice on any specific requirements. Conditions are recommended requiring submission of a comprehensive drainage scheme for consideration and confirmation that free and unimpeded access by the Council to the mouth of the Roath Brook adjacent to the North West of the development will be maintained at all times in order that the authority can carry out inspections and maintenance of the culvert.

5.8 The Operational Manager Waste Management advises that the submitted

plans are now acceptable. The plans did not initially show waste storage facilities proposed for the site. The facilities have now been included on the amended site plan (within the rear service yard) and Waste Management consider them satisfactory. The applicant was requested to consider providing

108

a community recycling facility within the application site. However, upon investigation the recycling facility could not be incorporated without the loss of on site parking. The applicant is also required to provide litter bins where high levels of footfall are expected, in accordance with the provisions of the Waste Collection and Storage Facilities SPG. Condition 31 required the applicant to submit details of proposed litter bins on site.

5.9 The Operational Manager Trees and Landscaping initially expressed

concerns regarding a lack of landscaping on site. Amended plans were received, and now advises that there are no ‘in principle’ objections to the amended indicative landscaping plan. Conditions are recommended requiring a landscaping scheme including full planting and aftercare specifications, backed by drawings – e.g. tree pit sections for hard and soft landscape positions. The applicants need to demonstrate how adequate usable soil volumes will be made available to newly planted trees – in hard landscape situations especially this will likely require the use of underground load bearing soil cells and/or structural tree soils. Provision for gaseous exchange, water percolation and effective drainage must also be built into the tree pit designs.

5.10 The Strategic Planning Manager Ecology advises that conditions are required

in order to ensure that:

(i) No materials, waste, arisings or plant shall be stored or operated within the Roath Brook SINC, or allowed to deposit there.

(ii) No light spillage be allowed into the Road Brook SINC. (iii) The areas identified for protection during construction, in Section 4.2

Habitats of the Ecology report shall be protected permanently. These areas are to the west of the site along Roath Brook and to the north along the vegetation to the north of the site.

The above issues are required to be addressed via condition in order to

prevent disturbance to sensitive habitats and European protected species. It is presumed that Dormice are active in the woodland plantation to the north of the site and scrub areas to the west of Roath Brook. A dark corridor should be maintained along the Roath Brook to enable continuous flight lines for foraging bats and foraging areas for Dormice.

6. EXTERNAL CONSULTEE RESPONSES 6.1 The Environment Agency initially objected to the proposed development as:

(i) The predicted risks and consequences of flooding were not demonstrated to be acceptably managed for the lifetime of the development in accordance with TAN15 .

(ii) The applicant has not supplied adequate information to demonstrate that the risks posed to groundwater can be satisfactorily managed.

The applicant subsequently submitted a revised Flood Consequences

Assessment which addressed the predicted risks and consequences of flooding. The EA has now confirmed that the revised FCA is acceptable.

109

However, the risk of ground water contamination remains to be satisfactorily addressed.

6.2 The Countryside Council for Wales have provided the following comments:

‘We note from the Phase 1 Habitat Survey and Bat survey plan that the buildings on site have low potential to support roosting bats. In addition, as noted in the report by JFA Environmental Planning, there are existing records of dormice within the Howardian Nature Reserve. The reserve is located under 0.25km north of the site, so the woodland plantation to the north of the site and scrub areas to the west of Roath Brook that are connected to Howardian Nature Reserve may provide suitable habitat for this species. We endorse the recommendations that have been put forward in Section 4.3 and 4.4 of the Phase 1 Habitat Survey report with regard to both dormice and bats and advise that these measures are implemented via appropriate conditions attached to any planning permission’. Subject to the implementation of the recommendations set out in the above reports, we do not consider the proposed development will result in detriment to the favourable conservation status of bats. Therefore, should your authority be minded to grant planning permission, we advise that suitable conditions are attached to the permission to address the following: • The scheme shall be implemented in accordance with the

recommendations set out in Section 4.3 and 4.4 of the Phase 1 Habitat Survey report with regard to both dormice and bats’.

6.3 Dwr Cymru has provided a standard response stating no objections subject to

appropriate conditions relating to foul water and surface water being drained separately from the site and surface water not being allowed to discharge into to the sewerage system. There are also easements crossing the site, and the correspondence has been forwarded to the applicant.

6.4 The Police Architectural Liaison Officer has no objections and advises that they

have been advising the applicant prior to the submission of the application. The design of the proposed store has taken into consideration recommendations made.

6.5 Glamorgan and Gwent Archaeological Trust welcomed the submitted

archaeological assessment of the site. GGAT advised that the assessment confirmed the information held in the Historic Environment Record, that there are no known archaeological features in the application area and that previous development is likely to have destroyed any unrecorded features.

7. REPRESENTATIONS 7.1 A Letter of support has been received from Local Members Derrick Morgan

and Heather Joyce raising the following points:

(i) The proposal would bring greater shopping choice

110

(ii) Choice of foodstores to the residents of the eastern area of the city. (iii) The application site is easily accessible by public transport. (iv) The vacant site is currently an eyesore and the proposal would greatly

improve this visually prominent site. (v) The proposal should not be refused due to the site’s allocation for

business and industry. The site has been marketed for a number of years for such purposes without interest.

(vi) The adjacent wards to the site are identified as some of the most deprived in Wales according to the Welsh Index of Multiple Deprivation and the proposal would generate 300 jobs. According to Morrison’s over 72% of the jobs would be taken by unemployed people and 75% of the jobs would be taken by people living within a 3 mile radius of the development.

(vii) The benefits in terms of job creation and the redevelopment of the site are material considerations which must outweigh the policy concerns.

(viii) There would appear to be support for the proposal from local residents and Local Members from the eastern wards of the city.

7.2 A letter of support has been received from Local Member B. Kelloway and

former Local Member F. Salway raising the following points:

(i) The site is in a visually prominent ‘gateway’ position in the city and has been vacant / derelict for a number of years, giving a poor impression of the city.

(ii) The site has been vacant for a number of years and despite being marketed has failed to attract any serious interest and this represents a missed opportunity in attracting investment and employment to the city.

(iii) Part of the site is already in use as a church and therefore, a precedent has already been established for alternative uses of the site other than for business, industry and warehousing as allocated in the City of Cardiff Local Plan.

(iv) Other sites within the city which were allocated for Business, Industry and Warehousing, such as on Colchester Avenue, have been granted planning permission for residential use.

(v) Under the Welsh Government’s proposed revision of Planning Policy Wales (Chapter 7 – “Supporting The Economy”) which has recently been out to consultation, it is proposed that planning policy be updated. In the consultation document it is stated that: “the Welsh Government defines economic development as development of land and buildings for activities that generate wealth, jobs and income. Economic land uses include the traditional employment land uses (offices, research and development, industry and warehousing), as well as retail, leisure and public services. It is essential that the planning system considers, and makes provision for, the needs of the entire economy and not just those uses defined under parts B1-B8 of the Town and Country Planning Use Classes Order.” The document also states: “Planning Authorities should look favourably on applications for economic land uses which are not in accordance with the development plan if the economic benefits of the development are demonstrated to outweigh any adverse impacts.

(vi) In light of emerging National Policy and considering the Local Planning

111

Authority’s outdated Local Plan and the significant benefits which the proposal would bring in terms of economic development the proposal should be supported.

(vii) The proposed development has the potential to provide significant economic benefits to the Penylan area and the wider economy of Cardiff. The construction of the store would provide a large number of temporary jobs which would be followed by employment for 300 permanent staff. The applicant has indicated that majority of jobs would be provided for local people, and figures for 2011 indicated that 72 percent of new employees were previously unemployed. The proposal has the opportunity to provide a large number of jobs when Cardiff is experiencing an increasing unemployment levels.

(ix) The applicant has a history of providing high levels of training to employees, leading to nationally recognised accreditations and providing apprenticeships in trades such as butchery and baking.

(x) Submitted plans have been amended to address objections and the applicant is willing to carry out improvements to the local highway network to improve access and to provide the necessary financial contributions.

(xi) There is a need for the proposed type of retail development. The consultation exercise carried out by the applicant indicated support for the proposal from the public. The Council undertook a retail study approximately 4 years ago, and this is now considered out of date.

(xii) Use of the application site for Business, Industry or Warehousing would be unlikely to generate as many as the 300 jobs proposed by the applicant.

7.3 Letters were received from the occupiers of 52 Doe Close, 79 Glastonbury

Terrace Raising the following objections: (i) Loss of Church/ community centre (ii) Increased Traffic congestion and parking problems (iii) The proposal is contrary to Policy 36 ‘Alternative Use of Business,

Industry and Warehousing Land’ of the City of Cardiff Local Plan 1996 and the proposals would not preserve the strategically important site for Business Industry and Warehousing

(iv) Design (v) Landscaping (vi) Too many supermarkets and petrol stations already

7.4 Planning Consultancy DPP on behalf of Tesco Stores Ltd, object for the

following reasons:

(i) The site falls within an ‘out of centre’ location, and retail development in such locations should only be supported where applicants have demonstrated compliance with the tests of need, the sequential approach, impact and accessibility.

(ii) The submitted retail assessment acknowledges the conclusions of the Retail Capacity Study undertaken by Colliers CRE on behalf of the Council which states that once all of the commitments in the area have been taken into account, there was no quantitative need for additional convenience floorspace in the County to 2021. The report by Colliers

112

indicates a shortfall in expenditure of £73 million by 2021, equating to an oversupply of 6700 square metres, before existing commitments at 2008 were taken into account. Once commitments are taken into account this oversupply becomes even more significant reaching a shortfall of £250 million or an oversupply of 23,000 square metres of floorspace.

(iii) The assessment of retail impact prepared by the applicant indicates a convenience goods impact of 7% upon the current turnover of the Tesco store at St Mellons District Centre. This impact is considered significant and would likely harm the District Centre’s vitality and viability and may prejudice or delay proposals to further invest / implement consent for new larger Tesco store at the site.

(iv) The assessment of retail impact indicates significant levels of convenience goods impact upon District Centres including Albany and Wellfield Roads.

(v) The applicants have not undertaken an assessment of comparison goods impact.

(vi) The applicant has not demonstrated how the proposal will be accessible by a variety of non-car modes of transport.

(vii) The site is allocated as an existing employment area Policy 36 of the Local Plan permits alternative uses on the land subject to criteria. However, the 2009 Employment Land Report undertaken by GVA Grimley on behalf of the Council states that: ‘The sites employment status has been eroded and it is now a predominantly retail led area. The employment status of the area should therefore, be protected in future with preference for employment related uses and a restriction on any further retail development’. Therefore, the proposal is contrary to policy objectives.

(vii) The applicant has provided no substantial proof that the site could not be developed for an appropriate employment use.

8. ANALYSIS

8.1 This application proposes the development of a new foodstore with a gross

floorspace of 6,200 square metres comprising a net sales area of 2,900 square metres of which convenience goods would be 2,175 square metres. and comparison goods would be 725 square metres. This proposal is located within an area of existing business, industrial and warehousing land as defined in the City of Cardiff Local Plan and not in an area identified for retail use. As such Policies 36 and 50 of the City of Cardiff Local Plan and Policy E3 and R4 of the South Glamorgan (Cardiff Area) Replacement Structure Plan apply. Also of relevance is SPG ‘Safeguarding Land for Business and Industry’ (June 2006).

8.2 Business and Industry

As the proposal is for an alternative use of existing business and industrial land, the key issue arising form this policy framework is an assessment of the proposal against the following criteria:

113

• Whether there is a demand for business, industry or warehouse use on the application site

• Whether there is a need to retain the land for business, industrial and warehousing use.

Each of the above criteria have been assessed in the Retail Statement submitted in support of the planning application. The agents have provided a commercial statement from DTZ to show evidence of marketing. The majority of the site has been vacant since the beginning of 2008 when the dairy was no longer considered viable and the operations relocated to the company’s Bridgend site. By 2010 the adjacent site was also vacant. The site has been extensively marketed for a number of alternative uses since January 2010; however, despite the prominence of the site, there has been no substantial long term interest. Enquiries have been received for the use of the land as open storage but only on a short term let (3 months duration). A ‘commercial view’ from DTZ found that the prospects for attracting occupiers for office or industrial uses in the foreseeable future is negligible given the location of the site which is characterised by out of town retail and A3 uses. DTZ conclude in their statement ‘we are confident that if the use of the dairy site does not proceed for a foodstore use in the near future, this site will remain in a cleared undeveloped state for several years to come’. It is important to note however, that even where demand for the site to be retained for business, industrial or warehousing use cannot be established, other factors need to be taken into account, including locational considerations. Access to public transport links to/from the city centre and access to the M4 motorway and the primary road network are of particular importance when considering the need to protect land for business and industry. Policy affords that high priority is given to the retention of strategic employment sites for such use and proposals for alternative uses are unlikely to be permitted without strong justification. This site displays the characteristics of a strategic employment site given its direct access to the M4 motorway and existing primary road network and access to the city centre/Cardiff Bay via public transport. Indeed the agents recognise in their supporting Design, Access and Sustainability Statement, ‘the site benefits from strong connections from the A4232 to Eastern Avenue (A48) and M4 with direct links to the regional strategic highway network’.

However, despite the site’s strategic location, marketing evidence shows there is no demonstrated market interest in developing the site for business and industrial use, in part due to the prohibitive costs associated with the highway and access arrangements and flood mitigation measures which are necessary to the development of the site. The Morrison’s proposal will also create 300 jobs (part time and full time) which is considerably more than the potential 85 jobs (based on a density of 47 sq. m. per employee) should the site be developed for traditional industrial purposes (B Uses Classes). Regeneration and employment benefits may be considered a material consideration in determining this application.

114

It is accepted therefore, given the site has suffered long term vacancy despite extensive marketing and the unlikelihood of the site coming forward for employment uses there is no need to retain the site for traditional (B Use Class) employment use.

8.3 Retail The site is an out of centre location and the proposal must therefore be

considered against Policy 50 of the Cardiff Local Plan (1996) and assessed against the standard retail policy tests of Planning Policy Wales Edition 4 ‘Planning for Retailing and Town Centres’, (February 2011), and TAN 4 ‘Retailing and Town Centres’, including whether there is a need for additional retail development; the sequential approach to site selection and; the impact of the proposal on existing centres.

In support of the application a retail assessment has been provided by the

agents. 8.4 Quantitative Need The agents seek to justify the proposed convenience store on the grounds

that there is a quantitative need for the store. The quantitative need for the proposed store is based on research carried out by the applicant in the form of a household survey and an analysis of the expenditure of residents within the catchment area of the proposed store. The household survey provides information on shopping patterns and an understanding of the performance of existing stores in the catchment area and informs an analysis of the impact of the proposed store. The catchment area is defined by 11 postcodes, reflecting a 7-8 minute drive time from the application site to the eastern side of the city. The catchment area is similar to Zone 4 of the Council’s Retail Capacity Study.

A base year of 2011 and a design year of 2017 is used (the design year being when the proposed store has been developed and has established normal trading patterns after a year of full trading). The proposed foodstore will have a gross floor area of 6,200 sq. m. with a net sales area of 2,900 sq. m. of which convenience goods would be 2,175 sq. m and comparison goods 725 sq. m. The agent’s findings for quantitative need for the proposed store are summarised as follows:- • The foodstore is expected to have a turnover of £35.32 m at its opening

year of 2017. This is split between £29.30m turnover for convenience goods and £6.02m turnover for comparison goods.

• The total forecast expenditure within the catchment area for convenience

goods is estimated to grow from £224.86 in 2011 to £243.99m in 2017

115

(an increase of £19.13m) and £340.04m in 2011 for comparison goods increasing to £435.88m in 2017 (an increase of £95.84m).

• The forecast expenditure figures demonstrate that the significant forecast

growth in expenditure on comparison goods allows for the turnover of the comparison goods element of the proposed store.

• In terms of whether there is sufficient expenditure capacity available to

support the convenience element of the proposal, the agents compare the total available convenience goods expenditure within the study area (£243.99) against the benchmark turnover (£192.99) of existing convenience retailers to show the capacity which could support the development of additional convenience goods floorspace. The identified capacity at 2017 is £51.00m which the agents claim could support the convenience element of the turnover of the proposed store at 2017 which is anticipated to be £29.30m of which 90% would be drawn from the catchment area. i.e. £26.37m.

8.5 Qualitative Need To justify qualitative need agents supply a list of existing convenience goods

retailing provision in the study area which they argue is dominated by three principle stores – Asda, Pontprennau, Sainsbury’s Colchester Avenue and Tesco, St. Mellons. In terms of qualitative need agents argue that a new Morrison’s store in east Cardiff, where it is currently not represented, will provide more choice and competition between retailers and help reduce the over trading at Asda and Sainsbury’s.

8.6 Sequential Approach The sequential approach as contained in national policy requires that if need

is demonstrated for additional retail facilities, wherever possible they should be located in or adjacent to existing shopping centres with development plan status. Planning Policy Wales places the onus on developers and retailers to be flexible and innovative about the format, design and scale of the proposed development and the amount of car parking, tailoring these to fit local circumstances. Rather than proposing developments with a mixture of large scale retailing and a large amount of parking which can only be accommodated at a single out of centre site, developers are expected to demonstrate why they could not develop elements of the larger scheme on a site, or a number of sites in more central location.

In their supporting statement the agents have surveyed the closest defined

centres and other vacant sites and premises to determine whether the proposed store could potentially be accommodated in or on the edge of an existing centre and have concluded that there are no alternative sites available, suitable and viable for a large new foodstore.

116

8.7 Retail Impact

New out of centre retail floorspace should only be allowed where it does not cause or contribute unacceptable harm to the vitality and viability of existing or planned centres, or threaten strategies aimed at sustaining and enhancing them. The agents have produced an impact statement estimating the amount of expenditure that the proposal would attract and the centres and shops where current expenditure will reduce as a result. In summary the agent’s assessment of the impact of the convenience store is that:- • The store will turnover £35.32m per annum • The Sainsbury’s store at Colchester Avenue is forecast an impact of

16.8%. However, this store is overtrading and its turnover post Morrison’s is likely to be still overtrading.

• The Tesco store at Pengam Green is forecast an impact of 12.5%, Asda at Pontprennau an 11.9% impact and the Lidl store on Colchester Avenue will experience an 8% impact.

• Other out of centre stores will also experience an impact from the Morrison’s store, including, Wilkinson on Colchester Avenue and Marks and Spencer’s on Newport Road.

• Centres such as Albany Road and Wellfield Road will be impacted on by 7%;

8.8 Conclusions In summary,

• The proposal would result in the loss of a strategic employment site. However, given the site has suffered long term vacancy and marketing evidence demonstrates that the site is unlikely to come forward for traditional employment uses, the need to protect this land for employment cannot be justified as a reason for refusal of this application. There is a pressing need for the redevelopment of this site to boost investor confidence and bring the site back into beneficial use. The redevelopment of the site for retail would act as a catalyst to enable the necessary economic and physical regeneration this gateway site requires. The unique characteristics pertaining to the location of the site in a C1 Flood zone means the site has serious deliverability issues and renders the site incapable and or unviable for redevelopment for alternative uses. The Morrison’s proposal will create 300 jobs, which is a material consideration to the determination of this application.

• The retail statement accompanying the application demonstrates that

there is forecast growth in expenditure capacity to support the proposed store. In addition, in terms of quantitative need, the Council’s Retail Capacity Study identifies modest levels of convenience goods floorspace need are forecast at 2026 in Zones 1, 2 and 4, Zone 4 being the zone in which the Morrison’s store is proposed. This suggests minor gaps in food

117

provision may emerge in the east of the county over the medium to long term.

• Sequential Test - Whilst it is recognised that opportunities within existing

centres may be limited because of the format of the proposed store there are existing vacant units at Willowbrook Drive Local Centre which is a designated centre and could therefore be regarded as a sequentially preferable site. However, despite being actively marketed this site has been vacant for over 5 years, since the previous discounters went into administration. Due to the size of the site and its isolation from the wider catchment due to its location on a circular loop road and its close proximity to St. Mellons District Centre, Willowbrook lacks prominence and is an unattractive location in terms of financial viability for potential retail investors and given the long term vacancy, appears to have little or no potential to attract retail investment.

• It is therefore considered that there are no sequentially preferable sites to

locate the proposed Morrison’s store. • It is inevitable that a new Morrison’s store will have some impact on

existing turnover. The supporting statement provided by the agents clearly demonstrates that 75% of the impact of the proposed store will be experienced by other out of centre stores, demonstrating that a new Morrison’s store will compete principally with other large foodstores for main or bulk food shopping trips – i.e. Sainsbury’s, Tesco (Pengam Green) and Asda. 25% of the impact will be distributed across a number of other district and local centres; however there is no clear evidence of such a significant impact on turnover that the proposal is likely to undermine the vitality and viability of these centres. Centres such as Albany Road and Wellfield Road will be impacted on by 7%; however, due to a high student population and walk-in catchment these stores are overtrading and will continue to overtrade even if the Morrison’s proposal is implemented. Other designated centres such as Clifton Street and Crwys Road/Woodville Road may also be impacted on; however, these centres rely on top up shopping and serve a local need supporting a walk-in catchment and will not change as a result of a foodstore in this location.

. The application therefore raises no significant retail policy concerns.

However, a condition should be attached to any grant of consent in order to prevent future changes to the scale and nature of the foodstore which could adversely impact on the retail strategy of the development plan. Suggest: The retail floorspace shall not exceed 2,900 sq. m. net, either by internal or external alteration and shall only be used for the sale of convenience goods, except 725 sq. m. of the net sales area may be used for the sale of non-convenience goods and for no other purpose including those set out in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking, amending or re-enacting that Order with or without notification. (For

118

the avoidance of doubt convenience goods shall be taken to mean: Food, drink, tobacco, household cleaning products, newspapers and magazines). Reason : To prevent other retail uses or changes to the format of retail sales which would need to be fully considered separately by the Local Planning Authority in terms of development plan policies and/or government planning guidance.

8.9 Design ‘This a ‘gateway’ site into the city from the east, adjacent to the very dominant

setting of the East Moors viaduct and A48/ A4232 roundabout. The main issues to consider are: (i) whether the building responds to the local context (ii) linkages/connectivity for pedestrians and cyclists (iii) the quality of the public realm There are no issues regarding the scale and massing of the proposal. The dominant setting of the viaduct provides the context. In terms of the building and the proposed materials there are no objections. However there should be visual interest on all facades’ Amended plans were submitted during the processing of the application, following concerns expressed by the Design Team. ‘In terms of my previous comments about the presence of the building on Newport Road and the use of a landscaping setting; the proposed amendments are acceptable. The structural planting to the Newport Road frontage has been strengthened with the use of hedging and native trees. adds to the design setting of the building and provides a quality to the public realm. There are no issues regarding the increased massing of the store’. ‘A major consideration in relation to this proposal is its relationship with surrounding communities. Any pedestrian or cycle movement along Newport Road involves negotiating a wide and busy road and this significantly restricts the site’s connectivity to surrounding neighbourhoods by means of travel other than the car. It is accepted that the development site lies within reasonable geographic distance to bus stops. (The store is within the acceptable parameters of walking distances from the existing bus stops on Newport Road 190m for city centre services via a controlled pedestrian crossing and 130m for eastward bound services.) Consideration should have also been given to improving the alternative links to and from the site and the accessibility of these to all member of society. Linkage and connectivity to local neighbourhoods within walking/cycling distance are an important aspect of the proposals. For pedestrians and cyclists travelling from the Penylan area and employees from the Ipswich Road area there is concern that footpaths along Ipswich Road are of a poor quality’.

119

Condition 16 will ensure a materials specification is submitted for approval

prior to commencement of development, to ensure the appearance of the development is acceptable.

8.10 There are no residential properties within close proximity to this site, therefore,

residential amenity is not an issue for consideration. The closest residential property is located on Newport Road (the Old Pottery, approximately 170 metres away from the application site) and separated by major highways.

8.11 The Operational Manager Transportation advises that the proposed

development will enable the Local Authority to improve the highway arrangement and re-align and incorporate Ipswich Road as a fourth arm of the existing Newport Road / Rhymney River Bridge Road traffic light controlled junction, including widening Ipswich Road as far as the egress point from the new store. The developer will also be required to provide a financial contribution which will enable the provision of a Variable Message Sign on Newport Road, near its junction with Southern Way.

8.12 Council’s drainage engineer advises that the Local Authority requires access

to the mouth of Roath Brook adjacent to the north west of the application site, in order to undertake both pro-active and re-active inspections and maintenance of the culvert. The access is required to be maintained at all times to the satisfaction of the principle engineer (Bridges). The requirement for such access has been raised with the applicant and the applicant has indicated that they are willing to enter into a legal agreement with the Council to this effect. It is therefore, recommended that planning permission is granted subject to signing of the legal agreement to this effect.

8.13 Ecological impact has been assessed by Council’s Ecologists, the

Environment Agency and The Countryside Council for Wales (see paragraphs 5.10, 6.1 and 6.2 above) and no objections have been raised. The consultees welcomed the submission of the Phase 1 Habitat Survey and Conditions 15,18,19 and 20 are recommended to address the issues raised within the submitted survey and guard against light spill and to ensure that areas including the Roath Brook SINC along the western boundary of the site and the woodland plantation along the northern boundary of the site are fenced off both during construction and post construction with permanent fencing, to ensure that the habitats of European protected species are not adversely affected.

8.14 The application site is located within Zone C1 as defined by the

Development Advice Map (DAM) referred to in TAN 15 (Development and Flood Risk). TAN 15 advises that new development should be directed away from zone C. However, the TAN also states: ‘Some flexibility is necessary to enable the risks of flooding to be addressed whilst recognising the negative economic and social consequences if policy were to preclude investment in existing urban areas, and the benefits of re-using previously developed land’. It should be noted that this is a brownfield development located within an existing urban area. The applicant has designed the

120

proposed supermarket (which is categorised as ‘less vulnerable development’) on stilt foundations in order to mitigate the risks posed to the development and to the wider area by flooding. The Environment Agency is satisfied with the revised Flood Consequences Assessment, (as detailed in paragraph 6.1 above).

8.15 As discussed above the application site is identified as existing business,

industrial and warehousing land as defined in the City of Cardiff Local Plan, and not in an area identified for retail use. However, given the considerable period of time which the site has been vacant, despite marketing, it is evident that there is no current demand for the use of the site for business, industry or warehousing. The site is located in a strategic position entering the city and the continued largely derelict condition of the site is considered to project a poor image of the city. It is considered that the proposed development would not only enhance the visual appearance of the site but would provide a significant financial investment in the city and would enable upgrading and reconfiguration of the Ipswich Road / Newport Road junction. The proposed store would generate approximately 300 jobs, which would largely be for local people and would provide a significant number of jobs during the construction process. The applicant has provided an assessment which shows an increase in both convenience and comparison goods sales between 2011 and 2017 which would support the need for the proposed store. It is considered that the store would provide a greater quality of choice for residents in the eastern area of Cardiff. The sequential approach highlights that there are no other viable sites for the store to locate near existing retail centres. Regarding retail impact, it is considered that 75% of the impact of the proposed store will be experienced by other out of centre stores, demonstrating that a new Morrison’s store will compete principally with other large foodstores for main or bulk food shopping trips – i.e. Sainsbury’s, Tesco (Pengam Green) and Asda. 25% of the impact will be distributed across a number of other district and local centres; however there is no clear evidence of such a significant impact on turnover that the proposal is likely to undermine the vitality and viability of these centres.

8.16 It is recommended that planning permission be granted for this

development subject to the attached conditions, the provision of the required financial contributions required by the Operational Manager Transportation (see paragraph 5.4), which is to be secured via a Section 106 agreement, and the highway improvements which will be subject of a Section 278 Agreement.

121

122

123

124

125

126

127

LOCAL MEMBER OBJECTION COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/137/DCO APPLICATION DATE: 15/02/2012 ED: RADYR APP: TYPE: Full Planning Permission APPLICANT: Mr Traylor LOCATION: LAND AT 17, AEL-Y-BRYN, RADYR, CARDIFF, CF15 8AZ PROPOSAL: PROPOSED SPLIT LEVEL 3 BEDROOM DETACHED DWELLING ON A VACANT PLOT. ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to

the following conditions:

1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

received on 13th April 2012 numbered SCHD(A)100A, SCHD(A)101C, SCHD(A)102B, SCHD(A)103B, SCHD(A)104B, SCHD(A)105B, SCHD(A)106B and SCHD(A)107, and as supplemented by the additional information (Tree Survey and Constraints Plan, Arboricultural Implications Assessment, Method Statements and Tree Protection Plan) received on 21st March 2012, attached to and forming part of this planning application.

Reason: The plans and additional information amend and form part of the application.

3. Prior to the development hereby permitted being brought into beneficial

use provision shall be made within the site for the parking of vehicles in accordance with details to be submitted to and approved by the Local Planning Authority, such approval to be obtained prior to the commencement of development. The parking area shown in the approved details shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles.

Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

4. Prior to the commencement of development, details of the proposed

access onto Cae'r Graig, including construction details of the driveway, shall be submitted and approved in writing with the Local Planning Authority and thereafter implemented and retained. These details shall ensure that the gradient of the driveway does not exceed 1 in 12.

Reason: In the interest of highway and pedestrian safety, in accordance

128

with policy 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

5. Prior to the commencement of development a scheme of construction

management shall be submitted to and approved in writing by the Local Planning Authority, to include details of construction traffic routes, site hoardings, site access and wheel washing facilities. The construction shall be managed strictly in accordance with the approved scheme.

Reason: In the interests of highway safety and public amenity, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.

6. Any topsoil [natural or manufactured],or subsoil, to be imported shall be

assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the local planning authority.

Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.

7. Any aggregate (other than virgin quarry stone) or recycled aggregate

material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the local planning authority.

Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan

8. No development shall take place until a site assessment, including ground

permeability testing as appropriate, has been undertaken to ascertain whether sustainable drainage techniques such as soakaway drainage and permeable paving can be utilised for the disposal of surface water run-off and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved in writing by the local planning authority, which shall include sustainable drainage techniques if,

129

as a result of the ground permeability tests, these have been found to be feasible. No part of the development shall be occupied until the drainage scheme is carried out and completed as approved.

Reason: In the interests of the proper drainage of the site, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan.

9. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order), no structure or extension shall be placed within the curtilage of the dwelling hereby approved or any alteration made to the roof, nor shall any windows or other openings be made in the external walls of the dwelling other than those shown on the approved plans.

Reason: In the interests of residential amenity and privacy, in accordance with policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan.

10. Prior to the commencement of development, a scheme for boundary walls

and/or fencing shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the first occupation of the dwelling hereby approved and thereafter maintained.

Reason: In the interests of visual and residential amenity, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan.

11. The building hereby approved shall meet the BRE Code for Sustainable

Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate).

Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011).

12. Construction for any dwelling hereby permitted shall not begin until an

‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved.

Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011).

13. Prior to occupation of the individual dwelling(s) hereby permitted a Code

for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit

130

under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling(s).

Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011).

14. No equipment, plant or materials shall be brought onto the site for the

purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme.

Reason: To maintain and improve the appearance of the area in the interests of visual amenity, in accordance with policies 3 and 11 of the City of Cardiff Local Plan (1996) and policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan (2003).

15. Any trees, plants, or hedgerows which within a period of five years from

the completion of the development die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation.

Reason: To maintain and improve the appearance of the area in the interests of visual amenity, in accordance with policies 3 and 11 of the City of Cardiff Local Plan (1996) and policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan (2003).

16. No development shall take place until samples of the external finishing

materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the finished appearance of the development is in keeping with the area in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

17. No equipment, plant or materials shall be brought onto the site for the

purpose of development until retained trees on and adjacent to the site and specified on a submitted and approved plan have been protected. Unless otherwise agreed in writing by the Local Planning Authority, protection shall be maintained throughout development until all site

131

operations are complete and shall comprise of barriers of weld-mesh panels firmly fixed to a braced scaffolding framework, conforming to the current British Standard for trees in relation to construction and located to protect a working area extending not more than three metres from the outer wall of the proposed development. A small opening may be left to allow normal garden activities, but no materials, plant, equipment or waste relating to the development shall be placed, deposited or operated within the protected area. No concrete mixings, fuels or other contaminants shall be discharged where they can detrimentally affect retained trees on or adjacent to the site and fires may not be lit in a position where their flames can extend to within 5m of any part of a retained tree on or adjacent to the site.

Reason: To protect trees of amenity value that might be damaged by building works or related operations, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan.

18. Prior to the commencement of development, details of a privacy screen to

be erected to the north western side of the balcony at the rear of the dwelling at first floor level shall be submitted to and approved in writing by the Local Planning Authority and the approved screen shall be erected before the development is brought into beneficial use.

Reason: To ensure that the privacy of adjoining occupiers is protected, in accordance with policy 2.24 of the deposit Cardiff Unitary Development Plan.

RECOMMENDATION 2: The developer is advised to contact Highway

Operations, Brindley Road in order to obtain the necessary 'Road Opening Permit' required to implement the footway crossover works and any other works that are within or adjacent to the adopted highway.

RECOMMENDATION 3: The developer is advised to contact Street Lighting,

Brindley Road, in order to ascertain whether any adjustments / improvements will be required to the existing lighting column as a result of the proposals.

RECOMMENDATION 4: To protect the amenities of occupiers of other

premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 5: This development falls within an area which has a

geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult

132

with my Building Control Division. RECOMMENDATION 6: The contamination assessments and the affects of

unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils,

aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being

contaminated or potentially contaminated by chemical or radioactive substances.

• Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the

physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of

the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 7: The developer is advised that foul and surface water

discharges must be drained separately from the site. No land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system and the developer should contact the Local Authority Drainage Services for advice if it is intended to drain surface water to the public sewerage system.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application is for full planning permission for the erection of a split-level,

3 bedroom house of a contemporary design, with monopitch roofs, to be single storey rising to 2 storey on one side at the front and two storey at the rear. The building will be finished in ivory coloured render with black brickwork and dark grey profile sheet roofing. Windows and doors will be grey powder coated aluminium. There will be a terrace accessed from the living room at first floor level at the rear. The bedrooms will be at ground floor level. A

133

parking space for one vehicle will be provided at the front of the site. 1.2 The application was originally reported to the Planning Committee on

13th June 2012 and was deferred for a site visit which took place on 4th July 2012.

2. DESCRIPTION OF SITE 2.1 The site, measuring 11m x 24 to 33m, was formerly part of the rear garden of

a house which lies to the north east and is located between the existing house and a highway, Caer Graig. The land slopes steeply up from the existing house towards the highway to the south west. It is unfenced at its boundaries with the highway and the adjoining land to the south east and there are small trees and shrubs at the lower level close to the existing houses. The land to the north west remains in use as garden. The land to the south east is vacant and has recently been the subject of unsuccessful planning applications for residential development.

2.2 The rear gardens and rear elevations of houses on Graig Lwyd face towards

the front of the site. These are at a higher level than the application site and are set above a retaining wall. There are houses at a lower level on Ael Y Bryn to the north and east with rear habitable room windows facing towards the application site.

3. SITE HISTORY 3.1 07/00235/W – New dwelling (outline). Granted 06/02/08. 3.2 Adjoining site history: 09/01898/W – Construction of 2no detached dwellings -

Refused; 10/01589/DCO – Construction of 2no detached split-level dwellings - Refused.

4. POLICY FRAMEWORK 4.1 Cardiff Local Plan –

10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 17 (Parking and Servicing Facilities); 28 (Subdivision of Residential Property); 30 (Insensitive or Inappropriate Infilling).

4.2 Supplementary Planning Guidance - Access, Circulation and Parking

Standards (January 2010); Cardiff Residential Design Guide (March 2008); Trees and Development (March 2007); Waste Collection and Storage Facilities (March 2007); Infill Sites (April 2011).

4.3 Deposit Cardiff Unitary Development Plan –

2.20 (Good Design); 2.22 (Subdivision of Residential Properties);

134

2.24 (Residential Amenity); 2.45 (Trees, Woodlands and Hedgerows); 2.57 (Access, Circulation and Parking Requirements); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development).

4.4 Planning Policy Wales (2011):

3.1.7: The planning system does not exist to protect the private interests of one individual against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest. The courts have ruled that the individual interest is an aspect of the public interest and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties. However, such consideration should be based on general principles, reflecting the wider public interest (for example a standard of “good neighbourliness”) rather than the concerns of the individual. 4.4.2: Planning policies and proposals should • Promote resource-efficient and climate change resilient settlement

patterns, wherever possible avoiding development on greenfield sites • Locate developments so as to minimise the demand for travel, especially

by private car • Facilitate sustainable building standards • Ensure that all communities have sufficient good quality housing –

including affordable housing – in safe neighbourhoods.

4.6.4: Local planning authorities should assess the extent to which developments are consistent with minimising the need to travel and increasing accessibility by modes other than the private car. Higher density development should be encouraged near public transport nodes or near corridors well served by public transport. 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. Local planning Authorities should reject poor building and contextual designs. 4.10.11: Local planning authorities and developers should consider the issue of accessibility for all. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.11.3: Development proposals should also include features that provide effective adaptation to and resilience against the current and predicted future effects of climate change, for example by incorporating green space to provide shading, sustainable drainage systems to reduce run-off, and are designed to prevent over-heating and to avoid the need for artificial cooling of

135

buildings. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 9.1.1 : The Assembly Government will seek to ensure that previously developed land is used in preference to Greenfield sites; new housing and residential environments are well designed, meet national sustainability standards and make a significant contribution to promoting community regeneration and improving the quality of life, and new housing development in towns, villages and edge of settlement locations is a mix of affordable and market housing that retains and where possible enhances important landscape and wildlife features in the development. 9.2.13: Sensitive design and good landscaping are particularly important if new buildings are successfully to be fitted into small vacant sites in established residential areas. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an area’s character and amenity.

4.5 Technical Advice Note 12 (Design):

5.11.2 Development proposals, in relation to housing design should aim to: • create places with the needs of people in mind, which are distinctive and

respect local character • promote layouts and design features which encourage community safety

and accessibility • focus on the quality of the places and living environments for pedestrians

rather than the movement and parking of vehicles • avoid inflexible planning standards and encourage layouts which manage

vehicle speeds through the geometry of the road and building • promote environmental sustainability features, such as energy efficiency,

in new housing and make clear specific commitments to carbon reductions and/or sustainable building standards

• secure the most efficient use of land including appropriate densities • consider and balance potential conflicts between these criteria. 5.11.3: The design of housing layouts and built form should respect local context and distinctiveness, including topography and building fabric.

5. INTERNAL CONSULTEE RESPONSES 5.1 Operational Manager Transportation: No objections subject to approval of

parking details (the parking space should measure 2.4m wide x 4.8m long and the footway crossover should be 3m wide), approval of details of the proposed access onto Caer Graig (including construction details of the driveway and ensuring that the gradient does not exceed 1 in 12) and a construction management plan. The developer will require a “Road Opening Permit” to

136

implement the works within or adjacent to the adopted highway and the existing lighting column may have to be altered.

5.2 Chief Officer Highways and Waste Management (Drainage): No objection

subject to a condition requiring ground permeability tests to be undertaken to ascertain whether sustainable drainage techniques can be utilised and approval of a drainage scheme for the disposal of both surface water and foul sewage. No discharge of surface water from the completed development including driveways and/or private roads will be permitted to drain to the public highway or any highway drain.

5.3 Pollution Control (Noise & Air): Standard recommendation relating to

construction site noise. 5.4 Pollution Control (Contaminated Land): Should there be any importation of

soils to develop the garden area then it must be demonstrated that they are suitable for the end use. Conditions are requested relating to imported materials and standard recommendations are made relating to radon gas protection and contaminated/unstable land.

5.5 Chief Officer Highways and Waste Management (Waste): No objections. 6. EXTERNAL CONSULTEES RESPONSES 6.1 Welsh Water: Foul and surface water discharges must be drained separately.

No surface water shall be allowed to connect to the public sewerage system unless agreed by the local planning authority. No land drainage will be permitted to discharge to the public sewerage system.

6.2 Radyr and Morganstown Community Council: Object to the application. Under

the planning consent given to application 07/235/W in February 2008, condition 3 states that the split-level design should be as “indicated in illustrative drawing 2006/OP500/02’’ … “in order to ensure the development does not have an overbearing or overshadowing effect on the existing properties in Ael y Bryn”. That drawing shows a 2 storey dwelling. Although the amended proposed dwelling has been moved away from No. 17 by some 2m it is still a 3-storey building with an attic room now added to the top floor. The roof line, especially the highest ridge height, as viewed on the north east facing elevation, and therefore from the garden of no. 17 Ael y Bryn, appears to be higher than expected for a building which should be, overall, two storeys. The Community Council considers the proposed building to be overbearing on the site because of the extremely steep slope with very large windows to north. We also feel that this application contravenes the Infill Supplementary Planning Guidance as follows:

1.3: We feel that the proposed development harms the amenity of existing

occupiers, making a negative contribution to the community by not responding to the context and character of the area.

1.6: While gardens may be considered to be brownfield sites, the proposed development would damage the character and residential amenity of

137

the existing residential area. 2.2: The proposed development will result in a more intensive use of land

by building on existing gardens. 2.15: By developing the back gardens of a house, the proposed development

will have an adverse effect on the biodiversity and amenity of the site. The significant differences in ground surface height together with the loss of green space will increase surface water runoff.

7. REPRESENTATIONS 7.1 The application has been advertised by neighbour notification. The residents

of 19 Ael Y Bryn object to the application on the following grounds:

1. Loss of privacy caused by large windows and patio doors of habitable rooms being angled towards 19 Ael Y Bryn. These should face towards the open land at the side instead.

2. Overshadowing of their rear garden. 3. The building will be overbearing 4. The proposal contradicts the Council’s adopted planning guidelines in the

Supplementary Planning Guidance “Infill Sites”. 7.2 Councillor McKerlich states that he objects to the development for the reasons

given by the Radyr and Morganstown Community Council and he also believes that a precedent has been set by the recent refusal of planning permission for the construction of two houses in the gardens of 11, 13 and 15 Ael Y Bryn.

8. ANALYSIS 8.1 The site lies within a residential area and outline planning permission has

previously been granted for the erection of a dwelling on this site therefore there are no objections to the principle of the proposed development. The issues to consider are the impact on visual amenity and the character of the area, and the impact on the amenities of adjoining residents.

8.2 The dwelling would be of a contemporary design which would contrast with

the traditional 1970’s suburban style found in the surrounding area. However, this is considered acceptable as the site when viewed from the public highway is not immediately adjacent to existing dwellings (only the rear boundaries of houses face onto this part of Caer Graig, the first houses to front the road being around 80m to the south), the elevation facing onto the highway will be relatively low and the building will not appear out of place in the street scene.

8.3 With regard to the impact on residential amenity, from the rear the topography

of the steeply sloping site means that the property is elevated above Ael-y-Bryn. The form and height of the highest part of the roof slope emphasises the scale of the building, which is further reinforced by the large windows and balcony area at the upper floors. The plans have been amended to reduce the depth of the building’s footprint and site it further forwards towards Caer Graig

138

and this has gone some way towards reducing the overbearing impact to the north, although the projecting element of the mono-pitched roof still emphasises the scale of the development when viewed from Ael Y Bryn and there will still be a balcony and large window areas on the north east elevation. However, the development will be more than 21m from the rear windows of 17 and 19 Ael Y Bryn (and around 20m from a conservatory at the rear of no. 19) and retained trees and shrubs, landscaping and fencing will provide a certain amount of screening as will the balustrade to the first floor balcony. The amendments to the plans have reduced the height of the highest part of the roof, reduced the area of glazing to the upper rear elevation and altered the details of the balcony balustrade to reduce visibility. Although the perception of overlooking will be greater because of the building’s location on higher ground, it is considered that the distance between the proposed building and the habitable room windows of existing houses is acceptable for the maintenance of privacy and that the impact of the appearance of the dwelling can be mitigated by the use of appropriate landscaping.

8.4 The development will not result in a significant amount of overshadowing of

neighbouring properties. A shadow cast report submitted with the application states that there would be minimal impact in Spring, Summer and Autumn months and that shading would occur in the winter months only from mid-day onwards, when natural overshadowing is caused by the topography of the site from around 2pm anyway. This limited impact is considered acceptable.

8.5 Regarding the objections received:

1. The impact on privacy is assessed above. The applicant wishes to retain large windows and a balcony at the rear of the house in order to take advantage of the extensive views to the north and east. The “open land” at the side is likely to be developed in the future given that outline planning permission has been granted for residential development.

2. The shadow cast report shows that the development would cause little additional overshadowing of neighbouring properties. Overshadowing would not be significant enough to warrant the refusal of planning permission.

3. The building will be split-level, as approved in the outline planning consent granted in 2008, which minimises its impact on neighbouring properties. According to the submitted sectional drawings, it will be around 6.5m tall at the rear and set 3m above the level of the gardens of the houses on Ael Y Bryn (i.e. the apex of the roof will be 9.5m above ground level at the rear of Ael Y Bryn) and will be at a distance of 14 to 16m from the rear site boundary and around 21m from the nearest windows in the neighbouring houses. It is not considered that a structure of this height at this distance from the neighbouring property will be unacceptably overbearing.

4. The proposal is considered to be in accordance with the Supplementary Planning Guidance “Infill Sites” – it successfully responds to character and context, there is sufficient amenity distance between the proposed house and existing development, it provides an adequate amount of useable garden space and leaves the existing house with an adequate

139

amount (in this case more than 80 square metres), maintains appropriate scale and massing and responds well to the existing street scene. There is concern that the frontage will be taken up by car parking and will not provide adequate space for substantial landscaping; however, this situation arises because the building has to be kept as far away as possible from the houses at the rear in order to maintain privacy and amenity standards, and on balance is considered acceptable.

8.6 In response to the objections raised by the Radyr and Morganstown

Community Council: The drawings submitted with the outline planning application show a house with a lower maximum ridge height but these were indicative only and the current application is not bound by that consent, which expired in February 2011. Furthermore, the indicative outline drawing shows a house with a first floor balcony at the rear which would have been closer to the houses on Ael Y Bryn than is the currently proposed development. The issue of whether the building will be overbearing and whether it is in accordance with the relevant SPG is discussed above. There will not be any measurable adverse impact on biodiversity – there are no significant species on the site that will be disturbed by the development, there was no control over the management of the former garden (e.g. it could have been paved or managed as a species-poor lawn area) and the site will be landscaped following development which could improve its biodiversity value. No objections have been raised by the Council’s Drainage Engineers regarding surface water run-off: a drainage scheme will be required to be approved and this will include sustainable urban drainage techniques if soakaway tests show that these are feasible.

8.7 Regarding Councillor McKerlich’s assertion that the refusal of the application

for residential development on the adjoining site sets a precedent for refusal of this application, this is not considered to be the case – each application must be determined on its own merits. The proposed dwellings on the adjacent plots were larger (two storeys to the front elevation and three to the rear, with a maximum height of around 10m above their rear garden area and around 16m above the rear gardens of houses on Ael Y Bryn), with much shorter rear gardens (8.5m and 9m) and of an awkward design which attempted to fit a standard suburban house type onto a very constrained, sloping site and which resulted in what may be considered to be an “alien and incongruous” form of development.

8.8 In conclusion, it is considered, on balance, that the proposal is acceptable. The appearance of the building will harmonise with the surrounding area and there will be no detriment to the street scene, the distance between the windows of the new building and existing properties will be in accordance with adopted guidelines and the impact on the amenities of residents of adjoining properties can be mitigated through the use of screening and landscaping. It is recommended that the application be approved subject to the conditions set out above.

140

141

142

143

144

145

146

147

148

LOCAL MEMBER CONCERNS COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/438/DCO APPLICATION DATE: 15/03/2012 ED: PENYLAN APP: TYPE: Reserved Matters APPLICANT: Bellway Homes Limited LOCATION: FORMER TY GWYN SPECIAL SCHOOL, TY-GWYN ROAD, PENYLAN, CARDIFF, CF23 5JG PROPOSAL: APPLICATION FOR APPROVAL OF RESERVED MATTERS (OUTLINE APPLICATION 11/00150/DCO) IN RESPECT OF RESIDENTIAL DEVELOPMENT FOR 23 NO. 3, 4 AND 5 BED HOMES WITH ASSOCIATED PARKING, HIGHWAYS AND LANDSCAPING ___________________________________________________________________ RECOMMENDATION: That approval of reserved matters be GRANTED

subject to the following conditions: 1. All the conditions imposed on notice of outline planning permission

(reference 11/00150/DCO dated 10/06/2011) are hereby reiterated in as much as they relate to the development and have yet to be discharged in writing by the Local Planning Authority.

Reason: For the avoidance of doubt as to the conditions of the planning permission.

2. The development hereby permitted shall not be carried out except in

complete accordance with the details shown on the submitted plans, drawings and schedules, as follows:

Received on 15th March 2012 –

2080-2; G2755(05)124; G2755(05)125 A; G2755(05)126 A; G2755(05)127 A; G2755(05)128; G2755(05)129 B; G2755(05)130 A; G2755(05)131; G2755(05)132 B; G2755(05)133 C; G2755(05)134; G2755(05)135 C; G2755(05)136; G2755(05)137 A

Received on 30th March 2012 – 6274/S278-02 Rev B; 6274/SK10 Rev H; Received on 8th May 2012 –

G2755(05) 01 A; G2755(05)120 B; G2755(05)121 A; G2755(05)122 B; G2755(05)123 B; G2755(05)141; G2755(05)142; G2755(05)143; G2755(05)144

Received on 18th May 2012 –

149

Broadway Tree Consultancy Tree Report May 2012; Tree Constraints Plan and Proposals; Arboricultural Implications Assessment; Method Statement Received on 31st May 2012 – Soft Landscape Management Plan Received on 25th June 2012 – G2755(05)200 Rev H; G2755(05)201 Rev J; UG1369-001 Rev E; 6274/AT1 Rev A; G2755(90)400; G2755(90)401; G2755(05)138 Rev A; G2755(05)139 Rev B; G2755(05)145; G2755(05)146; G2755(05)147 rev A; G2755(05)148; UG1369-A(91)-0001 Rev A ; Plant Schedule. Reason: For the avoidance of doubt as to the extent of the planning permission.

3. Prior to the construction of any building above foundation level, samples

of the external finishing materials for the dwellings, garages and boundary walls shall be submitted to and approved in writing by the Local Planning Authority. The buildings and walls shall be constructed in accordance with the approved details.

Reason: To ensure that the finished appearance of the development is in keeping with the area, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

4. Prior to the surfacing of the approved roads, details of the colour and

finish of the roads shown as “red coloured tarmac” on drawing number UG1369-001 Rev E shall be submitted to and approved in writing by the Local Planning Authority. The roads shall be surfaced in accordance with the approved details.

Reason: To ensure that the finished appearance of the development is in keeping with the area, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

5. The boundary walls and fencing as shown on drawings numbered

G2755(90)400 and G2755(90)401 shall be erected prior to the first occupation of any dwelling hereby approved and thereafter maintained.

Reason: In the interests of visual and residential amenity, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan.

6. None of the dwellings shall be occupied until details of the proposed gate

on the boundary between the application site and Sovereign Chase, including any associated signage, have been submitted to and approved in writing by the Local Planning Authority and the approved gate shall be installed prior to the first occupation of any dwelling hereby approved and thereafter maintained.

Reason: In the interests of visual and residential amenity, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan.

150

7. The first and second floor windows on the south east elevation of the

house on plot 9 shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained.

To ensure that the privacy of adjoining occupiers is protected in accordance with policy 2.24 of the deposit Cardiff Unitary development Plan.

8. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the north west elevation of the building on plot 12.

Reason: To ensure that the privacy of adjoining occupiers is protected in accordance with policy 2.24 of the deposit Cardiff Unitary development Plan.

9. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order), no extension shall be added to the part of the dwelling on plot 12 shown as garage and laundry with hobby/games room above nor shall any alteration be made to the roof of that part of that dwelling.

Reason: To protect the amenity and privacy of neighbouring residents, in accordance with policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan.

10. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the north elevation of the building on plot 1 other than those shown on the approved plans.

Reason: To ensure that the privacy of adjoining occupiers is protected in accordance with policy 2.24 of the deposit Cardiff Unitary development Plan.

11. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order), no structure or extension more than one storey in height shall be placed within the curtilage of the dwelling on plot 20.

Reason: In the interests of the privacy of the occupiers of neighbouring dwellings, in accordance with policy 2.24 of the deposit Cardiff Unitary Development Plan.

12. Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order), no gates or other barriers shall be erected which would control access into and out of the application site.

Reason: To ensure that the development remains visibly connected to

151

and integrated with the surrounding community and adjacent street networks, in accordance with paragraphs 5.11.6 and 5.17.6 of Planning Policy Wales Technical Advice Note 12 (Design).

13. Prior to the commencement of development, detailed plans showing the

method of disposal of all surface water drainage from all roads and footpaths within the site and details of street lighting within the site shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure an orderly form of development and to make provision for satisfactory access to any dwelling by the future occupants, in accordance with policies 17, 18 and 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 This application is for approval of all reserved matters (access, appearance,

landscaping, layout and scale) following the grant of outline planning permission reference 11/00150/DCO for residential development.

1.2 Access The only access into the site for vehicles and pedestrians will be via the

existing access onto Ty Gwyn Road which formerly served the school. New tactile paving and pedestrian crossing points will be provided at the entrance and a bus stop will be relocated further to the south on Ty Gwyn Road. The access road within the site will be a private, unadopted road and will be surfaced in block paviors where it meets the adopted highway. Vehicular movement will be along the 5.5m wide principle road, which splits to form two shared-surface cul-de-sacs at the western side of the site. A 2m footpath will be provided along one side of the internal road. Pedestrian access will be provided from the development to the adjoining public open space, although it is intended that since the road within the site will be private, a gate will be fitted to prevent public access from the park to the development.

1.3 Appearance The majority of the houses on the site will be large, two storey, 4 bedroom

detached houses with detached double garages or with attached double garages with hobby rooms or bedrooms in the roofspace. Some will have an L-shaped footprint with the garages projecting to the front of the house and one, located at the entrance to the site, will have a projecting front gable featuring an area of full-height glazing. There will also be four semi-detached, 2 storey, 3 bedroom houses. The houses will all be finished in a mixture of red or brown brick and off-white render with reconstituted stone window surrounds, plain concrete tiles, white UPVC fascias and black UPVC rainwater goods.

1.4 Landscaping The site is currently covered by hardstanding with an area of grassland to the

south west corner. There are a number of trees and shrubs around the boundary, some of which are protected by a Tree Preservation Order. Much of the existing boundary vegetation is to be retained and the only protected

152

trees that will be lost are one group of Leyland cypress/sycamore which are poor quality and growing between the boundary fences in the southern part of the site, one poor quality hornbeam to the south of the site that would have to be removed if an existing wall is replaced, and one oak in the eastern part of the site that is suppressed, in severe decline and has a limited safe life expectancy.

1.5 All of the houses will have private gardens. The development will incorporate

tree and hedge planting in gaps within the existing boundary vegetation, a number of trees alongside the road in the central part of the site and ornamental shrub beds to the fronts of the houses.

1.6 The existing boundary structures alongside Sovereign Park will be replaced

with a low brick wall topped with railings. A retaining wall will be provided at the southern end of the park boundary where there is a significant difference in ground levels. This boundary will include a gate giving access from the development into the park. Close boarded timber fencing will be used at the northern end of this boundary to provide privacy to the side and rear of plot 11.

1.7 With regard to surfacing materials, the principal road, footpath and driveways

will be of grey block paviours, grey chippings will be provided alongside the road in some areas and red coloured tarmac will be used for the two cul-de-sacs that split from the principal road at the western side of the site.

1.8 Layout The houses will be orientated along the principal road, which runs through the

centre of the site, and the cul-de-sacs to the north and south west. The 4 affordable housing units will be accessed via a courtyard leading off the principle road close to the southern boundary, with 3 of the houses fronting onto the principle road. The houses in the western part of the site will face across the shared surface roads and boundary railings towards the adjoining park, and a house of a different design to the rest of the development will be located in the narrow strip of land abutting the road close to the entrance to form a “gatehouse” feature with its active frontage facing towards Ty Gwyn Road.

1.9 Scale

The houses will be 2 to 2.5 storeys (8.5m to 9.5m) high and the majority will be large, detached buildings with footprints in the range of 10m x 13.5m to 22m x 12m. The affordable housing units will be 12m x 9.5m (semi-detached). Detached garages will measure 7m x 7m. The buildings will be of a similar scale to houses in the surrounding area, particularly on Ty Gwyn Road and Cyncoed Road.

2. DESCRIPTION OF SITE

2.1 The former Ty Gwyn School buildings have been demolished and the site has

been cleared and levelled. The site is at a higher level than the land to the west and south west. The north western boundary abuts an area of public

153

open space – Sovereign Chase – which is surrounded by a relatively new housing development. The rear boundaries of houses lie close to the western corner of the site and are separated from the application site by a narrow public footpath which leads to the University halls of residence to the south. To the north east are the rear gardens of houses on Cyncoed Road and a small infill development (Penylan Court).

3. SITE HISTORY

3.1 11/00150/DCO: Outline application for residential development. 3.2 10/02010/DCO: Demolition of existing brick block building including

caretaker’s house and outbuildings. 4. POLICY FRAMEWORK

4.1 Cardiff Local Plan –

11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 16 (Traffic Calming); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians); 30 (Insensitive or Inappropriate Infilling); 31 (Residential Open Space Requirement).

4.2 Supplementary Planning Guidance - Access, Circulation and Parking

Standards (January 2010); Cardiff Residential Design Guide (March 2008); Trees and Development (March 2007).

4.3 Deposit Cardiff Unitary Development Plan –

2.20 (Good Design); 2.24 (Residential Amenity); 2.45 (Trees, Woodlands and Hedgerows); 2.57 (Access, Circulation and Parking Requirements); 2.74 (Provision for Waste Management Facilities in Development).

4.4 Planning Policy Wales (2011):

4.10.8: Good design is essential to ensure that areas offer high environmental quality, including open and green spaces. Landscape considerations are an integral part of the design process and can make a positive contribution to environmental protection and improvement. 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. Local planning Authorities should reject poor building and contextual designs. 4.10.11: Local planning authorities and developers should consider the issue of accessibility for all. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change

154

by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.11.3: Development proposals should also include features that provide effective adaptation to and resilience against the current and predicted future effects of climate change, for example by incorporating green space to provide shading, sustainable drainage systems to reduce run-off, and are designed to prevent over-heating and to avoid the need for artificial cooling of buildings. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 5.2.9: Local Planning Authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a locality. 5.5.13: Local Authorities have a duty to ensure that adequate provision is made for the planting or preservation of trees by imposing conditions and/or by making tree preservation orders. 8.7.3: The proposed access to a development should reflect the likely travel patterns involved. 9.1.2: Local authorities should promote sustainable residential environments, avoid large housing areas of monotonous character and make appropriate provision for affordable housing. Local authorities should promote mixed tenure communities, development that is easily accessible by public transport, attractive landscapes around buildings etc. 9.3.1: New housing should be well integrated with and connected to the existing pattern of settlements. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an area’s character and amenity.

4.5 Technical Advice Note 12 (Design):

5.11.2 Development proposals, in relation to housing design should aim to: create places with the needs of people in mind, which are distinctive and

respect local character promote layouts and design features which encourage community safety

and accessibility focus on the quality of the places and living environments for pedestrians

rather than the movement and parking of vehicles avoid inflexible planning standards and encourage layouts which manage

vehicle speeds through the geometry of the road and building promote environmental sustainability features, such as energy efficiency,

in new housing and make clear specific commitments to carbon reductions and/or sustainable building standards

secure the most efficient use of land including appropriate densities consider and balance potential conflicts between these criteria.

5.11.3: The design of housing layouts and built form should respect local context and distinctiveness, including topography and building fabric. To help integrate old and new development and reinforce hierarchy between spaces, consideration should be given to retaining existing landmarks, established routes, mature trees and hedgerows within housing areas as well as introducing new planting appropriate to the area. All residential proposals

155

should seek to minimise energy demand. 5.11.4: New development should take account of the existing relationship of buildings to landscape and the local means of boundary definition. In

general, every effort should be made to orientate dwellings so that they front existing roads and spaces. 5.11.6 Street networks within housing developments should generally be interconnected or 'permeable' to facilitate safe walking and cycling. They should also connect with adjacent street networks. This does not preclude the use of cul de sacs but they should be used with caution to avoid restricting permeability. 5.17.6 Attention should be given to the following at the outset of the design process: • orientation of buildings, particularly housing, to allow natural surveillance

without compromising the need for privacy. • design features which help to define clearly public and private areas but

avoid creating a "fortress mentality", for instance through the use of symbolic barriers such as a change of surface treatment or narrowing which help to define defensible space

• use of plant species to deter access, where appropriate, and careful selection and location of plant species in order to minimise opportunity for unobserved crime

• provision of adequate street lighting. 5. INTERNAL CONSULTEE RESPONSES 5.1 Operational Manager Transportation: No objections. The proposed road

layout and parking provision are generally satisfactory. The submitted details don’t entirely meet adoption standards but are certainly adequate in terms of ensuring a decent standard of road. The intention is that the roads are to be kept private and not offered for adoption under a Section 38 highways agreement. In the interests of ensuring that future residents will have a satisfactory means of access to their dwellings a condition is requested requiring the submission for approval of details of drainage and street lighting.

5.2 Chief Officer Culture, Leisure and Parks (Parks Services):  The boundary

treatment between the development and the open space is absolutely crucial: the interface between the development and open space is fundamental to the success of the scheme. The change in levels between the Ty Gwyn site and the POS along the footpath behind the houses will need to be resolved, particularly as this will affect several trees. I’m also aware that the POS is poorly drained and wet, so runoff from the development site would have to be avoided to prevent worsening the existing problem. On plots 21 and 23 the houses are likely to be dwarfed by the hedge and Scots Pine. Development too close to existing conifers can make sale of the properties extremely difficult. The house on plot 11 will undoubtedly suffer similar problems with a number of mature trees very close to the property. Plot 3 is also likely to be subject to major shading due to the proximity of the house to the existing trees. Protection of tree 40 is of great importance. From the plan I interpret shrub planting under this, which has implications for cultivation and potential damage to roots, as well as being in a shady location, so the correct choice of

156

species would be vital if this planting bed is to proceed. 5.3 Pollution Control (Noise and Air): No comments to make. 5.4 Chief Officer Highways and Waste Management (Waste): A location for the

storage of waste and recycling, and presentation for collection, must be included on site plans and thereafter retained for future use. The vehicle tracking provided shows that turning within the cul-de-sacs and turning into the development at the main entrance is very tight: every effort should be made to make these wider if possible.

6. EXTERNAL CONSULTEES RESPONSES 6.1 Police Crime Prevention Design Advisor: The agent for this application is

working with South Wales Police in achieving the Secured by Design Award for this development, therefore South Wales Police have no objection to this application and have no further comment.

7. REPRESENTATIONS 7.1 The application has been advertised by press notice, site notice and

neighbour notification. 3 letters of objection have been received from residents of Ffordd Cwellyn and one from a resident of Ty Gwyn Road. Their concerns are as follows:

1. The ground to the rear of the houses at 51 and 53 Ffordd Cwellyn is at a

higher level – houses 12 and 16 will be overbearing and cause loss of light, loss of view and loss of privacy.

2. The fence closest to the rear of 51 and 53 Ffordd Cwellyn should be taller and trees should be planted to screen the new development.

3. Drainage is already poor at the south west corner of the site and the development will make it worse. The adjoining gardens will be adversely affected.

4. Residents will suffer disturbance from construction work over a considerable period of time.

5. Properties adjacent to the site will lose value and be difficult to sell. 6. Access between the development and the park will provide a route for

potential wrong-doers. If that is allowed, the existing footpath at the rear of 51 and 53 Ffordd Cwellyn should be closed as it has been the site of low level nuisance in the past.

7. Paving slabs on Ty Gwyn Road are to be replaced by tarmac, which will be out of character.

7.2 Councillor Bill Kelloway and former Councillor Freda Salway, whilst indicating

that they are generally in support of the application, have also passed on concerns they have received from a resident of 6 Penylan Court regarding the house that is proposed to be built next to her home, which are:

(a) She is concerned at the close proximity of the proposed property and the

possible adverse effect that the construction phase could have upon her

157

property. (b) She is concerned at the size of the proposed house which she points out

will extend the full length of her house and a significant distance along her garden.

(c) She is concerned that the proposed property is not only larger in terms of the proposed footprint but also it will be higher than her house – thus having a dominating and overbearing effect upon her home.

(d) She is concerned that the proposed property will result in a loss of light and privacy to her home.

They ask if this particular element of the application could be looked at again with a view to the proposed property being relocated to a position which would have less of an impact upon the property at 6, Penylan Court.

8. ANALYSIS 8.1 With regard to the scale of the development, the height and footprint of the

buildings and the density of the development are considered to be appropriate to the character of the area and there are no objections to the appearance of the proposed dwellings, which harmonises with that of the existing houses around the site.

8.2 The layout is acceptable in that it responds to the context and site boundaries.

It takes account of the principles in the Cardiff Residential Design Guide SPG, i.e. the buildings are orientated in a perimeter block arrangement which maximises overlooking of the street and the park, creates active streets and creates defensible spaces.

8.3 Proposed landscaping details are broadly acceptable although further

information regarding planting beneath the oak tree on the western boundary will have to be obtained via a condition of consent. Overall, the scheme allows for the retention of the majority of the vegetation and protected trees around the site. One point of concern is the impact of overshadowing from the conifer trees on the southern boundary adjacent to the affordable housing (plots 20 and 23). However, the application has been amended to reposition the houses slightly and to show that some of the trees on the boundary will be removed, which will enable a little more light to reach the adjoining properties, Some screening should remain along this boundary as it is very close to the student halls of residence which have windows in the elevations facing towards the application site.

8.4 Access details are satisfactory. The submitted tracking diagram shows that

manoeuvring for refuse vehicles within the site will be tight but achievable. The roads will remain private therefore do not have to be constructed to adoptable standard. Pedestrian access into the adjoining park will be provided for residents of the development. However, given that the roads within the development will be private, the access will not be available to the general public. Details of the gate can be obtained via a planning condition as these have not been provided as part of the application.

8.5 With regard to the objections received:

158

1. House 16 will be around 30m away from 51 Ffordd Cwellyn at its closest

point. House 12 will be 10m from no. 53 but the closest part of the house will be the garage/games room, which is not as tall as the main house and which has been amended so that it has a lower roof which is hipped on the side closest to the neighbouring houses. It will also face away from no. 53 at an angle, with the rear corner of the garage being the closest part. The amendments are considered to mitigate the impact that the building will have in terms of appearing overbearing and are considered acceptable. Overshadowing of neighbouring properties will not be so severe as to warrant the refusal of planning permission (it should be noted that currently there are trees along this boundary which already cause a certain amount of overshadowing) and there will be no loss of privacy as there will be no windows in the side or rear elevations of the garage/games room. Loss of view is not a material planning consideration: there is no obligation to preserve a view for one person across another person’s land.

2. The boundary closest to the rear of 51 and 53 Ffordd Cwellyn is shown as facing brick part retaining wall with a minimum height of 1.8m. Further details of the boundary treatment for this part of the site can be obtained via a planning condition to ensure that it will be of an appropriate height.

3. The development is unlikely to make the drainage situation worse as new surface water drainage facilities will be provided to serve the development. Surface water drainage details are to be dealt with via a condition of the outline planning permission and are not relevant to this application.

4. A construction management scheme is required as a condition of the outline permission, which will minimise disruption caused by building works. Matters such as dust and noise are controlled under environmental health legislation. It would be unreasonable to refuse planning consent on the grounds of the temporary disturbance that would be caused by construction.

5. The impact of development on property values and saleability is not a material planning consideration.

6. There will be no public access between the development and the park. 7. Replacement of footpath/highway surfaces does not require planning

permission. The use of tarmac for alterations to Ty Gwyn Road close to the site entrance has been agreed with the Highway Authority as part of the section 278 works associated with the development.

8.6 The concerns of Councillor Bill Kelloway and former Councillor Freda Salway,

in relation to 6 Penylan Court are considered to have been addressed by amended plans which show the house on plot 9 moved around 1m further away from the boundary with the garage projection reduced to single storey with a hipped roof. The loss of roof space above the garage has been compensated for by increasing the height of the main house roof by around 0.3m and adding dormer windows to the front and a second floor window in the side elevation. The building will project only 3m beyond the rear building line of the neighbour’s house and will be to the north, therefore the impact in terms of overshadowing and overbearing appearance is considered to be

159

acceptable. There will be no habitable room windows facing towards the neighbour’s property therefore there will be no unacceptable loss of privacy. Concern regarding possible adverse impact on property caused by construction works is not a material planning consideration.

8.7 In conclusion, the details submitted for approval of the reserved matters, as amended, are considered acceptable and it is recommended that the application be approved subject to the conditions set out above.

160

161

162

163

164

165

166

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/641/DCO APPLICATION DATE: 13/04/2012 ED: LLANDAFF APP: TYPE: Full Planning Permission APPLICANT: Cardiff Metropolitan University LOCATION: UNIVERSITY OF WALES INSTITUTE CARDIFF LLANDAFF CAMPUS, 200 WESTERN AVENUE, LLANDAFF, CARDIFF, CF5 2YB PROPOSAL: DEMOLITION OF EXISTING SINGLE STOREY BUILDING KNOWN AS B BLOCK AND CONSTRUCTION OF NEW 4 STOREY BUILDING FOR CARDIFF SCHOOL OF ART & DESIGN AT THE LLANDAFF CAMPUS ___________________________________________________________________ RECOMMENDATION 1: That subject to persons having relevant interest in

this application site entering into the binding obligation in agreement with the Council under Section 106 of the Town and Country Planning Act, 1990, encompassing the matters referred to in paragraphs 8.12 and 8.13 of the Chief Strategic Planning and Environment Officer’s report, planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit 2. This consent relates to the application as supplemented by Arup’s

addendum to the Transport Assessment dated 1 June 2012. Reason: The information provided forms part of the application. 3. This consent relates to the application as supplemented by the drawings

numbered L(00)123-128 (inclusive). Reason: The information provided forms part of the application. 4. No development shall take place until ground permeability tests have

been undertaken to ascertain whether sustainable drainage techniques can be utilised and a comprehensive drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved.

Reason: To ensure an orderly form of development. 5. Prior to the construction of the building above foundation level samples of

the external finishing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing with the local planning authority.

Reason: To ensure that the finished appearance of the development is in keeping with the area.

167

6. The developer shall ensure that a suitably qualified archaeologist is

present during the undertaking of any ground disturbing works in the development area, so that an archaeological watching brief can be conducted. The archaeological watching brief shall be undertaken to the standards of the Institute for Archaeologists. The Local Planning Authority shall be informed, in writing, at least two weeks prior to the commencement of the development of the name of the said archaeologist and no work shall begin until the Local Planning Authority has confirmed, in writing, that the proposed archaeologist is suitable. A copy of the watching brief report shall be submitted to the Local Planning Authority within two months of the fieldwork being completed by the archaeologist.

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

7. C7Z Contaminated Land Measures 8. D7Z Contaminated materials 9. E7Z Imported Aggregates 10. C4X Treatment of Japanese Knotweed 11. No site clearance/demolition shall take place between 1st February and

15th August unless otherwise approved in writing by the Local Planning Authority.

Reason: To avoid disturbance to nesting birds which are protected under the Wildlife and Countryside Act 1981: Part 1, 1(1)(b), it is an offence to intentionally take, damage or destroy the nest of any wild bird while that nest is in use or being built.

12. All lighting shall be designed to avoid spillage outside the site footprint or

onto vegetation/waterways. No direct lighting of vegetation or waterways shall take place and the scheme shall provide for the prevention of light spillage into the River Taff Site of Importance for Nature Conservation.

Reason: To maintain a dark corridor to allow continuous flight lines for foraging bats and other nocturnal riparian animals.

13. No materials, waste, arisings or plant shall be stored or operated within

River Taff Site of Importance for Nature Conservation, or allowed to fall, be washed or blown into it.

Reason: To protect the features of interest for nature conservation for which the SINC has been designated.

14. C1P BREEAM - (Non Res) Overarching Condition 15. C1Q BREEAM - (Non Res) Pre-Commencement 16. C1R BREEAM - (Non Res) Post Construction

168

17. The proposed car parking and manoeuvring areas, including the service

area to the north west of the proposed building shall be laid out in accordance with the approved details before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development.

Reason: To make provision for the parking of vehicles and servicing clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

18. Details showing the provision of additional cycle parking spaces and

disabled parking spaces shall be submitted to and approved in writing by the Local Planning Authority prior to their installation on site. The approved details shall be implemented prior to the development being put into beneficial use unless otherwise agreed in writing with the local planning authority. Thereafter the cycle parking spaces and disabled parking spaces shall be maintained and shall not be used for any other purpose.

Reason: To ensure that adequate provision is made for the sheltered and secure parking of cycles and to make satisfactory provision for the parking of vehicles.

19. Prior to commencement of each phase of development a scheme of

construction management shall be submitted to and approved by the Local Planning Authority. This scheme shall include details of how the existing university will continue to operate whilst the construction is taking place, together with construction traffic routes, site hoardings, site access, parking of contractor’s vehicles and wheel washing facilities. The construction of the relevant phase shall be managed strictly in accordance with the scheme so approved unless otherwise agreed in writing with the local planning authority.

Reason: In the interests of highway safety, public amenity and to avoid any conflict situations with students and/or staff/visitors attending/working on this site.

20. C7S Details of Refuse Storage 21. C5A Construction of Site Enclosure 22. C4P Landscaping Design & Implementation Pro 23. C4R Landscaping Implementation 24. D4X Tree Protection – Complex Sites with On-Site Monitoring 25. Prior to occupation of any part of the permitted development, a verification

report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in

169

accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. The long-term monitoring and maintenance plan shall be implemented as approved.

Reason: To demonstrate that the remediation criteria relating to controlled waters have been met and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

26. Reports on monitoring, maintenance and any contingency action carried

out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority.

Reason: To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

27. If, during development, contamination not previously identified is found to

be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

Reason: It is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

28. 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 should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses shall be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall 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. . RECOMMENDATION 2: To protect the amenities of occupiers of other

170

premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: The contamination assessments and the affects of

unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils,

aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being

contaminated or potentially contaminated by chemical or radioactive substances.

• Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the

developer. Proposals for areas of possible land instability should take due account of the

physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of

the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 4: Bats often roost in houses and other buildings, and

work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. They must be given reasonable time to advise as to whether the works should be carried out and, if so, the method to be used. This legislation does not apply to bats in the living area of a

171

dwelling-house. If work has already commenced and bats are found, or if any evidence that

bats are using the site as a roost is found, work should cease and CCW should be contacted immediately.

For buildings other than a dwelling-house, no works of site clearance,

demolition or construction should take place unless a licence to disturb these species has been granted in accordance with the relevant legislation.

The Cardiff office of CCW can be contacted at : Unit 7, Castleton Court Fortran Road St Mellons Cardiff CF3 0LT Tel : 02920 772400 Fax : 02920 772412 For further advice on bats please contact : The Bat Conservation Trust Unit 2, 15 Cloisters House 8 Battersea Park Road London, SW8 4BG Tel : 02920 7627 2629 Fax : 020 7627 2628 1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Permission is sought for the demolition of an existing single-storey building

known as ‘B Block’ and the construction of a new four-storey building for Cardiff School of Art and Design at the University of Wales Institute, Western Avenue, Llandaff.

1.2 The proposed footprint would measure approximately 47 metres by 48 metres

with a maximum height of 19 metres, and would comprise four storeys of art and design studios, which would be re-located from the existing Howard Gardens campus in the City centre.

1.3 The building would be finished in vertical profiled metal cladding with

anodised finish (bronze colour) at upper floors, blue facing brickwork at ground floor, powder coated aluminium windows and natural ventilation louvres and a powder coated aluminium curtain wall system. The building would be approximately 3.8 metres taller than the existing ‘N Block’ immediately northwest of the site (see attached plans).

1.4 A new single-storey service building would be provided adjacent to the east

corner of the proposed building. It would measure 5 metres wide and 11.4

172

metres long with a height of 3.6 metres. 1.5 78 no. parking spaces would be replaced by the development and would be

repositioned elsewhere on the campus. 14 no. additional parking spaces would be provided immediately southeast of the building, together with 2 no. disabled spaces northwest of the building. The proposed car park in the north corner of the site would provide 62 no. parking spaces and be accessed from the existing main car park.

1.6 The proposals would necessitate the removal of approximately 25 no.

individual trees and 5 no. groups of ‘C’ and ‘R’ category trees along the site’s northeast boundary. Replacement planting to retain a buffer with the River Taff Corridor and maintain a wildlife corridor would be secured via relevant conditions.

1.7 The following documents have been submitted in support of the application:

(i) Design and Access Statement; (ii) Tree Survey; (iii) Flood Consequences Assessment; (iv) BREEAM Pre-Assessment; (v) Demolition Statement; (vi) Travel Plan; and (vii) Extended Phase 1 Habitat Survey.

1.8 A separate application for Conservation Area Consent to demolish the

existing building has also been submitted to the local planning authority and is also presented to this Committee for determination (ref. 12/642/DCO).

2. DESCRIPTION OF SITE 2.1 The site lies within the UWIC Llandaff campus, which is located within the

Llandaff Conservation Area. The River Taff Site of Importance for Nature Conservation (SINC) is located to the northeast and a public footpath runs along the site’s northeast boundary.

2.2 The existing campus comprises a mix of single, two, three and four-storey

buildings. 2.3 The northeast boundary contains tree planting which acts as a buffer screen

to the River Taff corridor further east as well as an important wildlife corridor. 2.4 The site is generally flat and level and measures approximately 0.83 hectares. 2.5 The site lies entirely within Zone C1, an area served by significant flood

defence infrastructure. 3. SITE HISTORY 3.1 11/607/DCO: Permission granted June 2011 for proposed re-locatable

173

modular shower, changing and cycle storage facility to be located within existing courtyard between a, b & d blocks of UWIC’s Llandaff campus.

3.2 10/482/W : Permission granted June 2010 for New medium-term temporary

office (portakabin type) with new storage container. Recycling and waste bins. 3.3 10/404/W : Permission granted May 2010 for 2-storey extension to 'a' block at

entrance to UWIC Campus to provide student hub and corporate reception 3.4 06/2240/W : Permission granted January 2008 for construction of a new 4

storey extension of existing d block to form a food industry centre to improve existing facilities on the site

3.5 05/2790/W : Permission granted December, 2006, for proposed lecture

theatre in courtyard and extension to block d to provide new lift, staircase and toilets

3.6 00/803/W : Permission granted June 2000, for alterations to hall. 4. POLICY FRAMEWORK 4.1 Planning Policy Wales, 4th Edition (February 2011). 4.2 Technical Advice Notes (TANs):

5 Nature Conservation and Planning (2009) 12 Design (2009) 15 Development and Flood Risk (2004) 18 Transport (2007) 22 Planning for Sustainable Buildings (2010)

4.3 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April

1997):

EV1 Towards Sustainable Development MV1 Location of New Developments MV2 Commuted Payments MV11 Parking B1 Conservation of the Built Environment B4 Greening of Urban Areas C4 Local Sites of Nature Conservation Value C7 Woodland and Hedgerow

4.4 City of Cardiff Local Plan (January 1996):

2 Locally Important Archaeological Remains 3 Development in Conservation Areas 8 Sites of Nature Conservation or Geological Value 9 Development in Areas at Risk from Flooding 11 Design and Aesthetic Quality

174

12 Energy Efficient Design 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups

4.5 Deposit Unitary Development Plan (October 2003)

1.A General Principles for the Location of Development 1.B Achieving Good Design 1.C Planning Obligations 1.I The Historic Environment 1.J Open Space 1.N Car Parking 2.7 Strategic Recreational Routes 2.20 Good Design 2.24 Residential Amenity 2.45 Trees, Woodlands and Hedgerows 2.47 Sites of Local Importance for Nature Conservation 2.48 Biodiversity 2.53 Conservation Areas 2.57 Access, Circulation and Parking Requirements 2.62 Flood Risk 2.74 Provision for Waste Management Facilities in Development

4.6 Relevant Supplementary Planning Guidance:

Access, Circulation and Parking Standards (January 2010) Developer Contributions for Transport (January 2010) Trees and Development (March 2007) Waste Collection and Storage Facilities (March 2007) Biodiversity (2011)

4.7 The Llandaff Conservation Area Appraisal (2006) is also relevant.

5. INTERNAL CONSULTEES RESPONSES 5.1 The Operational Manager, Transportation, notes that a Transport

Assessment (TA) was submitted in support of the application which examines the accessibility of the campus in terms of sustainable travel, both existing and proposed. It assesses the projected travel demand / modal split at the Llandaff Campus together with the relocation of 608 students and 36 staff from the Howard Gardens site and identifies that there may be an additional 71 vehicle trips as a result of the proposal (based on 60% of students typically being on site at any one time), which it concludes are unlikely to coincide with the highway peak hours. It also indicates that there will likely be a reduction of 60 to 80 vehicle trips during the course of a typical week between campuses as a result of the Cardiff School of Art & Design being located on one site.

175

5.2 He also notes that the TA includes a parking survey within the vicinity of the site in order to establish the availability of on street parking spaces, should students be travelling by car. The results of the survey indicate that there may be opportunities for students to park within a 10 to 15 minute walk from the site at those times when the University is in operation. The Council has sought confirmation as to those measures that will be put forward by the University in order to minimise and mitigate any off-site parking issues and the TA addendum submitted on 1 June 2012 includes a willingness to commit to fund the following:

(i) Visually sympathetic bollards to the grass verge of Western Avenue North

between River View and Gabalfa Avenue; (ii) Encouraging trips to be made by sustainable modes through the

continuing implementation of the Cardiff Metropolitan University Travel Plan and supportive infrastructure;

(iii) Continuing to subsidise the UWIC Rider Service; and (iv) Scheduled off-site survey of streets indentified as likely to be affected by

off-site parking twice an academic year. 5.3 He notes that there will be no increase in the total number of car parking

spaces on the Llandaff Campus as a result of the proposal, however a new parking area will be provided within the ‘The Orchard’ in order to accommodate those spaces being displaced as a result of the new building being constructed. The total number therefore on site will be 466 no. spaces, which is as existing and therefore accepted in principle. However, it is recommended that further consideration be given to the provision of additional disabled bays close to the entrance of the new building (within the total of 466 no. spaces).

5.4 He advises that the Council has received a number of complaints from within

the immediate vicinity if the Llandaff Campus and surrounding areas involving illegal/inconsiderate parking and additionally issues relating to the right hand turn manoeuvre into the adjacent rugby club. Although a financial contribution was previously secured to address the right turn issue the constraints of the existing highway alignment are such that this sum could not fully fund those works that are deemed to be necessary. In addition requests have been made by local residents to introduce residents parking; address the damage to grass verges and introduce parking restrictions (in order to remove unsafe obstructive parking). As mentioned above, the University has identified a number of similar issues and as such an appropriate financial contribution is sought to address these. He advises that a financial contribution be secured for the sum of £67,600 towards the monitoring of on-street parking in the vicinity of the site and the introduction of the necessary Traffic Regulation Orders; the provision of bollards off-site to prevent university associated car parking on grass verges in the surrounding residential areas and towards the scheme to prevent the right turn manoeuvre into the adjacent Rugby Club, off Western Avenue.

5.5 No additional cycle parking provision is proposed within the development as

an occupancy survey undertaken during February indicated that there was

176

currently spare capacity, which would absorb any additional cycle parking demand resulting from the relocation of the Cardiff School of Art & Design. It is considered that the demand may be higher in the summer months and as such it is recommended that further provision be included, i.e. 20 stands in addition to the retention of the 80 stands currently serving ‘B’ block in order that potential demand from existing cyclists transferring to the new site can be met.

5.6 He advises that the University currently operates a Travel Plan (TP) for the

Cardiff Metropolitan University campuses, the key focus of which is the promotion of sustainable transport. An update of the TP has been submitted as part of this application which contains a number of initiatives to be taken forward in order to encourage more sustainable mode choices and promote sustainable transport options. In order that these are realised a Section 106 commitment is recommended for inclusion within any permission.

5.7 He notes that the TA has been independently audited by Parsons Brinckerhoff

and examined by Officers and is considered to represent a robust assessment in this respect. In conclusion, he has no objection to the proposal, subject to relevant conditions and the completion of a Section 106 Agreement.

5.8 The Operational Manager, Environment (Noise and Air), advises that an

additional recommendation be added notifying the developer of acceptable construction hours.

5.9 The Chief Culture, Leisure and Parks Officer is content with the proposals

and considers that the new building should provide a point of interest along the Taff Trail, although maintenance of screened views from the trail is essential, whether this be through existing or new planting. The trail is extremely well used and it is essential that any work on the building or car park likely to affect the footpath should involve discussions with Parks in advance. No materials, arisings or plant shall be stored or operated within the land adjoining the UWIC site.

5.10 Treatment of any Japanese Knotweed in the area following survey should

also be discussed with Parks Services before proceeding if this is likely to have any impact on the adjacent open space. In addition, roosting bats are found in the trees along this stretch of the river. Parks Services and the Council’s Ecologist should be involved in any discussions regarding this protected species. Clearance of any vegetation should ideally be undertaken outside the bird nesting season, unless otherwise agreed up front. He agrees with the Council’s Tree Officer regarding the need for a landscape scheme to provide a high quality setting for the building, including technical details, particularly with regard to tree planting, and the need for a no dig permeable construction for the car park where this impinges on root protection areas.

5.11 The Operational Manager, Drainage Division, notes that the construction of

the replacement building will not result in an increase of impermeable areas on the site. Site investigation has indicated that ground conditions on the site are likely to be suitable for the application of infiltration techniques such as

177

soakaways although specific ground testing may be required to confirm this. He recommends that a relevant condition be attached and Welsh Water be consulted.

5.12 The Operational Manager, Waste Management, advises that the demolition

plan should include a Site Waste Management Plan as advised in the Supplementary Planning Guidance (SPG), and should aim to maximise the opportunities for re-use and recycling of materials and demonstrate how off-site disposal of waste will be minimised and managed. This is now considered best practise on building and construction projects. An extension in floor space will lead to an increase in the volume of waste produced. This should either be reflected in an increase in refuse storage capacity or an increase in the frequency of refuse collections.

5.13 The Operational Manager, Environment (Contaminated Land), advises

conditions be attached relating to contaminated land, imported soils and aggregates, and an advisory note relating to contamination.

5.14 The Council’s Access Officer has been consulted and any comments

received will be reported to Committee. 6. EXTERNAL CONSULTEES RESPONSES 6.1 The Countryside Council for Wales endorses the comments of the

Council’s Ecologist. 6.2 The Environment Agency notes that the sites lies entirely within Zone C1, as

defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15). Their flood information confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Taff and records show that the proposed site has also previously flooded from the River Taff. The planning application proposes less vulnerable development on previously developed land within a flood risk area. Section 6 of TAN15 requires the local planning authority to determine whether the development at this location is justified. The flood consequences assessment (FCA) undertaken by Arup, dated April 2012, which was submitted in support of the application states that the proposed development is flood free for the 1% (1 in 100 year) fluvial flood event with an allowance for climate change. It is therefore compliant with A1.14 of Tan 15. It also states that the proposed site does flood in the 0.1% (1 in 1000 year) fluvial event, but only to a depth of 540mm, which is within the tolerable depth allowed in accordance with A1.15 of TAN 15. Based on the findings of the submitted FCA, they have no objection to the proposed development from a flood risk perspective.

6.3 They note that the proposed new park car is in close proximity to their existing

maintained flood defence. They require a 7 metre access strip from the boundary of the car park to the toe of the defence in order to undertake maintenance activities. The watercourse known as the River Taff is scheduled as a statutory main river, pursuant to the Water Resources Act 1991 and the

178

Agency's Land Drainage Byelaws. The prior formal Flood Defence Consent (formerly a land drainage consent) of the Environment Agency must be obtained for any works in, under or over the watercourse, or within 7 metres of the base of any floodbank or wall, or where there is no bank or wall, within 7 metres of the top.

6.4 They recommend planning conditions be imposed to any permission that may

be granted in respect of a verification report regarding contamination, long-term monitoring, unsuspected contamination and pollution prevention.

6.5 The Glamorgan Gwent Archaeological Trust advises that the application

site is situated outside the centre of the area of concentrated medieval settlement around Llandaff and the Cathedral, which grew from the 6th century AD onwards. The High Street was one of the major medieval roads leading to the Cathedral, and other roads led through the area to cross the Taff at a ford in the area of UWIC; some of these roads are thought to have originated in the Roman and possibly the pre-historic periods. The course of the Taff in this area had more than one stream, the route of which is known to have changed, and the southern part later became a smaller stream and leat associated with the mill that was situated to the south of the UWIC site. Part of this flowed through the development area and there is the potential for features or finds to be located in the area. Archaeological work in the Llandaff area has shown that archaeological remains survive and information about the early sequence of settlement and land use in Llandaff has been acquired from such work. The supporting information details the works that are proposed and they note that whilst the greater part of the development will be on the site of the demolition of the existing building, there are works that will impact on any archaeological resource. In particular, these are the location of the new car park, which will require surfacing and drainage, and the extension of the new building and service building towards the river. They have taken into account that the area has in some parts been disturbed by flood defence works; however it is their opinion that the work could reveal unrecorded archaeological features; as the development will be on disturbed ground they therefore recommend that a condition requiring the applicant to appoint a suitably qualified archaeologist to undertake an archaeological watching brief during the ground disturbing work should therefore be attached to any planning permission granted. This recommendation is made following the advice given in Welsh Office Circular 60/96, section 22.

6.6 Welsh Water recommends conditions be attached to any permission granted. 7. REPRESENTATIONS 7.1 Local Members have been consulted. Any comments received will be report

to Committee. 7.2 The proposals were advertised by press notice and site notice as a major

development that may affect the character and/or appearance of a conservation area under Section 73 of the Planning (Listed Building and Conservation Areas) Act 1990. The consultation period expired on 17 May

179

2012. 7.3 The Llandaff Conservation Group objects to the proposals, stating that the

proposals are contrary to the Council’s green corridor and the campus is too small to accommodate another large building with the additional students and staff with no additional parking being provided. The car park extension at the rear of the site will result in the loss of trees which have a considerable group value in the context of the riverside tree belt. The loss of these trees is unacceptable.

8. ANALYSIS 8.1 The key issues for consideration of this application are the design and

appearance of the building, conservation area impact, access and parking issues, nature conservation matters, tree and landscaping issues and planning obligations.

Design and Appearance / Conservation Area Impact 8.2 The building proposed for demolition is located in a largely screened part of

the university campus and is only visible from a small section of the Llandaff Conservation Area as a result of the positioning of the other buildings and of mature trees and hedges on the campus boundary.

8.3 The existing building is considered to be of little intrinsic architectural merit

and does not contribute to the overall character of the campus in a positive way. It is not therefore considered that its demolition would result in harm to the character or appearance of the conservation area.

8.4 The Llandaff Conservation Area Appraisal states that area’s distinctive

character should be protected and enhanced in proposals for development and, where development opportunities arise, UWIC buildings and their setting should be enhanced.

8.5 Despite having a large footprint, the existing art and design building does not

have the same verticality as that of its neighbouring buildings, As such, it is considered that the site could comfortably accommodate a building of the scale proposed in this discrete location within the conservation area. While the proposal would be taller than that of the surrounding buildings, it has been designed to align with the existing geometry of the campus and is considered to sit well within this arrangement. The scale and design is considered to show a well considered development which preserves the character of the conservation area.

Access and Parking Issues 8.6 Given the educational use of the proposal and therefore likely creation of

significant levels of pedestrian footfall, a key consideration within the proposed scheme would be the connectivity, accessibility and permeability of the public realm associated with the development.

180

8.7 It is noted that the Operational Manager, Transportation, is satisfied with the

submitted Transport Assessment and subsequent addendum. Subject to relevant conditions regarding parking provision and cycle parking provision together with the completion of a Section 106 Agreement, he has no objections (see paragraphs 5.4 and 5.6).

Nature Conservation Matters 8.8 The Council’s Ecologist recommends conditions be attached to any planning

permission relating to treatment of Japanese Knotweed, nesting birds, lighting, works next to Sites of Importance for Nature Conservation, plus an advisory notice in relation to bats. The Countryside Council for Wales endorse these views.

Trees and Landscaping Issues 8.9 The Council’s Tree Officer recommends the removal of 25 no. individual and 5

no. groups of ‘C’ and ‘R’ category (low quality and value) trees that should not be considered a significant constraint to development. Significant incursions into the Root Protection Areas (RPA’s) of 8 no. trees and 1 no. group of trees are proposed to enable the car-park construction. A ‘no-dig’ permeable construction is proposed to minimise harm where there are incursions into RPA’s. 1 no. ‘A’ category tree and 16 no. ‘b’ category trees would be retained.

8.10 A detailed landscape scheme is required and should include a scaled plan,

species schedule, planting and aftercare methodology (including sectional and where relevant, plan tree pit details). The removal of the ‘C’ and ‘R’ category trees and their replacement with new planting in a manner that will ensure the integrity of the tree buffer is retained in the long-term is considered to be acceptable in principle. It is recognised that this tree screen is important both in terms of visual impact and as part of the River Taff corridor. Relevant conditions are attached to ensure that these details are agreed with the local planning authority prior to the commencement of development. The Council’s Ecologist has confirmed their agreement to this approach.

Economic Benefits

8.11 The proposals would result in the relocation of the existing art and design

school at Howard Gardens and will ensure the economic sustainability of the school for the future bringing together a disparate facility into one entity and helping realising efficiencies in operation. The school has over 1,200 students, and employs approximately 70 staff and its restoration on the Llandaff campus is vital to its long term future.

Section 106 Contributions

8.12 The agent has agreed their client’s willingness to enter into a Section 106

Agreement to secure £67,600 towards the monitoring of on-street parking in the vicinity of the site and the introduction of the necessary Traffic Regulation

181

Orders, the provision of bollards off-site to prevent university associated car parking on grass verges in the surrounding residential areas and towards the scheme to prevent the right turn manoeuvre into the adjacent Rugby Club, off Western Avenue.

8.13 The legal agreement would also include a requirement for the applicant to

update their Travel Plan to include the initiatives submitted with this application to promote and encourage sustainable travel.

Flood Risk

8.14 It is noted that, subject to conditions, the Environment Agency has no

objections to the proposed development. The Flood Consequences Assessment (FCA) accompanying the application acknowledges that there is a small risk of flooding on the site in the extreme 1 in 1000 year event (0.1%). However, it is acknowledged that the building has safe means of escape to upper floors. It is considered that the small risk of flooding can be satisfactorily managed on the site, mindful that the FCA estimates the flood depth to be approximately 540 mm

8.15 The applicant has been advised of the Environment Agency’s requirement for

a 7 metre access strip from the bund for maintenance purposes. Conclusions 8.16 It is considered that the proposed development, subject to relevant conditions

and the implementation of an appropriate landscaping and planting scheme, would preserve the character and appearance of this part of the Llandaff Conservation Area. The proposed development would provide improved facilities for the art and design school and the traffic impacts are considered to be acceptable. Subject to relevant conditions and the completion of a Section 106 Agreement, it is recommended that permission be granted.

182

t 02920 225 208

f 02920 225 230

Architects Designers Planners

Landscape Architects

one Dunleavy Drive

Cardiff

CF11 0SN

e cardiff@austinsmithlord.com

Austin-Smith:Lord LLP

Project

Description

Job No. Drawing No. Revision

DO NOT SCALE. Use figured dimensions only.

The contractor is requested to check all

dimensions before the work is put in hand.

This drawing must only be used for the purpose

for which it is supplied and its contents must not

be reproduced for any purpose without written

No areas indicated, or areas calculated from this

drawing should be used for valuation purposes

or as the basis for development contracts.

Number OC315362

partnership registered in England & Wales.

Austin-Smith:Lord LLP is a limited liability

Chkd ByRevision Description By Date Revision Description By Date Revision DescriptionChkd By Chkd By

permission.

DateBy Drawn

Date

Scale

Status

'All copyrights Austin-Smith:Lord LLP

311288

Cardiff School of Art & Design

UWIC / Cardiff Metropolitan University

Boro Const, Asly Const & ED Bdy

Path

75

174

2

16.5m

WESTER

N A

VEN

UE

CR

CR

Path and Cycle Way

Posts

87

68

12

14

15.5m

RIVER VIEW

Water Gauges

Allotment Gardens

ED Bdy

Boro Const, Asly Const & ED Bdy

36

24

39

20

Path

28

WESTER

N A

VE

ED Bdy

CR

Foot Bridge

UWIC

Shelter

Llandaff Campus

RIVER VIEW

14.3m

Path

Club

14.9m

Drain

15.2m

CR

Path

15.5m

River Taff (Afon Taf)

Cemetery

Sloping Masonry

Path (u

m)

Path

Cross

8

and Euddogwy

PC

6

4

Lady Chapel

The Cathedral Church ofSS Peter and Paul withSS Dyfrig, Teilo

17.1m

17.1mCLOSE

CAT

HE

DR

AL

Drains

Drain

(remains of)

Old Bishop’s Palace

Path (u

m)

House

Lych

St Cross

2

6

House

Cottage

1

3

1

St Andrew

2

Pre

bendal

White H

ouse

10

6a

Gate

4

White

30.2m

29.6m

15.5m

29.3m

23.2

mTHE C

ATHEDR

AL G

REEN

Cross

(restored)

315400m

315400m

315500m

315500m

315600m

315600m

315700m

315700m

315800m

315800m

315900m

315900m

316000m

316000m

316100m

316100m

316200m

316200m

177900m177900m

178000m178000m

178100m178100m

178200m178200m

178300m178300m

178400m178400m

@ A1

* 21.02.12TY

*

TY

A TYMR

APLANNING

L(90)001

Dec 2011

Site Location Plan

Red and Blue Line Boundaries

1:1250

Buildings proposed for demolition - Conservation Area Consent

Adjoining land under applicant ownership

Issued for Pre Application Planning Advice

N

Proposed site development boundary for School of Art & Design (TBC)

PDR

A

A

D

F

T

NM

CSM

Planning Issue 11.04.12

183

t 02920 225 208

f 02920 225 230

Architects Designers Planners

Landscape Architects

one Dunleavy Drive

Cardiff

CF11 0SN

e cardiff@austinsmithlord.com

Austin-Smith:Lord LLP

Project

Description

Job No. Drawing No. Revision

DO NOT SCALE. Use figured dimensions only.

The contractor is requested to check all

dimensions before the work is put in hand.

This drawing must only be used for the purpose

for which it is supplied and its contents must not

be reproduced for any purpose without written

No areas indicated, or areas calculated from this

drawing should be used for valuation purposes

or as the basis for development contracts.

Number OC315362

partnership registered in England & Wales.

Austin-Smith:Lord LLP is a limited liability

Chkd ByRevision Description By Date Revision Description By Date Revision DescriptionChkd By Chkd By

permission.

DateBy Drawn

Date

Scale

Status

'All copyrights Austin-Smith:Lord LLP

311288

Cardiff School of Art & Design

UWIC / Cardiff Metropolitan University

Boro Const, Asly Const & ED Bdy

CR

CR

Path and Cycle Way

Posts

87

68

12

14

15.5m

RIVER VIEW

Water Gauges

ED Bdy

Boro Const, Asly Const & ED Bdy

20

UWIC

Llandaff Campus

Path

Cemetery

Sloping Masonry

14

2 Dis.

23

39

@ A1

* 12.03.12TY

*

TY

TYMRB

B

A 29.03.12TY

APLANNING

L(90)100

Mar 2012

1:500

Initial Input

N

Revised to suit current scheme

Yard

Service

Parking

Car

Existing Campus ’Square’

N Block

M Block

A Block

D Block

PDR

T Block

(CSM)

of Management

School

Car Park

Existing Main

River Taff

Taff Trail

Public Footpath

Ent.

F Block

Building

CSAD

Proposed

Car Park

Proposed

Planning Issue 11.04.12

Proposed Site Layout Plan / Block Plan

details of existing trees

Refer to tree survey for

NOTE

184

t 02920 225 208

f 02920 225 230

Architects Designers Planners

Landscape Architects

one Dunleavy Drive

Cardiff

CF11 0SN

e cardiff@austinsmithlord.com

Austin-Smith:Lord LLP

Project

Description

Job No. Drawing No. Revision

DO NOT SCALE. Use figured dimensions only.

The contractor is requested to check all

dimensions before the work is put in hand.

This drawing must only be used for the purpose

for which it is supplied and its contents must not

be reproduced for any purpose without written

No areas indicated, or areas calculated from this

drawing should be used for valuation purposes

or as the basis for development contracts.

Number OC315362

partnership registered in England & Wales.

Austin-Smith:Lord LLP is a limited liability

Chkd ByRevision Description By Date Revision Description By Date Revision DescriptionChkd By Chkd By

permission.

DateBy Drawn

Date

Scale

Status

'All copyrights Austin-Smith:Lord LLP

311288

Cardiff School of Art & Design

UWIC / Cardiff Metropolitan University

T35

T36

T37

T14T15

T16

T17

T18

T19 T20

T21

G22

G23

T24

T25

T27

T28

T29T30

T31

G32

T33

T34

T26

T1

T60

T61

T62

T63

T64

T65

T66

T67

T68T69

14.89

14.72

14.69

14.80

14.94

14.87

14.95

14.89

14.65

14.59

14.69

14.72

14.68

14.69

14.50

14.47

14.51

14.44

14.63

14.62

14.47

14.43

14.36

14.40

14.38

14.38

14.40

14.40

14.33

14.19

14.34

14.47

14.40

14.28

14.37

14.21

14.21

14.11

14.14

14.29

14.31

14.28

14.28

14.33

14.36

14.6

6

14.67

14.66

14.53

14.53

14.46

14.34

14.49

14.51

14.47

14.45

14.4414.42

14.47

14.49

14.57

14.54

14.55

14.66

14.68

14.67

14.72

14.76

14.44

14.48

14.42

14.49

14.42

14.32

14.73

14.60

14.45

14.41

14.44

14.48

14.45

14.4314.58

14.64

14.7014.56

14.53

14.44

14.46

14.42

14.42

14.18

14.33

14.43

14.40

14.42

14.2914.27

14.33

14.34

14.40

14.40

14.3614.45

14.49

14.42

14.45

14.47

14.42

14.6

2

14.77

14.78

14.91

14.49

14.68

14.65

14.55

14.56

14.65

14.79

14.88

14.89

14.93

14.81

14.7

9

14.70

14.62

14.52

14.62

14.65

14.66

14.30

14.22

14.26

14.15

14.16

14.84

14.78

14.84

14.82

14.74

14.8

1

14.78

14.79

14.80

14.94

13.5813.28

13.59

13.54

13.48

13.43

13.07

13.07

13.5113.71

13.14

13.27

12.64

12.39

12.76

12.53

13.50

13.50

13.49

13.63

13.64

13.78

14.12

14.20

13.98

13.79

13.69

13.61

13.6213.73

13.78

14.67

14.39

14.36 13.80

13.50

13.54

13.62

13.60

13.52

13.52

13.64

13.6313.59

13.61

13.60

13.64

13.53

13.58

13.54

13.68

14.32

13.81

13.64

13.64

13.62

13.73

13.78

13.66

13.61

13.70

13.63

15.87

15.78

15.83

15.72

15.75

15.74

15.75

15.65

15.70

13.84

13.77

13.55

13.71

13.85

13.95

13.75

14.04

14.14

14.22

14.23

14.26

14.20

14.05

14.37

14.38

14.57

14.51

14.94

15.20

15.12

14.92

13.87

13.92

14.01

14.07

14.16

14.24

14.19

14.16

15.69

15.64

15.72

15.70

15.77

15.84

15.90

15.92

15.96

16.03

16.12

15.55

14.96

14.48

14.12

14.11

13.93

13.87

13.84

15.99

15.96

15.00

14.99

15.84

15.93

16.08

16.05

16.15

16.15

16.1816.21

16.25

14.33

14.32

14.37

14.43

14.24

14.54

14.64

14.63

14.46

14.43

14.03

13.89

13.94

13.84

13.95

13.92

14.15

15.93

16.00

16.15

15.55

14.85

14.45

14.47

14.40

14.40

14.29

14.35

14.4914.45

14.66

15.37

16.10

16.21

16.27

16.2516.20

16.26

SN03

SN04

SN05

Bin

Bin

LP

Bin

Bin

Bin

IC

MH

MH

MH

MH

RE ER

MH

MH

MH

MH

Bin

MH

ER

B

ER

RE

MH

MH MH

ER

MH

MH

ER

MH

MH

MH

MH

IC

MH

BBB

BMH

MH

TP

IC

TP

Stay

RE

IC

ER

MH

MH

Benches

CL 14.75

CL 14.80 Tarmac

CL 14.72

CL 14.71

CL 14.55

CL 14.70

CL 14.78

CL 14.75

Paving

Be

nc

h

FL 14.95

Grit

Box

Tarmac

CL 14.47

CL 14.40

CL 14.40

Ticket Machine

CL 14.44

CL 14.46

Drain

Mesh Fence

CL 14.53

Drain

Mesh Fence

CL 14.40

I/R

Ra

mp up

A/C

C/L Atop Brick R/Wall

CL 14.40

Root Line of Hedge

Shrubs

Blo

ck Pavio

urs

Bin

Store

Paving

Offices

C/L

CL 14.41

Benches

Bushes

CL 14.55

Bin

Store

Bollards

Tarmac

CL 14.68

CL 14.63

CL 14.54

Ridge 30.46

Ra

mp up

I/R

CL 14.50 CL 14.46

I/R

CL 14.44

CL 14.47

Roof Level at

Arch 20.17

CL 14.48

FL 14.63

CL 14.69

Blo

ck Pavio

urs

Drain

Roof Level

26.88

Flat Roof Level

20.17

298

299

300

C/L

C/L

C/L

CL 16.12

Footpath

Flood Bank

12.5

13.0

14.0

14.0

13.5

14.5

15.0

14.5

14.0

@ A1

* TYTY

MR

PLANNING

1:200

L(90)104

*

Tree Constraints Plan

APRIL 2012

Proposed Building Area

N

Root Protection Area

Category A

Category B

Category C

Category R

KEY

Refer to Tree Survey Report for details of species and conditions

Tree reference numbers correspond to the Tree Survey Report

Crown spreads and stem sizes are plotted based on the Tree Survey Report

Planning issue 11.04.12

185

t 02920 225 208

f 02920 225 230

Architects Designers Planners

Landscape Architects

one Dunleavy Drive

Cardiff

CF11 0SN

e cardiff@austinsmithlord.com

Austin-Smith:Lord LLP

Project

Description

Job No. Drawing No. Revision

DO NOT SCALE. Use figured dimensions only.

The contractor is requested to check all

dimensions before the work is put in hand.

This drawing must only be used for the purpose

for which it is supplied and its contents must not

be reproduced for any purpose without written

No areas indicated, or areas calculated from this

drawing should be used for valuation purposes

or as the basis for development contracts.

Number OC315362

partnership registered in England & Wales.

Austin-Smith:Lord LLP is a limited liability

Chkd ByRevision Description By Date Revision Description By Date Revision DescriptionChkd By Chkd By

permission.

DateBy Drawn

Date

Scale

Status

'All copyrights Austin-Smith:Lord LLP

311288

Cardiff School of Art & Design

UWIC / Cardiff Metropolitan University

T7

T8

T9

T10

T11

T12T6

T5

G4

T2

T42

T41

T39

T35

T36

T37

T38

G13

T14T15

T16

T17

T18

T19 T20

T21

G22

T3

T45

T44

T43

T46

T47

T48

T51

T50

T53

G52

T54

G55

T56T57

T58

G59

T49

T40

23

39

Boro Const, Asly Const & ED Bdy

Path

@ A1

* TYTY

MR

PLANNING

1:200

L(90)105

*

Tree Protection Plan

Car Park Area

APRIL 2012

Root Protection Area

Category A

Category B

Category C

Category R

KEY

Refer to Tree Survey Report for details of species and conditions

Tree reference numbers correspond to the Tree Survey Report

Crown spreads and stem sizes are plotted based on the Tree Survey Report

Proposed car park layout

Tree required to be felled due to development

Existing main campus car park

New entrance to be formed

N

Planning issue 11.04.12

recommendations of Tree Survey Report

Tree protection fencing in accordance with

to allow for works ot be completed.

Fence to be temporarily dismantled at appropriate time

Works to be carried out under supervision of the arborist.

’No Dig’ surface to be provided in root protection areas.

land ownership boundary

Blue line indicates

application site boundary

Red line indicates

in vicinty of new building

for Tree Protection works

Refer to drawing L(90)106

with the authority

applicants ownership is to be agreed

Extent of works to any trees outside the

Exact details and locations for planting to be agreed with the Local Authority

that are felled. Species to include native broadleaf trees (eg oak, ash, birch, alder, holly).

It is proposed the new trees are planted as replacements for any

Note:

186

187

188

189

190

191

192

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/642/DCO APPLICATION DATE: 17/04/2012 ED: LLANDAFF APP: TYPE: Conservation Area Consent APPLICANT: Cardiff Metropolitan University LOCATION: UNIVERSITY OF WALES INSTITUTE CARDIFF LLANDAFF CAMPUS, 200 WESTERN AVENUE, LLANDAFF, CARDIFF, CF5 2YB PROPOSAL: DEMOLITION OF EXISTING SINGLE STOREY BUILDING KNOWN AS B BLOCK ___________________________________________________________________ RECOMMENDATION 1: That conservation area consent be GRANTED

subject to the following conditions:

1. C05 Statutory Time Limit - Con Area Consent 2. The building shall not be demolished before a contract for the carrying out

of the works of redevelopment of the site has been made and full planning permission has been granted for the re-development for which the contract provides.

Reason: To safeguard the visual amenity of the area.

3. Immediately following the demolition of the buildings, the site shall be cleared; thereafter the site shall be maintained clear of waste and weeds pending its future development.

Reason: To protect the visual amenities of the surrounding area RECOMMENDATION 2: To protect the amenities of occupiers of other

premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: Bats often roost in houses and other buildings, and

work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. They must be given reasonable time to advise as to whether the works should be carried out and, if so, the method to be used. This legislation does not apply to bats in the living area of a

193

dwelling-house. If work has already commenced and bats are found, or if any evidence that

bats are using the site as a roost is found, work should cease and CCW should be contacted immediately.

For buildings other than a dwelling-house, no works of site clearance,

demolition or construction should take place unless a licence to disturb these species has been granted in accordance with the relevant legislation.

The Cardiff office of CCW can be contacted at: Unit 7, Castleton Court Fortran Road St Mellons Cardiff CF3 0LT Tel: 02920 772400 Fax: 02920 772412 For further advice on bats please contact: The Bat Conservation Trust Unit 2, 15 Cloisters House 8 Battersea Park Road London, SW8 4BG Tel: 02920 7627 2629 Fax: 020 7627 2628 1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Conservation area consent is sought for the demolition of an existing single-

storey building known as ‘B Block’ at the University of Wales Institute, Western Avenue, Llandaff.

1.2 Planning application no. 12/00641/DCO seeks permission for the construction

of a four-storey building to accommodate the University’s School of Art and Design, which would re-locate from the Howard Gardens campus in the City Centre.

1.3 A method statement and demolition statement have been submitted with the

application. 2. DESCRIPTION OF SITE 2.1 The site lies within the UWIC Llandaff campus, which is located within the

boundaries of the Llandaff Conservation Area. The River Taff Site of Importance for Nature Conservation (SINC) is located to the northeast and a public footpath runs along the site’s northeast boundary.

194

2.2 The existing campus comprises a mix of single, two, three and four-storey buildings.

2.3 The northeast boundary contains tree planting which acts as a buffer screen

to the River Taff corridor further east. 2.4 The site is generally flat and level and measures approximately 0.83 hectares. 2.5 The site lies entirely within Zone C1, being an area already served by

significant flood defence infrastructure. 3. SITE HISTORY 3.1 11/607/DCO: Permission granted June 2011 for proposed re-locatable

modular shower, changing and cycle storage facility to be located within existing courtyard between a, b & d blocks of UWIC’s Llandaff campus.

3.2 10/482/W : Permission granted June 2010 for New medium-term temporary

office (portakabin type) with new storage container. Recycling and waste bins. 3.3 10/404/W : Permission granted May 2010 for 2-storey extension to 'a' block at

entrance to UWIC Campus to provide student hub and corporate reception 3.4 06/2240/W : Permission granted January 2008 for construction of a new 4

storey extension of existing d block to form a food industry centre to improve existing facilities on the site

3.5 05/2790/W : Permission granted December, 2006, for proposed lecture

theatre in courtyard and extension to block d to provide new lift, staircase and toilets

3.6 00/803/W : Permission granted June 2000, for alterations 4. POLICY FRAMEWORK 4.1 Planning Policy Wales, 4th Edition (February 2011). 4.2 Welsh Officer Circulars:

61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas 1/98: Planning and the Historic Environment: Directions by the Secretary of State for Wales

4.3 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April

1997):

B1 Conservation of the Built Environment

195

4.4 City of Cardiff Local Plan (January 1996): 3 Development in Conservation Areas

4.5 Deposit Unitary Development Plan (October 2003)

1.I The Historic Environment 2.53 Conservation Areas

4.7 The Llandaff Conservation Area Appraisal (2006) is also relevant.

5. INTERNAL CONSULTEES RESPONSES 5.1 The Building Control Service has no adverse comments. 6. EXTERNAL CONSULTEES RESPONSES 6.1 No relevant consultations 7. REPRESENTATIONS 7.1 The proposals were advertised by press notice and site notice. The

consultation period expired on 17 May 2012. 7.2 The Llandaff Conservation Group has no adverse comments. 8. ANALYSIS 8.1 The key issue in the consideration of this application is the impact of the

demolition upon the character and appearance of the conservation area. 8.2 Welsh Office Circular 61/96 advises that consent for demolition should not be

given unless there are acceptable and detailed plans for redevelopment. The Council is entitled to consider the merits of any proposed development in determining whether consent should be given for the demolition of an unlisted building in a Conservation Area. In this case, it is considered that the detailed re-development proposals also being reported to this Committee (ref: 12/00641/DCO) provide an acceptable alternative development of the site.

8.3 The building proposed for demolition is located in a largely screened part of

the university campus and is only visible from a small section of the Llandaff Conservation Area as a result of the positioning of the other buildings and of mature trees and hedges on the campus boundary.

8.4 The building is considered to be of little intrinsic architectural merit and does

not contribute to the overall character of the campus in a positive way. It is considered that its demolition would not result in unacceptable harm to the character or appearance of the conservation area.

196

8.5 In accordance with advice given in paragraph 34 of the Welsh Office Circular 61/96, a condition is recommended requiring that the demolition of the house should not take place until a contract for carrying out development work has been made.

8.6 It is recommended that Conservation Area Consent be granted subject to

relevant conditions.

197

t 02920 225 208

f 02920 225 230

Architects Designers Planners

Landscape Architects

one Dunleavy Drive

Cardiff

CF11 0SN

e cardiff@austinsmithlord.com

Austin-Smith:Lord LLP

Project

Description

Job No. Drawing No. Revision

DO NOT SCALE. Use figured dimensions only.

The contractor is requested to check all

dimensions before the work is put in hand.

This drawing must only be used for the purpose

for which it is supplied and its contents must not

be reproduced for any purpose without written

No areas indicated, or areas calculated from this

drawing should be used for valuation purposes

or as the basis for development contracts.

Number OC315362

partnership registered in England & Wales.

Austin-Smith:Lord LLP is a limited liability

Chkd ByRevision Description By Date Revision Description By Date Revision DescriptionChkd By Chkd By

permission.

DateBy Drawn

Date

Scale

Status

'All copyrights Austin-Smith:Lord LLP

311288

Cardiff School of Art & Design

UWIC / Cardiff Metropolitan University

Boro Const, Asly Const & ED Bdy

Path

75

174

2

16.5m

WESTER

N A

VEN

UE

CR

CR

Path and Cycle Way

Posts

87

68

12

14

15.5m

RIVER VIEW

Water Gauges

Allotment Gardens

ED Bdy

Boro Const, Asly Const & ED Bdy

36

24

39

20

Path

28

WESTER

N A

VE

ED Bdy

CR

Foot Bridge

UWIC

Shelter

Llandaff Campus

RIVER VIEW

14.3m

Path

Club

14.9m

Drain

15.2m

CR

Path

15.5m

River Taff (Afon Taf)

Cemetery

Sloping Masonry

Path (u

m)

Path

Cross

8

and Euddogwy

PC

6

4

Lady Chapel

The Cathedral Church ofSS Peter and Paul withSS Dyfrig, Teilo

17.1m

17.1mCLOSE

CAT

HE

DR

AL

Drains

Drain

(remains of)

Old Bishop’s Palace

Path (u

m)

House

Lych

St Cross

2

6

House

Cottage

1

3

1

St Andrew

2

Pre

bendal

White H

ouse

10

6a

Gate

4

White

30.2m

29.6m

15.5m

29.3m

23.2

mTHE C

ATHEDR

AL G

REEN

Cross

(restored)

315400m

315400m

315500m

315500m

315600m

315600m

315700m

315700m

315800m

315800m

315900m

315900m

316000m

316000m

316100m

316100m

316200m

316200m

177900m177900m

178000m178000m

178100m178100m

178200m178200m

178300m178300m

178400m178400m

@ A1

* 21.02.12TY

*

TY

A TYMR

APLANNING

L(90)001

Dec 2011

Site Location Plan

Red and Blue Line Boundaries

1:1250

Buildings proposed for demolition - Conservation Area Consent

Adjoining land under applicant ownership

Issued for Pre Application Planning Advice

N

Proposed site development boundary for School of Art & Design (TBC)

PDR

A

A

D

F

T

NM

CSM

Planning Issue 11.04.12

198

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/797/DCO APPLICATION DATE: 14/05/2012 ED: PENYLAN APP: TYPE: Variation of conditions APPLICANT: St Peters RFC LOCATION: ST PETERS RFC, MINSTER ROAD, ROATH, CARDIFF, CF23 5AS PROPOSAL: VARIATION OF CONDITION OF PLANNING PERMISSION 04/01669/E TO ALLOW EXTENSION OF OPENING HOURS TO 09:00 - 22:00 MONDAY TO THURSDAY 09:00 23:00 FRIDAY AND SATURDAY AND 09:00 AND 22:30 SUNDAY. ___________________________________________________________________ RECOMMENDATION: That permission be GRANTED for new community

sports complex and stewards flat without complying with condition 3 of permission no. 04/01669/E and subject to the following replacement conditions:

1. No member of the public, member of the club (other than employees of

the club), or any other customer shall be admitted to or allowed to remain on the premises outside the following times:

• 0900 – 2200 hours on Mondays to Thursdays inclusive; • 0900 – 2300 hours on Fridays and Saturdays; and • 0900 – 2230 hours on Sundays Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected.

2. All first floor windows of the bar and function room facing south over the

car park, or east towards the playing pitches shall be locked in a closed position during the hours of use specified in condition 3.

Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected.

3. For a period of 1 hour covering the closing times specified for Friday,

Saturday and Sunday, 2 doormen or stewards of the Club shall be operating outside the premises to provide effective management of the access and egress of customers from the premises and the car park.

Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected.

4. Prior to amplified music being played in any room it shall be insulated for

sound in accordance with a scheme to be submitted and approved in writing by the Local Planning Authority.

Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

199

5. The rating level of the noise emitted from fixed plant and equipment on the

site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142:1997.

Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

6. If at any time the use of the premises is to involve the preparation and

cooking of hot food, then all fumes from the food preparation area shall be mechanically extracted to a point not less than one metre above the eaves of the main roof and the extraction system shall be provided with a deodorising filter; all fans and pumps shall be so mounted and installed so as not to give rise to any noise nuisance. Details of the above equipment shall be submitted to and approved by the Local Planning Authority and the equipment installed prior to the use for the cooking of food commencing. The equipment shall thereafter be maintained to the satisfaction of the Local Planning Authority in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the local planning authority in writing.

Reason: To ensure that the amenities of adjoining and nearby occupiers are not prejudiced.

7. The proposed car parking and manoeuvring areas shall be laid out in

accordance with the approved details before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development.

Reason: to make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

8. The approved cycle parking details shall be implemented prior to the

development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose.

Reason: To ensure that adequate provision is made for the secure parking of cycles.

9. No facilities for the serving of alcoholic drinks, other than in the first floor

bar shown on drawing no. C02B shall be operated at the premises. No alcoholic drinks shall be consumed at the premises other than in the first floor bar shown on drawing no. C02B.

Reason: To ensure that the amenities of the occupants of other premises in the vicinity are protected.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Planning permission is sought by St Peters RFC to utilise their premises at

Minster Road beyond the hours permitted and specified in Condition 3 of planning permission no. 04/01669/E. This condition reads as follows:

No member of the public (including any members of the any club), other than

200

employees of the club occupying the application premises, shall be admitted to or allowed to remain on the premises between 21.00 hours and 09.00 hours on any day. Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected.

1.2 This application seeks to extend these hours of operation to make the

premises open and available to members until 22.00 hours Mondays to Thursdays (inclusive), until 23.00 hours on Fridays and Saturdays and until 22.30 hours on Sundays.

1.3 In accordance with the temporary permission granted in December 2011, a

noise impact assessment was submitted to the local planning authority on 19 March 2012.

2. DESCRIPTION OF SITE 2.1 The site comprises a level area situated between Minster Road and the

Harlequins recreation ground. It is bordered on its northern side by a single-storey GP surgery and to the south by an end of terrace house (24 Minster Road).

2.2 The northern part of the site contains a sports complex. 2.3 The southern part of the site contains off-street parking to serve the sports

complex. 3. SITE HISTORY 3.1 11/01227/E: Permission granted in December 2011 for variation of condition

of planning permission 04/01669/E to allow extension of opening hours to 09:00 – 22:00 Monday to Thursday 09:00 – 23.00 Friday and 09:00 – 22:30 Sunday for a temporary period of 6 months.

3.2 09/01622/E: Permission refused in November 2009 for variation of condition 3

of 03/00368/R and 04/01669/E to extend opening hours to Mon to Thurs 09:00 to 22:00, Fri and Sat 09:00 to 23:00 and Sundays 09:00 to 22:30 for the following reason (subsequently allowed on appeal for a temporary period of 12 months):

1. The proposed modification of Condition (3) would result in noise

associated with the premises having a detrimental impact on the amenities of nearby residential accommodation late at night, contrary to the provisions of Policy 2.24 (Residential Amenity) of the Deposit Unitary Development Plan.

3.3 08/02618/E: Planning permission refused in December 2008, and

subsequently dismissed on appeal, for variation of condition 3 of planning permission 04/01669/E to allow use until 10.00pm Monday – Thursday (inclusive), until 11.00pm Fridays and Saturdays and until 10.30 on Sundays

201

for the following reason:

1. The proposed variation of Condition 3 of planning permission 04/1669E to allow use until 10.00 p.m. Monday-Thursday (inclusive), until 11.00 p.m. Fridays and Saturdays and until 10.30 on Sundays would result in noise associated with the premises having a detrimental impact on the amenities of nearby residential accommodation late at night, contrary to the provisions of Policy 2.24 (Residential Amenity) of the Deposit Unitary Development Plan (October 2003).

3.4 1637/E: Planning permission refused in September 2008 for variation of

condition 3 of planning permission 04/1669/E to allow use until 10.00pm Monday – Thursday (inclusive), until 11.00pm Fridays and Saturdays and until 10.30 on Sundays for the following reason:

1. The proposed variation of Condition 3 of planning permission 04/1669E

to allow use until 10.00 p.m. Monday-Thursday (inclusive), until 11.00 p.m. Fridays and Saturdays and until 10.30 on Sundays would result in noise associated with the premises having a detrimental impact on the amenities of nearby residential accommodation late at night, contrary to the provisions of Policy 2.24 (Residential Amenity) of the Deposit Unitary Development Plan (October 2003).

3.5 06/00291/E: Planning permission refused in April 2006 to amend condition 3

(relating to hours of operation of club premises) planning permission 04/01669/E to allow use until 22.00 Monday – Thursday inclusive, until 23.00 Fridays and Saturdays and until 22.30 on Sundays for the following reason:

1. The proposed modification of Condition 3 of planning permission

04/1669E to allow use until 2200 Monday to Thursday (inclusive), until 2300 Fridays and Saturdays and until 2230 on Sundays would be likely to result in noise associated with the premises having a detrimental impact upon the amenities of nearby residential accommodation late at night, contrary to the provisions of Policy 2.24 (Residential Amenity) of the Deposit Unitary Development Plan (October 2003).

3.6 05/00433/E: Planning permission sought to amend condition 3 of permission

no. 04/01669/E relating to hours of operation of club premises, to allow use until 10.00 p.m. Monday - Thursday (inclusive) and until 11.00 p.m. Friday - Sunday (inclusive). This application was withdrawn prior to determination.

3.7 04/02850/E: Planning permission was refused in January 2005 for the

change of use of a ground floor fitness gymnasium to an office. This decision was upheld at appeal.

3.8 04/1669/E: Planning permission granted in September 2004 for the following

amendments to the scheme approved under permission no. 03/0368/R:

(i) addition of an external fire escape staircase and doors to the side (north) elevation;

202

(ii) the enclosure of the viewing pavilion with curtain walling and a flat roof; (iii) additional windows and access doors to the rear (east) elevation,

replacement of one window with a door to the front (west) elevation for deliveries only;

(iv) retention of access and gates to facilitate delivery access; (v) internal layout changes consisting of enveloping covered space in the

northeast corner to provide an enlarged sports hall and a fitness gym at ground floor and an aerobics studio at first floor; and

(vi) omit stewards flat to incorporate kitchen and w.c. facilities and an administration office.

3.9 03/0368/E: Planning permission granted in July 2003 for new community

sports complex and stewards flat. 3.10 02/2371/R: Planning permission was sought for a new community sports

complex and steward’s flat, though it was withdrawn prior to consideration by Committee.

3.11 99/1113/R: Permission was renewed in September 1999 for the construction

of a spectator stand on the Harlequins Ground. This permission has not been implemented.

3.12 93/0790/R: Permission was granted on appeal for the construction of a

spectator stand on the Harlequins Ground to the rear of 347 to 359 Newport Road in August 1994. The applicant was St Peters RFC.

3.13 92/0968/R: South Glamorgan County Council granted outline planning

permission in October 1992 for residential development on the site of the current application.

4. POLICY FRAMEWORK 4.1 Planning Policy Wales, 4th Edition (February 2011) 4.2 Technical Advice Notes (TANs):

11 Noise (1997) 4.3 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011

(April 1997):

EV1 Towards Sustainable Development MV1 Location of New Developments

4.4 Relevant policies from the City of Cardiff Local Plan (January 1996):

11 Design and Aesthetic Quality 17 Parking and Servicing Facilities

4.5 Relevant Policies from the deposit Unitary Development Plan (October 2003):

203

2.20 Good Design 2.24 Residential Amenity 2.57 Access, Circulation and Parking Requirements

5. INTERNAL CONSULTEES RESPONSES 5.1 The Operational Manager, Environment (Noise and Air) has no objection. 5.2 The Operational Manager, Transportation, has no objection. 5.3 The Operational Manager, Waste Management, advises that an increase in

hours of operation may lead to an increase in the volume of waste that is produced, which should be reflected in an increase in storage capacity or an increase in collections.

6. EXTERNAL CONSULTEES RESPONSES 6.1 The South Wales Police Crime Reduction Advisor has no objection to the

proposals. 7. REPRESENTATIONS 7.1 Local Members have been consulted. Any comments received will be

reported to Committee. 7.2 The proposals were advertised by site notice. The consultation period expired

on 14 June 2012. 7.3 Neighbours have been consulted. 6 no. individual letters of objection have

been received from the occupiers of 4 and 5 Sturminster Road, 1 and 22 Axminster Road and 23 and 29 Southminster Road. Their objections can be summarised as follows:

(i) Damage to and loss of residential amenity; (ii) The club volunteered restrictions on hours of operation on the original

application; (iii) Conditions must remain in place to limit noise pollution; (iv) Disruption late at night by patrons leaving the premises; (v) Increase in anti-social and criminal behaviour; (vi) Development is incompatible with surrounding quiet residential area; (vii) There is a long history of refusals to extend hours; (viii) Concern at future proposals to extend hours even further; (ix) Club members staffing the doors is unrealistic; (x) Increase in parking problems; (xi) The continual applications waste everyone’s time.

204

8. ANALYSIS 8.1 The key issue for the consideration of this application is the impact of the

proposed extension of opening hours upon the amenities of residents who live in the vicinity of the application site.

8.2 Mindful of the long planning history on the site relating to the hours of

operation, Planning Committee resolved to grant planning permission for the extended hours in December 2011 for a temporary period of 6 months, within which time the applicant was required to carry out a noise survey and submit its to the local planning authority for approval.

8.3 The survey was submitted in March 2012 and was discharged by the local

planning authority in April 2012, having been accepted by the Operational Manager, Environment (Noise and Air).

8.4 The concerns of the local residents expressed in paragraph 7.3 of this report

are noted. However, the findings of the noise survey have been accepted by Council officers and no grounds for a further refusal of permission, or another grant of temporary permission, are considered to be viable options for the local planning authority.

8.5 Conditions 2 and 3 are recommended to safeguard the amenities of

residential occupiers in the vicinity of the clubhouse which were attached by the Inspector in allowing the appeal for application no. 09/1622/E. It is considered that the inclusion of these conditions is sufficient to safeguard the amenities of local residents. Members should note that in, allowing the appeal, the Inspector stated: “As I observed on site, the permanent closure of the club bar windows facing over the car park and the management of external areas at closing times has the potential to overcome the worst fears regarding noise and disturbance of the immediate neighbours” (paragraph 11).

8.6 It is noted that the South Wales Police Architect Liaison Office, the

Operational Manager, Transportation and the Operational Manager, Environment (Noise and Air) have no objection to the proposals.

8.7 It is recommended that condition 3 of planning permission no. 04/01669/E be

varied and relevant additional conditions be attached (of which conditions 4-9 inclusive are carried forward from permission number 04/1669/E).

205

206

COMMITTEE DATE: 11/07/2012 APPLICATION No. 12/804/DCO APPLICATION DATE: 11/05/2012 ED: CANTON APP: TYPE: Variation of conditions APPLICANT: Capital Retail Park Partnership LOCATION: CAPITAL RETAIL PARK, LECKWITH ROAD, LECKWITH PROPOSAL: VARIATION OF CONDITION 39 OF PLANNING PERMISSION 02/02679/R SUBSEQUENTLY AMENDED BY PLANNING PERMISSION 11/00932/DCO TO ALLOW A SINGLE UNIT TO BE USED FOR THE SALE AND DISPLAY OF MEN'S AND WOMEN'S FASHION CLOTHING FOOTWEAR AND ACCESSORIES. ___________________________________________________________________ RECOMMENDATION: That planning permission be GRANTED for the

carrying out of the development in accordance with planning permission reference 02/02679/R without complying with condition 39 but subject to the remaining conditions numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 40 and subject to the following condition:

1. The permission relates to a maximum gross retail (Class A1) and

warehouse club (sui generis) floorspace of 40,876 square metres gross external area comprising:

A. Not more than 40, 876 sq. m. gross floorspace which cannot be

used for purposes other than the sale of home improvement DIY products, plumbing and hardware, timber and tooling products, paint and wallpaper, garden supplies, furniture, carpets and other floor coverings, soft furnishings, homewares, electrical goods, gas supplies, computers, office equipment and supplies, pet products and accessories, motor parts and bicycles and accessories and shall not be used for any other purpose including Class A1 of the Town and Country Planning (Use Classes) Order 1987 or any other Order revoking, amending or re-enacting that Order with or without modifications. None of this floorspace shall be subdivided to form units of less than 929 sq. m.

B. A single foodstore not exceeding 9,941 sq. m. gross external

floorspace with a maximum of 6,641 sq. m net sales area which shall only be used for the sale of convenience goods, except that a maximum of 2,700 sq. m. of net sales area may be used for the sale of non-convenience goods of which no more than 930 sq. m. shall be used for the sale of clothing, and for no other purposes including those set out in Class A1 of the Town and Country Planning (Use Classes) Order 1987. (For the avoidance of doubt

207

‘convenience food goods shall be taken to mean food (including pet food), drink, tobacco, household cleaning materials and paper products, newspapers and magazines). None of the floorspace shall be subdivided to form more than one separate unit except for 744 sq. m. which may be used for the ancillary sale of convenience goods from a single, separate, non food unit.

C. Not more than 6,969 sq. m. (GEA) may be used for the sale of toys,

games and play equipment, baby care products, baby food, maternity wear, children’s clothing and footwear and maternity wear shall only be display and retailed on an ancillary basis and shall not occupy more than 20% or 465 sq. m. in any unit whichever is less. None of this floorspace shall be subdivided to form more than 4 separate units.

D. No more than 3252 sq. m. gross external floorspace shall be used

for the sale of sport clothing, sportswear (inc. footwear) and sporting equipment.

E. Not more than 1114.8 square metres net floorspace in a single unit

of 3716 square metres gross external area may be used for the sale and display of men’s, women’s and children’s fashion and sports clothing and footwear provided that the remaining retail floorspace is used for the sale and display of D.I.Y. products, plumbing and hardware, timber and tooling products, paint and wallpaper, garden supplies, furniture, carpets and other floor coverings, homewares, electrical goods and gas appliances, computers, office equipment and supplies, pet products and accessories and motor accessories. In the event that the applicant requires a smaller single unit to be used in part for the sale and display of men's, women's and children's fashion and sports clothing and footwear then the maximum net floorspace used for the sale and display of men's, women's and children's fashion and sports clothing and footwear will be reduced on a pro rata basis and the remaining floorspace shall be used for the sale and display of DIY products, plumbing and hardware, timber and tooling products, paint and wallpaper, garden supplies, furniture, carpets and other floor coverings, homewares, electrical goods and gas appliances, computers, office supplies, pet products and accessories and motor accessories.

F. A single unit of up to 1933 square metres (20,807square feet)

Gross External Area or 5% of the total permitted retail and warehouse club floorspace of the development may be used exclusively for the sale and display of men’s and/or women’s fashion clothing, footwear and fashion accessories;

G. Not more than 90 square metres. (GEA) may be used as a kiosk

associated with the petrol filling station.

208

Reason: In order to ensure that changes to the format and scale of the development would not compromise the retail strategy of the development plan and/or government planning guidance, in accordance with policy R4 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011, policy 50 of the Cardiff Local Plan (1996), policy 2.34 of the Deposit Cardiff Unitary Development Plan and paragraph 10.3.11 of Planning Policy Wales (2011).

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application seeks permission for the variation of condition 39 of the

outline planning permission 02/02679/R for the construction of an all-seater stadium, athletics stadium, foodstore and bulky goods retail and associated buildings, health and fitness club, hotel, A3 restaurant, petrol filling station and sports pitches all with associated car parking, landscaping and highway works. Condition 39 has already been amended several times, most recently by permission 11/00932/DCO.

1.2 Condition 39 relates to the types of goods that can be sold from the retail park

and the floorspace permitted for each. Condition 39 as amended by planning permission 11/00932/DCO reads:- The permission relates to a maximum gross retail (Class A1) and warehouse club (sui generis) floorspace of 40,876 square metres gross external area comprising:

A. Not more than 40, 876 sq. m. gross floorspace which cannot be used for purposes other than the sale of home improvement DIY products, plumbing and hardware, timber and tooling products, paint and wallpaper, garden supplies, furniture, carpets and other floor coverings, soft furnishings, homewares, electrical goods, gas supplies, computers, office equipment and supplies, pet products and accessories, motor parts and bicycles and accessories and shall not be used for any other purpose including Class A1 of the Town and Country Planning (Use Classes) Order 1987 or any other Order revoking, amending or re-enacting that Order with or without modifications. None of this floorspace shall be subdivided to form units of less than 929 sq. m.

B. A single foodstore not exceeding 9,941 sq. m. gross external floorspace with a maximum of 6,641 sq. m net sales area which shall only be used for the sale of convenience goods, except that a maximum of 2,700 sq. m. of net sales area may be used for the sale of non-convenience goods of which no more than 930 sq. m. shall be used for the sale of clothing, and for no other purposes including those set out in Class A1 of the Town and Country Planning (Use Classes) Order 1987. (For the avoidance of doubt ‘convenience food goods shall be taken to mean food (including pet food), drink, tobacco, household cleaning materials and paper products, newspapers and magazines). None of the floorspace shall be subdivided to form more than one separate unit except for 744 sq. m. which may be used for the ancillary sale of convenience goods from a single, separate, non food unit.

C. Not more than 6,969 sq. m. (GEA) may be used for the sale of toys,

209

games and play equipment, baby care products, baby food, maternity wear, children’s clothing and footwear and maternity wear shall only be display and retailed on an ancillary basis and shall not occupy more than 20% or 465 sq. m. in any unit whichever is less. None of this floorspace shall be subdivided to form more than 4 separate units.

D. No more than 3252 sq. m. gross external floorspace shall be used for the sale of sport clothing, sportswear (inc. footwear) and sporting equipment.

E. Not more than 1114.8 square metres net floorspace in a single unit of 3716 square metres gross external area may be used for the sale and display of men’s, women’s and children’s fashion and sports clothing and footwear provided that the remaining retail floorspace is used for the sale and display of D.I.Y. products, plumbing and hardware, timber and tooling products, paint and wallpaper, garden supplies, furniture, carpets and other floor coverings, homewares, electrical goods and gas appliances, computers, office equipment and supplies, pet products and accessories and motor accessories. In the event that the applicant requires a smaller single unit to be used in part for the sale and display of men's, women's and children's fashion and sports clothing and footwear then the maximum net floorspace used for the sale and display of men's, women's and children's fashion and sports clothing and footwear will be reduced on a pro rata basis and the remaining floorspace shall be used for the sale and display of DIY products, plumbing and hardware, timber and tooling products, paint and wallpaper, garden supplies, furniture, carpets and other floor coverings, homewares, electrical goods and gas appliances, computers, office supplies, pet products and accessories and motor accessories. F. Not more than 90 sq. m. (GEA) may be used as a kiosk associated with the petrol filling station. Reason: In order to ensure that changes to the format and scale of the development would not compromise the retail strategy of the development plan and/or government planning guidance, in accordance with policy R4 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011, policy 50 of the Cardiff Local Plan (1996), policy 2.34 of the Deposit Cardiff Unitary Development Plan and paragraph 10.3.11 of Planning Policy Wales (2011).

A note appended to the decision notice also noted that:- The sale and display of fashion accessories including, but not limited to, handbags, hair accessories and fashion jewellery is permitted within the terms on Condition 39 E, subject to these goods being displayed for sale within the 1114.8 sq.m of floorspace permitted for the sale of men's, women's and children's fashion and sports clothing and footwear and the range of goods being strictly ancillary to the sale and display of men's, women's and children's fashion and sports clothing and footwear.

1.3 The planning consent was additionally subject to a S106 agreement which has the effect of controlling the amount of floorspace on the retail park, i.e. that part of the site excluding Costco and Asda. This means that no additional retail floorspace can be created on the site without planning permission. The agreement also gave up flexibility in the planning permission in relation to the

210

unit occupied by Les Croupier (Unit 8) so that it cannot revert to retail use. 1.4 The application seeks to enable “Outfit”, the retail park brand of the Arcadia

group (high street fashion retailers), to locate in unit 2 which has been vacated by Next following Next’s relocation to units 5a and 5b. The variation of the condition is required to allow a single unit of up to 1933 square metres gross external floor space, or no more than 5% of the total retail and warehouse club floor space, to be used solely for the sale of clothing, footwear and accessories from a number of brands owned by the Arcadia Group. The following brands will be represented: Dorothy Perkins, Top Man, Top Shop, Burton, Miss Selfridge, Wallis, Oasis and Lloyd’s shoes.

1.5 In order to achieve this, the application seeks the addition of a new subsection

(f) to Condition 39 as follows: (f) A single unit of up to 1933m2 (20,807ft2) Gross External Area or 5% of the

total permitted retail and warehouse club floorspace of the development may be used exclusively for the sale and display of men’s, women’s fashion clothing, footwear and fashion accessories;

and the renumbering of current subsection (f).

1.6 Agents for the applicant have provided information in support of the

application in the form of a retail assessment giving information on expenditure, the sequential approach to site selection and retail impact.

2. DESCRIPTION OF SITE 2.1 Unit 2 is a retail unit with a gross internal floor area of 1860 square metres

(gross external floor area 1936 square metres) located within a group of 9 units retail units plus a supermarket and retail warehouse on the Capital Retail Park, to the south of the Cardiff City Stadium. The unit has been occupied by Next (homewares) but will shortly become vacant.

3. SITE HISTORY 3.1 02/02679/R - Outline Planning Permission for Construction Of All Seater

Stadium, Athletics Stadium, Foodstore And Bulky Goods Retail And Associated Buildings; Health And Fitness Club, Hotel, A3 Restaurant, Petrol Filling Station And Sports Pitches (All Weather And Grass) - All With Associated Car Parking, Landscaping And Highway Works.

3.2 04/01075/W - Amendment to Condition 39 of Planning Consent Ref

02/2679/R To Allow For A Wider Range Of Goods To Be Sold On The Consented Retail Scheme (including no more than 6968 sq m (gross external) to be used for the sale of toys, games and play equipment, baby care products, computers, books, prams, pushchairs and safety equipment, baby foods, maternity wear, children's clothing and footwear and no more than 3716 sq m gross floorspace to be used for the sale of sports clothing, sportswear (including sports footwear) and sporting equipment.

211

3.3 04/2689W - Modification Of Condition 39 Of Consent 02/2679r As Modified By

Consent 04/1075w To Allow In A Single Unit Of Up To 3252 Sq M Up To 20% Of Floor Space To Be Used For The Sale Of Men’s, Women’s And Children’s Clothing.

3.4 04/2690W - Modification Of Condition 39 Of Consent 02/2679r As Modified By

Consent 04/1075w To Allow The Floorspace Devoted To Sports Clothing, Sports Wear (Including Sports Footwear) And Sporting Equipment To Be Increased From 3716 Sq M To 4645 Sq M.

3.5 04/2693W - Modification Of Condition 39 Of Consent 02/2679r As Amended

By Consent 04/1075w That Floor Space Not Used As A Food Store May Be Used For Bulky Goods.

3.6 06/423/W - Modification Of Condition 39 Of Planning Consent Ref. 02/2679/R

As Amended By Consents 04/1075w, 04/2689w, 04/2690w And 04/2693w To Alter The Floorspace Restrictions In Respect Of The Foodstore And Petrol Filling Station.

3.7 06/1664W - Modification of Condition 39 of Planning Consent Ref 02/02679/W

to Allow Ancillary Food Sales in One Unit and In Floorspace Of Up to 744 Sq M.

3.8 11/00932/DCO - Modification of Condition 39 of Planning Consent Ref

02/02679/W to Allow Occupation by Next for the Sale of Furniture, Furnishings and Homewares and Men’s, Women’s and Children’s Clothing and Footwear.

4. POLICY FRAMEWORK 4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan: R4 – Out of centre retail development will only be permitted where the

proposal i) cannot be accommodated on suitable alternative sites within or adjoining existing or planned centres; ii) does not undermine the viability, vitality and attractiveness of existing and committed retail floorspace in existing or planned centres; iii) does not undermine the viability of proposed urban regeneration schemes; iv) is well served by public transport and is easily accessible for people wishing to travel other than by car; and v) conforms with other development plan policies.

4.2 Cardiff Local Plan: 50 – Proposals for retail development at locations other than [defined centres]

will only be permitted if: i) the proposal cannot be satisfactorily accommodated within or adjoining an existing or planned centre; and ii) there is no need to preserve the site for its existing or allocated use, assessed against relevant policies of the plan; and iii) the proposal is not within the countryside or urban fringe; and iv) the proposal would not cause or contribute unacceptable harm to the vitality and viability of existing or planned centres, or threaten strategies aimed at sustaining and enhancing such centres; and v) the proposal would

212

not cause or contribute unacceptable harm to approved urban regeneration schemes; and vi) resultant traffic flows, travel patterns, energy use and other emissions would be minimised; and vii) the proposal would be well located by reference to public transport and for those wishing to travel other than by car; and viii) car parking provision and servicing facilities are adequate; and ix) the proposal is acceptable in terms of scale, design and amenity considerations.

4.3 Planning Policy Wales (2011):

10.3.1: When determining a planning application for retail, leisure or other uses best located in a town centre, including redevelopment, extensions or variation of conditions, local planning authorities should take into account: • Compatibility with any community strategy or up to date development plan

strategy; • Need for the development , unless the proposal is for a site within a

defined centre or one allocated in an up to date development plan; • The sequential approach to site selection; • Impact on existing centres; • Net gains in floorspace where redevelopment is involved and whether or

not it is like for like in terms of comparison or convenience; • Rate of take-up of allocations in any adopted development plan; • Accessibility by a variety of modes of travel; • Improvements to public transport; • Impact on overall travel patterns; and • Best use of land close to any transport hub, in terms of density and mixed

use. 10.3.3: where need is a consideration, precedence should be given to establishing quantitative rather than qualitative need. 10.3.4: Developers should be able to demonstrate that all potential town centre options, and then edge of centre options, have been thoroughly assessed using the sequential approach before out-of-centre sites are considered for key town centre uses. 10.3.11: gives guidance on controlling subsequent changes to out-of-centre retail developments. Conditions should be used to prevent the development being subdivided into a larger number of smaller shops, to limit the range of goods sold or to restrict the amount of floorspace.

4.4 Technical Advice Note 4 – Retailing and Town Centres (1996). 5. INTERNAL CONSULTEE RESPONSES 5.1 Operational Manager Transportation: The comments of the Operational

Manager will be reported to the Committee. 6. EXTERNAL CONSULTEES RESPONSES 6.1 Not applicable.

213

7. REPRESENTATIONS 7.1 No comments have been received as a result of advertisement of the

application. 8. ANALYSIS 8.1 The need for a quantum of retail floorspace at this location to enable the

provision of a new football stadium and recreational facilities was established by the Council granting outline planning permission for application 02/2679/R. However, it was recognised at that time that restrictions were needed on the retail floorspace and types of goods that could be sold at the retail park, and Condition 39 of that permission set an overall retail floorspace limit and specified a range of goods which could be sold from the development.

8.2 The main issue to be considered is whether the variation of condition 39 as

proposed in this application would result in an unacceptable impact on any defined development plan centre or would harm the Council’s Retail Strategy.

8.3 The application site is within an out-of-centre location in terms of retail policy.

Policy 50 of the Local Plan and Policy R4 of the South Glamorgan (Cardiff Area) Replacement Structure Plan are designed to ensure that development is not permitted that would undermine the vitality and viability of the city centre and other centres protected by the development plan, and Planning Policy Wales is clear that planning applications to vary retail trading conditions in out-of-centre locations should be assessed against the following tests:-

(i). compatibility with a Community or up-to-date Development Plan Strategy; (ii). consideration of need; (iii). the sequential approach to site selection; and (IV). the impact on existing centres.

8.4 Quantitative Need

In accordance with national planning policy a quantitative need assessment for the proposal has been undertaken by the agent. As the proposal does not involve new floorspace but a relaxation of the existing restriction on the proportion of different types of goods that can be sold from the unit, the agent has based the assessment on the likely change in turnover of the unit resulting from the proposed change in the goods restriction i.e. whether the change in restriction is likely to result in a comparison turnover that is materially different to what could be currently achieved from the unit.

8.5 In order to address quantitative need, the agents have examined the

expenditure available to support the proposal using forecast expenditure growth figures from the Council’s Retail Capacity Study. The store is expected to have an annual turnover of 2.48m. Set in the context of the forecast expenditure growth, the proposed turnover represents 1.6% of growth in non bulky comparison goods expenditure 2008-2016.

214

8.6 Whilst the store turnover and the forecast expenditure growth figures would appear to support a quantitative need for the store, a base year of 2008 has been used and this does not take into account any net gains in retail floorspace since that time which will also have a claim on the forecast growth in comparison expenditure. However, since 2008 Cardiff has experienced a rise in population and it can be reasonable to expect that there has therefore been a proportional rise in forecast comparison goods expenditure to support the store. Furthermore, the potential impact of St. David’s 2 has already been taken account of in the expenditure figures and there is no evidence to suggest that there has been any significant additional provision of comparison goods floorspace since 2008. Therefore it is considered that quantitative need for the proposal has been demonstrated.

8.7 Sequential Approach

The agent has provided a report prepared by EJ Hales which reviews available units and sites in Cardiff City Centre and the nearby district centres of Cowbridge Road East and Clare Road/Penarth Road. The report reviews the available units of upwards of 1929 sq m or sites capable of accommodating such units and demonstrates that there are 2 units capable of accommodating the floorspace required by Arcadia in St. David’s 2 and no sites or units in the district centres of Cowbridge Road East or Clare Road/Penarth Road.

8.8 Despite the availability of sequentially preferable sites in the city centre that

are capable of accommodating the Outfit proposal, Arcadia already have extensive representation in the city centre occupying 6931 sq m of retail sales floorspace across a number of brands, trading from Top Shop, Top Man, Dorothy Perkins, Miss Selfridge, Wallis, BHS, Burtons and Evans and offering a far greater choice than that offered by the proposed Outfit store.

8.9 It is therefore considered that Arcadia have adopted a sequential approach to

site selection in that their various trading outlets occupy a number of locations in the city centre, and the Outfit format is considered to complement existing city centre provision rather than compete with it. If Arcadia is to occupy this floorspace within the Capital Retail Park, this will amount to only 17% of their city centre representation.

8.10 Impact

The proposal would occupy an approved retail warehouse unit and would not result in an increase in floorspace. As such, in terms of impact, the main consideration is the type of goods to be retailed from the unit and the subsequent trade diversion from existing centres. An assessment of the impact of the proposed variation of condition has been provided by the agent. The potential trade draw of the proposed Outfit store is compared with the range of goods that are already permitted to be sold from the store.

8.11 The impact figures provided by the applicant demonstrate that compared to

the permitted range of goods, the proposed Outfit store would have the

215

greatest trade draw (25%) on the city centre, compared with the permitted range of goods which varies from 13% trade draw if the store were occupied by a discounter to 22% trade draw if the store were occupied by a sportswear retailer. However, given that there is only a marginal difference in trade draw between Outfit and the existing permitted range of goods, it is not considered that the difference is significant enough to impact on the vitality, viability and attractiveness of the city centre and other centres with development plan status.

8.12 Conclusions

The proposal would result in a single unit of 1933 sq m GEA, i.e. 5% of the total permitted retail and warehouse floorspace of the development, to be used exclusively for the sale of fashion clothing and footwear. This 5% is in addition to clothing sales already permitted at Asda (930 sq m) and Next (114.8 sq m.)

8.13 The site lies in an out-of-centre location and therefore conditions are imposed

on the retail park to limit the range of goods which can be sold from the retail park in order to protect the vitality and viability of the city centre and other centres with development plan status. Conditions on the retail park have been modified over time to allow the trading format of particular major retailers that sell a wide range of goods for which a large trading space is required, and non bulky comparison good have been allowed in general where they occupy ancillary floorspace in units selling a wide range of bulky goods

8.14 Despite the series of a relaxation of conditions, the sale of mainstream city

centre fashion clothing has been restricted in anything other than an ancillary form. Individual units selling fashion clothing and footwear remain an exclusion at Capital Retail Park and at other out-of-centre locations throughout Cardiff.

8.15 Cardiff Council has consistently sought to control the amount, size and nature

of out-of-centre retailing in order to sustain and enhance the vitality, viability and attractiveness of the defined city centre, district and local centres. The retail strategy is set out in Objective 5 of the Local Plan. Whilst the harm in a single case might not be significant, it could be argued that to allow the sale of fashion clothing and footwear which is considered a core city centre retailing function in this out-of-centre location could set a dangerous precedent for the same goods to be sold from other out-of-centre developments in the city where trading conditions apply. Once the integrity of the policy is weakened in this way there could well be a proliferation of similar cases, with considerable cumulative impact.

8.16 However, each application must be judged on its merits and it is considered

that allowing this proposal would not set a precedent for the approval of similar applications for a number of reasons:-

• Unlike many out of centre stores in Cardiff, particularly along Newport

Road which were unplanned and won on appeal, Capital Retail Park

216

developed as a planned out-of-centre retail park being originally accepted by the Council as enabling the development of a new football stadium and recreational facilities. The proposed product range – clothing - is already permitted on site and it is only the proportion of the floorspace devoted to this product range that will change.

• Capital Retail Park is the largest retail park in Cardiff comprising 40,876 sq m gross retail floorspace and this application should be considered in the context of the retail park as a whole. The Outfit proposal would occupy less than 5% of the gross floorspace of the retail park and the retail park essentially remains a bulky goods, trade and food shopping destination. The sale of fashion clothing and footwear therefore remains subordinate in the context of the retail park as a whole.

8.17 In summary, the retail assessment demonstrates a quantitative need for the

proposal arising from a forecast growth in comparison goods expenditure, satisfies the sequential approach to site selection and provides evidence that the impact on the city centre and other centres with development plan status will not be of such significance as to undermine the vitality, viability and attractiveness of such centres.

8.18 The applicants also contend that the proposal would “claw back” a certain

amount of expenditure that is currently being diverted to an Outfit store on another retail site outside of Cardiff, which is currently overtrading. Also, the proposal will have the additional benefit of providing 40 jobs, which is a material consideration in the determination of this application.

217

218