Planning Committee 20 11 2014 Reports - Vale of Glamorgan · 11/20/2014 · PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 3. PLANNING APPLICATIONS

Agenda Item No. THE VALE OF GLAMORGAN COUNCIL PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 1. BUILDING REGULATION APPLICATIONS AND OTHER BUILDING

CONTROL MATTERS DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS

(a) Building Regulation Applications - Pass For the information of Members, the following applications have been determined: 2014/0694/BR AC 29, Cae Canol, Penarth

Conversion of garage to habitable room & garden store

2014/0696/BR AC 101, Main Street, Barry

New bathroom adaptation & associated drainage work

2014/0699/BR AC Ty Gwyn, Pen Y Turnpike Road, Dinas Powys

Loft conversion

2014/0710/BN A 65, Cae Canol, Caversham Park, Penarth

Single storey extension to rear of property enlarging kitchen area to create kitchen/diner

2014/0712/BN A 2, Vere Street, Cadoxton

New office kit area & toilet & conversion to self contained flat

2014/0714/BN A 9, Eithinen Ber, Barry

Garage conversion into a playroom

2014/0717/BN A 9, Windsor Road, Barry

Renewal of ground floor slab to two storey rear annexe

2014/0718/BN A 74, Meadowvale, Barry

Removal of existing conservatory, proposed single storey extension to enlarge living room and form study

2014/0719/BN A Weycock Barn, Doghill Farm, Dyffryn

Proposed extension to form conservatory/living room

P.1

2014/0721/BN A 5, Hensol Villas, Hensol

Single storey rear extension

2014/0722/BN A 30, College Place, Barry

Loft conversion

2014/0723/BN A 7, Highlight Lane, Barry

Covert existing garage to room

2014/0724/BN A 21, Jestyn Close, Dinas Powys

Garage conversion

2014/0725/BN A 40, Churchfields, Barry

Convert existing garage to room for medical equipment & rest room

2014/0727/BN A De Sully Grange, Swanbridge, Sully

Kitchen extension single storey, installation of biodegradable treatment plant

2014/0728/BN A 63, Cornerswell Road, Penarth

Knocking kitchen & dining room into one, wall is a supporting wall

2014/0729/BN A 17, Caynham Avenue, Penarth

Rear & side extension to bungalow

2014/0730/BN A Redlands House, Penarth

Proposed dayroom kitchen, Internet room as per attached plan

2014/0731/BN A Redlands House, Penarth

Proposed new laundry

2014/0732/BN A 24, Redlands House, Penarth

Conversion of Bedsit to 1 bedroom flat, new stud partition, new doors 2NO. FD30

2014/0733/BN A 11, Redlands House, Penarth

Conversion of bed to 1 bedroom flat new stud partition, new doors (2no. FD30)

2014/0735/BN A 34, Pencoedtre Road, Barry

Single storey rear extension, 1 dormer to side elevation

2014/0737/BN A 23, Adenfield Way, Rhoose

Loft conversion with dormer

2014/0740/BN A 16, St. Brannocks Close, Barry

single storey bathroom extension & exempt single storey glazed conservatory

P.2

2014/0745/BN A 21, High Street, Penarth. CF64 1EZ

Widening of existing opening in wall

2014/0750/BN A Hazel Bungalow, Boverton

Ground floor side extension

2014/0755/BN A 14, Clos Cradog, Penarth

2 rooms into 1, Insert steels to structural drawing

2014/0763/BN A 16, Somerset Road, Barry

External thermal insulation plus dormer construction

2014/0764/BN A 74, St. Lukes Avenue, Penarth

Removal of pantry to accommodate WHQS kitchen


Remove existing pantry to accommodate WHQS kitchen design


Remove existing pantry to accommodate WHQS kitchen design


Remove pantry to accommodate WHQS kitchen design

2014/0769/BN A Redlands House, Redlands Avenue, Penarth

Proposed External works

(b) Building Regulation Applications - Reject For the information of Members, the following applications have been determined: Nil. (c) The Building (Approved Inspectors etc.) Regulations 2000 For the information of Members the following initial notices have been received: 2014/0222/AI A 117, Port Road West,

Barry Internal structural alteration to dwelling

2014/0223/AI A Former KMS House, Terra Nova Way, Penarth

Internal alterations to form office space and associated works

P.3

2014/0224/AI A 53, Cae Canol, Penarth Proposed single storey

rear extension, material alterations, controlled services

2014/0225/AI A 16, Speedwell Drive, Rhoose

Proposed loft conversion

2014/0226/AI A Waitrose Store, Palmerston Road, Barry

Alterations to supermarket

2014/0227/AI A 42, Baron Road, Penarth Proposed loft conversion to create 1 new room with en-suite facility at 2nd floor level and material alterations and controlled services

2014/0228/AI A Lloyds Pharmacy, Unit 1, Stirling Road, Barry

Internal alterations and associated works

2014/0229/AI A 8, Cog Road, Sully Extension to rear of property and associated works

2014/0230/AI A 33, Cardiff Road, Dinas Powys

Proposed formation of structural openings internally, new roof structure and internal alterations, services, fittings and thermal elements

2014/0231/AI A McDonalds Restaurant, Valegate Retail Park, Cardiff

Internal alterations and refurbishment

2014/0232/AI A 51, Cardigan Crescent, Boverton

Proposed structural opening in rear elevation of dwelling

2014/0233/AI A 12, Meadowcroft, Rhoose Proposed installation of velux windows to existing loft

2014/0234/AI A 60, Coleridge Avenue, Penarth

Proposed single storey rear extension

2014/0235/AI A 143, Port Road West, Barry

Internal alterations, dormer roof extension

P.4

Agenda Item No. THE VALE OF GLAMORGAN COUNCIL PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 3. PLANNING APPLICATIONS DETERMINED BY THE DIRECTOR UNDER

DELEGATED POWERS If Members have any queries on the details of these applications please contact the Department. Decision Codes A - Approved C - Unclear if permitted (PN) EB EIA (Scoping) Further

information required EN EIA (Screening) Not Required F - Prior approval required (PN) H - Allowed : Agricultural Condition

Imposed : Appeals J - Determined by NAfW L - Approved AND refused (LAW) P - Permittal (OBS - no objections)R - Refused

O - Outstanding (approved subject to the approval of Cadw OR to a prior agreement B - No observations (OBS) E Split Decision G - Approved the further information following

“F” above (PN) N - Non permittal (OBS - objections) NMA – Non Material Amendments Q - Referred to Secretary of State for Wales (HAZ) S - Special observations (OBS) U - Undetermined RE - Refused (Enforcement Unit Attention) V - Variation of condition(s) approved

2014/00627/FUL

A

43, Clive Place, Penarth

Material alterations to the side elevation

2014/00746/FUL

R

Rear of 15, Cedar Way, Penarth

Proposed Elderly/Disabled accommodation ancillary to main house

2014/00793/FUL

A

East End of The Mole, Barry Docks

Change of use from operational dockland to Barry Community Water Activity Centre, The Mole, Barry Docks

2014/00825/FUL

A

85, Glebe Street, Penarth

Change of use from tattoo studio to retail/shop. New shop front and front access to dwelling at first floor. Alteration to side and rear

P.5

2014/00848/FUL

A

Carter Lauren Construction, Bevan House, Penarth

Proposed warehouse extension to the side and rear

2014/00893/FUL

A

Edmonton, 84A, Broadway, Llanblethian

Proposed two storey extension plus sun terrace and other alterations

2014/00943/FUL

A

7a, Cosy Cottage, Elm Grove Road, Dinas Powys

Replacement of double Glazed sliding sash windows with mock sash horns.

2014/00963/FUL

A

The Duchy, Church Close, Ogmore By Sea

Ground floor extension to existing chalet bungalow, revised parking area/landscaping

2014/00968/RES

A

Site of former Sea Lawns Hotel, Slon Lane, Ogmore By Sea

Appearance (Reserved Matter) of seven apartments, associated with planning permission 2013/00881/OUT.

2014/00972/FUL

A

Southra Farm, Southra, Dinas Powys

Proposed alterations and extension to farmhouse

2014/00982/FUL

A

23, Adenfield Way, Rhoose

Works to roof increasing ridge height and rear dormer to provide first floor accommodation

2014/00985/ADV

A

Pump House, Hood Road, Barry

2 composite aluminium panels

2014/00987/FUL

A

Huckleberry, Sutton Lane, Ogmore By Sea

Alteration and extension of existing dwelling

2014/00990/FUL

A

Plemont, Cross Common Road, Dinas Powys

Car Port, Single storey rear and loft conversion extension

2014/00992/FUL

A

Plot Next to 55, Lakin Drive, Barry

Construction of new dwelling

2014/00999/FUL

A

12, Primrose Close, Cowbridge

Demolition of existing rear elevation conservatory and erection of a single storey rear elevation extension

P.6

2014/01009/FUL

A

10, Heol Y Frenhines, Dinas Powys

Proposed demolition of existing garage to be replaced with single storey rear extension to the dwelling to full width of the site

2014/01042/FUL

A

Swn Y Coed, Corntown

Proposed single storey extensions

2014/01045/FUL

A

10, Westward Rise, Barry

Rear orangery extension with pitched lantern style glazed rooflight

2014/01082/NMA

A

Treguff Farm, St Marys Church, Cowbridge

Installation and operation of a solar farm

2014/01096/PND

F

ITV Wales, The Television Centre, Culverhouse Cross, Cardiff

Proposed demolition

2014/01103/NMA

A

Land adjacent to Sutton Mawr Farm, Barry

Solar Farm

2014/00255/CAC

A

North Road, Cowbridge

Demolish the existing 1.5m high stone boundary wall that fronts onto North Road to allow for a new residential development, which is part of the application 2013/01247/FUL to construct five new dwellings.

2014/00483/FUL

A

Rear of 20, High Street, Cowbridge

Conversion of building to office use and extensions to building to provide covered external access stair to existing stone built property.

2014/00485/FUL

A

26, Hickman Road, Penarth

The change of use of the upper floors of the existing building from Commercial/Financial Services to Residential accommodation (2 bedroom maisonette) together with extensions to the existing building and a first floor level decking

P.7

2014/00770/FUL

A

4, The Crescent, Pontypridd Road, Barry

Demolish existing garage and construct new detached garage on footprint

2014/00775/LBC

A

Rear of No. 20, High Street, Cowbridge

Proposed covered external access stair to existing stone built property which is situated within the rear curtilage

2014/00805/FUL

A

Land south of Llwyn On Cottage, Trerhyngyll

Retention of Restoration and Extension of Barn to Provide Stables

2014/00834/RES

A

West Pond, Land at Barry Waterfront, Barry

Re-plan of 78 No. plots (1-15, 45-60 and 65-111) and provision of an additional plot (112) as previously permitted under applications 2009/00946/OUT and 2012/00732/EAR

2014/00969/FUL

A

New Brynsion Hall, Court Road, Barry

Proposed change of use of the chapel hall and adjacent community hall extension into office accommodation

2014/00986/FUL

A

20, Barons Close, Llantwit Major

Proposed new infill dwelling on land adjacent to No. 20 Barons Close, Llantwit Major

2014/00991/LAW

R

36, Baron Road, Penarth

Lean to garage

2014/00998/FUL

A

37, Coed Mawr, Barry

Porch extension to front elevation

2014/01001/FUL

A

Old Lifeguard Station, The Promenade, Barry Island

The change of use of Bay 5, Barry Island Promenade, from sui-generis to a mixed A1/A3 coffee shop, with associated works including layout changes to the building, and works to align the external appearance of the building to a coffee shop function

2014/01005/LAW

A

33, Tair Onen, Cowbridge

Detached domestic garage to existing dwelling

P.8

2014/01016/FUL

A

8, Cog Road, Sully

Erection of a single storey orangery extension to the back of a single occupancy residential property in place of an existing conservatory extension

2014/01021/LBC

A

The Parish Hall, Britway Road, Dinas Powys

Renewal of dilapidated roof covering over rear stage to include the removal of existing roof lights

2014/01023/FUL

A

6, Badgers Brook Close, Ystradowen

Proposed extension to provide a ground floor bedroom

2014/01026/FUL

A

11, Oakfield Road, Barry

Demolition of side/rear garage to accommodate new single storey side extension, protruding into space of existing garage. Car port to be incorporated as part of the side extension

2014/01029/RG3

A

Penarth Leisure Centre, Cogan, Penarth

Demolition to floor level and reconstruction of Health Suite

2014/01030/FUL

A

Foresters House, Leckwith

Ground and first floor extensions

2014/01034/LAW

A

7, Pleasant View, Barry

Addition of a small side extension to an existing detached bungalow to house an en suite and storage

2014/01098/NMA

A

3, Llwyn Passat, Portway Marina, Penarth

Proposed balcony to front elevation

2014/01132/NMA

A

Land South of the Railway Line, Trem Echni, Rhoose

Removal of Condition nos. 3, 4 and 5 of 2012/00937/FUL

P.9

2014/00394/FUL

A


Proposed demolition of existing single and two storey rear annexes and rebuilding of 2 storey extension to rear of property, plus carport and bin store , plus demolition and rebuild of front elevation

2014/00395/CAC

A


Proposed demolition of existing single and two storey rear annexes in relation to rebuilding of 2 storey extension to rear of property, plus carport and bin store. Also demolition and rebuilding of front and part of side elevation

2014/00633/FUL

A

Llanerch Vineyard, Hensol

Proposed retention of wine store and ancillary side marquee to main farmhouse

2014/00697/FUL

A

Land immediately south of Gwern Y Steeple

Proposed stable block including new vehicular site access

2014/00754/FUL

R

2, Eastbrook Close, Dinas Powys

Two storey side extension and single storey rear extension

2014/00791/FUL

A

Brynheulog, St. Andrews Road, Wenvoe

Proposed stables

2014/00920/FUL

A

The Pumphouse, Hood Road, Barry

Change of use and conversion of former pump house to create restaurant, cafe bar and bistro (A3), live / work units (C3), fitness club (D2)/ health salon (sui generis), car parking, access and servicing arrangements, public realm improvements and associated works.

P.10

2014/00926/LBC

A

The Pumphouse, Hood Road, Barry

Change of use and conversion of former pump house to create restaurant, cafe bar and bistro (A3), live / work units (C3), fitness club (D2)/ health salon (sui generis), car parking, access and servicing arrangements, public realm improvements and associated works.

2014/00954/FUL

A

Land adjacent to Evenlode School, Robinswood Crescent, Penarth

Construction of 1.5 storey dwelling (outline planning permission 2012/00027/OUT)

2014/00971/FUL

A

Colhugh Villa, Flanders Road, Llantwit Major

Installation of a sectional timber building

2014/00973/FUL

A

232, Holton Road, Barry

Change of use for flats 1 and 2 from residential flats to community charity and office space. There will be no structural changes to the properties

2014/00974/LBC

A

Penarth Pier Pavilion, The Esplanade, Penarth

The removal of a one storey spiral staircase in the cafe of The Pavilion and associated works

2014/01003/NMA

A

Former Emporium Garden Centre, Fferm Goch, Llangan

Condition 13 2012/00862/OUT is to be removed in line with Welsh Government legislation changes that have removed the requirement of Code for Sustainable Homes

P.11

2014/01011/FUL

A

1, Rogersmoor Close, Penarth

Proposed works to include the demolition of garage frontage to the left hand side of the property when facing from front. Single storey porch extension to the front of the property. Proposed dormers to the front and rear of the property. 4 no. Velux windows to front of the property. Pyramid rooflight to the rear flat roof and new bi-folding sliding doors

2014/01012/FUL

A

Former Lloyds, 208, Holton Road, Barry

Conversion of existing shop with two flats over into five flats

2014/01025/FUL

A

Barn B, Sheepcourt Farm, Bonvilston

Proposed extension and detached garage

2014/01031/FUL

R

Land adjacent to 3, Ty Uchaf, Penarth

Construction of garages with one bedroom flat above

2014/01032/OUT

A

Wilcot, Higher End, St. Athan

Proposed dwelling on infill plot

2014/01035/FUL

A

Rose Cottage, Westra, Dinas Powys

Change of use of existing detached studio/store to create one bedroom holiday let

2014/01043/FUL

A

McDonalds Restaurant Ltd, Valegate Retail Park, Copthorne Way, Cardiff

Access alterations including new layout and exterior alterations and extensions

2014/01044/ADV

R

McDonald's Restaurant Ltd, Valegate Retail Park, Copthorne Way, Cardiff

Installation of 2 no. freestanding signs and 1 no. banner

2014/01046/ADV

A

McDonald's Restaurant Ltd, Valegate Retail Park, Copthorne Way, Cardiff

Reconfiguration of existing signage and proposed new signage

P.12

2014/01051/FUL

A

121, Westbourne Road, Penarth

Demolition of existing rear single storey conservatory and utility room. Construction of new rear single storey extension and loft conversion with associated extension to side elevation.

2014/01090/FUL

A

4, White House, Barry

To construct a conservatory at rear of property

2014/01139/FUL

A

47, Redlands Road, Penarth

Proposed hip to gable, proposed rear dormer

2014/01195/NMA

A

27, Somerset View, Ogmore By Sea

Amendment to approved single storey extension

2014/01196/NMA

A

Bramerton House, St Brides Major

Replaced flue with chimney. Amendments to windows. Reduced size of glass in link section. Replaced approved stone and render with timber cladding

2014/01198/NMA

A

Site known as West Pond, Barry Waterfront

Residential development (up to 128 dwellings) by Taylor Wimpey Homes and associated infrastructure works parking servicing and landscaping - removal of conditions 9 and 10 of planning permission 2012/00806/EAR

2014/00770/FUL

A

4, The Crescent, Pontypridd Road, Barry

Demolish existing garage and construct new detached garage on footprint

2014/00969/FUL

A

New Brynsion Hall, Court Road, Barry

Proposed change of use of the chapel hall and adjacent community hall extension into office accommodation

2014/00986/FUL

A

20, Barons Close, Llantwit Major

Proposed new infill dwelling on land adjacent to No. 20 Barons Close, Llantwit Major

P.13

2014/00998/FUL

A

37, Coed Mawr, Barry

Porch extension to front elevation

2014/01016/FUL

A

8, Cog Road, Sully

Erection of a single storey orangery extension to the back of a single occupancy residential property in place of an existing conservatory extension

2014/01026/FUL

A

11, Oakfield Road, Barry

Demolition of side/rear garage to accommodate new single storey side extension, protruding into space of existing garage. Car port to be incorporated as part of the side extension

2014/01034/LAW

A

7, Pleasant View, Barry

Addition of a small side extension to an existing detached bungalow to house an en suite and storage

P.14

Agenda Item No. THE VALE OF GLAMORGAN COUNCIL PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 4. APPEALS (a) Planning Appeals Received L.P.A. Reference No: 2014/00325/FUL Appeal Method: Written Representations Appeal Reference No: 14/2225690 Appellant: Mr. Michael Harris, Location: Land between 15 & 17, The Paddocks,

Penarth Proposal: Construction of single dwelling with associated

works (variation to previously approved application ref: 2012/00873/FUL)

Start Date: 6 October 2014

L.P.A. Reference No: 2014/00470/FUL Appeal Method: Written Representations Appeal Reference No: 14/2226418 Appellant: Mr. Lee Peacock, Location: The Moorings, Highlight Lane, Barry Proposal: Erection of two storey dwelling within plot with

new vehicular access off Highlight Lane Start Date: 7 October 2014 L.P.A. Reference No: 2014/00100/OUT Appeal Method: Hearing Appeal Reference No: 14/2225338 Appellant: Mr. Daniel Radcliffe, Location: site adjacent and south of Nant Lle and north

of the Farmers Lane, Trerhyngyll Proposal: Erection of a 4 bed dwelling and single garage Start Date: 7 October 2014

L.P.A. Reference No: 2014/00247/FUL Appeal Method: Hearing Appeal Reference No: 14/2227169 Appellant: Mr. M. I. Baildon-Smith, Location: The Barley Field, The Lawns, Cwrt yr Ala

Road, Cardiff Proposal: Retrospective application for the excavation of 3

ponds/basins Start Date: 15 October 2014

P.15

L.P.A. Reference No: 2014/00101/FUL Appeal Method: Written Representations Appeal Reference No: 14/2226885 Appellant: Mr G J Hutchings Location: Lilypot Farm, Bonvilston Proposal: Removal of Condition 16 of planning permission

2013/00861/FUL, relating to two cabins for holiday let

Start Date: 23 October 2014 (b) Enforcement Appeals Received L.P.A. Reference No: 2014/00411/HH Appeal Method: Written Representations Appeal Reference No: T/14/516018 Appellant: Jean Davies Location: Bonvilla, Bonvilston Details: High hedge Start Date: 13 October 2014 (c) Planning Appeal Decisions L.P.A. Reference No: 2013/00843/FUL Appeal Method: Written Representations Appeal Reference No: 14/2220225 Appellant: Dr. Jerry Heath, Location: Lane End, Michaelston Le Pit Proposal: Appeal against condition 2 of planning

permission 2013/00843/FUL (The property hereby approved and the existing dwelling known as Lane End shall be used as a single residential property only, with both the existing and new build development being occupied by a single family unit or, if it can be demonstrated that there are no such eligible occupiers each part must be occupied by a person or persons who would be eligible for consideration for affordable housing under the local authority's housing policies, or a widow, widower or surviving civil partner of such a person, and to any resident dependants)

Decision: Appeal Allowed (although recorded as dismissed for the reasons set out below)

Date: 14 October 2014 Inspector: M. Hall Council Determination: Committee

P.16

Summary The appeal was in respect of the development granted planning permission by virtue of application 2013/00843/FUL for the erection of an annexe building containing primary living accommodation ancillary to the primary residence at Lane End, Michaelston Le Pit. In view of the nature and scale of the accommodation proposed in that application, the Council imposed a condition on the permission that the approved building and the original property (Lane End) shall be used as a single dwelling house and that if it could be demonstrated that there were no eligible occupiers, the new and existing building should be occupied as a unit of affordable housing. In making his appeal that appellant did not question the appropriateness of a condition preventing the future separation of ancillary accommodation. He did, however, question the means employed and, in particular, the inappropriate use of an affordable housing provision in the condition specifically devised for rural enterprise dwellings. Accordingly, the Inspector considered the main issue to be whether the condition was reasonable and necessary having regard to policies seeking to restrain new housing in the countryside. Whilst the Inspector noted that policies and guidance that restrict new dwellings in the Countryside, she also noted the planning history and the particular circumstances of the site. She found that, subject to the imposition of a condition requiring the new building to remain ancillary to the existing dwelling, she shared the Council’s view that the development can be exceptionally justified. Accordingly, the Inspector found that control by condition to be both reasonable and necessary in order to prevent inappropriate development in the open countryside. The appellant referred to the suggested wording of an appropriate condition in Government Guidance on the use of conditions, and the Inspector agreed that the proposed amendment to the wording of the condition to be appropriate. The Inspector understood the Council’s concern that the size and separation of the existing dwelling would lend itself to independent occupation in the future, but noted that the element of proposed condition designed to restrict occupancy would be enforceable and would therefore suffice in this regard. As for the Affordable Housing requirement of the Council’s condition, whilst the Inspector noted the need for affordable housing in this rural location, she also noted that the original application for the accommodation had not been advanced on this basis. Furthermore, she noted the requirement that both the existing and new parts be considered for affordable housing would have the effect of withdrawing the rights that the existing property currently enjoys. The Inspector considered this to be unduly restrictive and unnecessarily onerous. As such, the Inspector concluded that the part of the condition dealing with affordable housing provision was neither reasonable nor necessary in the context of the established tests for conditions.

P.17

Overall the Inspector found that a condition requiring the development to remain ancillary to the existing dwelling to be both necessary and reasonable but that the affordable housing requirement is unjustified and unnecessarily onerous. As such, the Inspector granted planning permission for the development but replacing the Council’s condition with the following: ‘The building hereby approved shall not be occupied at any time other than for Purposes ancillary to the residential use of the dwelling known as Lane End.’ Comment Whilst this appeal is determined as being ‘allowed’, the Inspector agreed with the Council’s view that the accommodation approved should remain ancillary to the primary residence at Lane End. In addition to this, by removing the affordable housing ‘option’ that the Council considered to be reasonable in this case, the condition imposed by the Inspector is more onerous than that imposed by the Council. Accordingly, the decision will be recorded for the purposes of this report as being dismissed. L.P.A. Reference No: 2014/00318/FUL Appeal Method: Written Representations Appeal Reference No: 14/2219931 Appellant: Mrs Brenda Phillips Location: Land at The Downs, Wick Road, Llantwit

Major Proposal: Erection of one dwelling Decision: Appeal Dismissed Date: 20 October 2014 Inspector: M. Hall Council Determination: Committee Summary The Inspector considered the principle issues to be:

1. The effect of the proposed development on the character and appearance of the surrounding area.

2. Whether future occupants of the development proposed would be provided with adequate opportunity to travel by means other than the private car, so contributing to sustainable patterns of development.

Character and appearance The Inspector noted the location of the site in a rural area and noted that no justification had been advanced by the appellant in compliance with the exceptions to new dwellings provided for by UDP policy ENV 1 and HOUS 3.

P.18

The Inspector considered that the construction of an additional dwelling at this location would represent an intrusion of built form into the countryside, extending the built form into an area currently unspoiled by development. She considered that this would harmfully erode the prevailing rural character of its setting. The Inspector was not convinced by the appellant’s argument that the site reads as part of the existing group of neighbouring dwellings. The Inspector identified that, in this context, the proposal would not meet the objectives of UDP Policy ENV 1 or HOUS 3 and that it would also conflict with UDP Strategic Policy 1 and Policy ENV 10 to safeguard the character of the countryside, as well as Policy ENV 27 to have full regard to the context of its environment. Whilst the Council objected to the development under UDP policy ENV 11 the ‘Sustainable Development’ Supplementary Planning Guidance (SPG), the Inspector found that these did not add anything more to the policies already considered relevant to this particular matter. The Inspector noted the appellant’s contention that the UDP is out of date and that greater weight should be afforded to Planning Policy Wales (PPW) and Technical Advice Notes (TANs). However, she considered that insofar as the relevant UDP policies seek to place strict control over development outside defined settlement limits and promote sustainable development they remain consistent with current national planning policy guidance. Nevertheless, The Inspector stated that in coming to her decision, she has had regard to the relevant guidance in PPW, TAN 6 ‘Planning for Sustainable Rural Communities’ and TAN 12 ‘Design’. The Inspector noted the appellant’s contention that the development would represent ‘rounding off’ of this group of dwellings, consistent with the aims of PPW. However, she considered that the harm to the character and appearance of the area would result in the proposal failing to meet with the aims of national planning policy in this regard. The Inspector also noted that Council’s Housing land supply position in the 2014 JHLAS (7.3 years). Within this context, she did not find that the development could be justified on the basis of housing land supply. Sustainability of location The Inspector noted that to cater for the day to day needs of the future occupants of the development there would be significant reliance on the car as a means of travel. As such, she considered the development would conflict with the aims of UDP Strategic Policies 2 and 8 and Policy ENV 27 which encourage highly accessible development that is located to minimise the need to travel, especially by car. She also considered the development to be at odds with the objectives of PPW insofar as it would be located outside of a settlement and would be inadequate in terms of its accessibility by non-car modes.

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L.P.A. Reference No: 2013/01179/FUL Appeal Method: Written Representations Appeal Reference No: 14/2219221 Appellant: Mr. Thomas Salter, Location: 17, Clive Place, Penarth Proposal: Removal of boundary wall and creation of off

road parking for two vehicles Decision: Appeal Dismissed Date: 15 October 2014 Inspector: M. Hall Council Determination: Delegated Summary The appeal site is located within the Penarth CA. As such, the Inspector noted that guidance within the adopted Penarth Conservation Area Supplementary Planning Guidance (SPG) which identifies that front gardens and forecourts make an important contribution to the ambiance of the area with plot boundaries, traditionally low brick or limestone walls, further enhancing the local sense of enclosure. The Inspector was of the view that, for the most part, this section of Clive Place retains its front boundary treatments, delineated mainly by low stone and/or brick walls with pillars either side of pedestrian gated accesses, which enclose front gardens or forecourt areas. She describes this as a good example of the type of traditional street scene that characterises the CA and which forms part of its special interest. She was of the view that the appeal property’s boundary wall makes a positive contribution to the character and appearance of the CA. With the above in mind, the Inspector was of the view that the proposal would create an opening in what is otherwise a continuous section of the existing front boundary wall. She was of the view that the proposal would erode and undermine the distinctive and prevailing character of the street scene. Whilst she accepted that there may be exceptions in the street where sections of boundary walls have been demolished in her view they do not dilute the overall continuity of the front boundary treatments and the special interest that remains in this respect. The Inspector concluded that the proposed development would neither preserve nor enhance the character or appearance of the CA, contrary to the intent of Section 72 (1) of the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 and in conflict with UDP Policies ENV 17, ENV 20, ENV 21, ENV 27 and Strategic Policy 1, as well as the SPG. The Inspector acknowledged the support for the proposals from other parties and the personal circumstances of the appellant, but found that these did not outweigh the harm identified above.

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L.P.A. Reference No: 2013/00745/OUT Appeal Method: Public Local Inquiry Appeal Reference No: 14/2213031 Appellant: United Welsh Housing Association Ltd and Location: Land South of Primrose Hill, Cowbridge Proposal: Residential development comprised of 60%

affordable housing and 40% open market family housing, and associated works, including strategic access point

Decision: Appeal Dismissed Date: 31 October 2014 Inspector: Mr. C. Nield Council Determination: Committee Summary The Inspector considered the Main issues to be: 1. its effect on the character and appearance of the area, particularly

bearing in mind its location outside the settlement boundary and in a Special Landscape Area;

2. whether or not it would be premature to grant permission in the

light of the emerging Local Development Plan;

3. whether or not the development would overload the wastewater treatment works; and

4. the benefits of the scheme in terms of the provision of housing,

especially affordable housing, in the light of an alleged shortage of available housing land in the area.

Character and Appearance of Area In the first instance the Inspector clarified that, although some elements of the UDP are time expired, its general policies remain extant and it remains the statutory adopted development plan. As such, he determined that the proposed development would be contrary to Policy ENV1 which presumes against development in the countryside (i.e. outside settlement boundaries), except certain specified exceptions or development approved under other policies of the Plan. Whilst the Inspector noted that provisions of policy HOUS13, for exception sites for affordable housing adjoining existing settlements, as 40% of the proposed development would be market housing he determined that the proposal would not fall within this exception. The Inspector noted that policy ENV1 is supported by Policies ENV4 and ENV10 which aim to protect designated Special Landscape Areas and other features of the countryside against development that would harm the landscape character, landscape features or its visual amenity.

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In terms of landscape impact, whilst he was of the view that the appeal scheme would only directly affect the appeal site and its immediate surroundings, he considered that impact to be locally significant. He identified the fields as being part of the “gateway” into Cowbridge, which in this location is substantially concealed by trees, hedges and the natural topography as one approaches from the east. The Inspector was of the view that the appeal site would become part of the urban area, clearly visible on rising land and with an access road providing views of the development as a whole as one approaches the town. This would be quite different in character from the present settlement edge. The Inspector noted the that the present settlement boundary had been described by the Council as “a defensible boundary” on account of its clear delineation by the lines of trees, hedges and public footpath and by the natural topography of the land. That clear boundary would be lost to be replaced by the appeal development. The Inspector did not consider any landscaping mitigation measures would prevent the development appearing as a modern housing estate. It would not fully conceal the development and the landscaping would itself become an intrusive feature detrimental to the open character of this agricultural area. On the issue of landscape impact the Inspector concluded that, although effects on the wider Special Landscape Area would be minimal, the harm to the character of the immediate area would be substantial and unacceptably harmful to the setting of the ancient town of Cowbridge. As for the impacts on visual amenity, the Inspector considered the appellant’s LVIA assessment to be an under-representation of the impacts. He considered the development would conflict with the existing visual character of the area and be unacceptably harmful to visual amenity. Whilst he acknowledged that landscape mitigation measures would go some way towards reducing its long-term impact, the prominent location of the site and its elevated nature would limit these benefits. He considered that, even in the longer-term, the development would continue to be a prominent and discordant feature in views of this rural landscape. The Inspector’s overall conclusion was that the proposed development would cause substantial harm to the character of the local area and to the rural setting of the town and that it would be a prominent and discordant feature unacceptably harmful to visual amenity in the rural landscape, contrary to the aims of UDP policies ENV4 and ENV10. Prematurity with respect to Emerging Local Development Plan The Inspector noted the guidance in Planning Policy Wales (PPW) on the issue of prematurity. The appeal scheme is for some 79 housing units which is equivalent to less than 1% of the total housing allocations proposed in the draft LDP and to about 14% of the 561 units proposed within Cowbridge. On this basis the Inspector did not conclude that the scheme goes to the heart of the Plan.

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Furthermore, he was not of the view that it would have a significant impact on an important settlement, or a substantial area, with an identifiable character. As his LVIA conclusions were made in the context of a relatively small local area, he did not consider the appeal scheme would be so significant as to predetermine decisions that ought properly to be taken in the LDP process. Prematurity is not a justifiable reason for refusing the appeal scheme. Overloading of Wastewater Treatment Works The Inspector noted that Council’s original concerns with regard to overloading of the wastewater treatment works (WWTW), following an objection for Dŵr Cymru Welsh Water (DCWW). He also noted that progress that had been made during the appeal to overcome their objection. On this basis he was satisfied that the matter would be adequately addressed and that lack of capacity at the wastewater treatment works would not be a justifiable reason for refusing the appeal. It will be noted that the Council agreed with this position. Benefits in Provision of Housing The Inspector considered the benefits of the proposed development and the appellant’s assertion that there is a pressing need for both affordable housing and market housing in the County, the Vale area and in Cowbridge itself. The appellant pointed to the modest number of housing units built each year over the past 10 years and to the Council’s 2010 Local Housing Market Assessment, which identifies a critical need for affordable housing throughout the County. The Inspector noted that there was no dispute that there is a severe lack of affordable housing in the area. He also noted the provisions of policy HOUS13, as mentioned above, which is in line with national policy in Planning Policy Wales. The Inspector did, however, note that the national guidance states that “Affordable housing exception sites are not appropriate for market housing”, and suggested that this must apply to interpretation of UDP Policy HOUS13. Notwithstanding this, the Inspector suggested that the benefits of providing much needed housing, and especially affordable housing, in Cowbridge remain a material consideration. The Inspector noted the disagreement between the Council and the appellant with regard to the supply of housing land available in the Vale. He noted that the Council had calculated the 2014 Joint Housing Land Availability Study (JHLAS) in accordance with the national guidance, and that the resulting 7.3 years supply of available housing land indicates there is an ample supply of land. On this basis he noted that there was no need to use non-allocated land in order to meet housing need. Notwithstanding this, the Inspector considered the Appellants’ wider argument of need to be a material consideration.

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The Inspector suggested that, if the appellant were correct in the arguments put forward with regard to the supply of housing land (i.e. that there was a significant shortfall), this would be given considerable weight in this appeal provided the development would comply with other national planning policies. In conclusion on this matter, the Inspector set out that there is a need for housing in the County and, more specifically, in Cowbridge itself. That need is even more pressing for affordable housing. He stated that the 2014 JHLAS indicates a satisfactory situation so far as the availability of housing land is concerned, and on that basis the identified needs warrant only limited weight. Other Matters Firstly, in considering whether the proposed would meet policy aims for sustainability, whilst it is common ground that the proposal meets many elements of sustainability, in view of the site’s location outside the settlement boundary in a Special Landscape Area and the harm it would cause to the landscape, the Inspector found the development to be unsustainable. Secondly, with regard to the Appellants’ claim that the development would benefit the town of Cowbridge, which it is claimed is showing signs of decline, the Inspector did not consider there to be any clear evidence of this. Finally, with regard to the weight to be attributed to the UDP policies, the Inspector noted that the key policies in this case are fundamental general policies aimed at safeguarding the character and appearance of the countryside. He was of the view that these remain entirely valid and consistent with the Welsh Government’s policies on sustainability; as such they continue to carry significant weight.

(d) Enforcement Appeal Decisions None

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(e) April 2014 - March 2015 Appeal Statistics

Determined Appeals

Dismissed Allowed Total

Appeals withdrawn /Invalid

W 12 3 15 - H 1 1 2 -

Planning Appeals (incl. tree appeals) PI 1 - 1 3

Planning Total 14

(78%) 4

(22%)

18 3

W - - - - H - - - 1

Enforcement Appeals

PI - - - -

Enforcement Total -

-

- 1

W 12 3 15 -

H 1 1 2 1 All Appeals PI 1 - 1 3

Combined Total 14

(78%) 4

(22%) 18 4

Background Papers

Relevant appeal decision notices and application files (as detailed above).

Contact Officer:

Mrs Justina M Moss, Tel: 01446 704690

Officers Consulted: Operational Manager Building and Development Control. ROB THOMAS DIRECTOR OF DEVELOPMENT SERVICES

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Agenda Item No. THE VALE OF GLAMORGAN COUNCIL PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 5. TREES (a) Delegated Powers If Members have any queries on the details of these applications please contact the Department. Decision Codes A - Approved E Split Decision

R - Refused

2014/01118/TCA

A


1) Crown raise and thin Chestnut by 25%; 2) Thin out and remove crossing branches English Oak

2014/01119/TCA

A


T1: Lime - Top/pollard at first branch break

2014/01144/TCA

A

The Chestnuts, Llysworney

Dismantle 1 no. Horse Chestnut, 1 no. Sycamore and 1 no. Beech and reduce 1 no. Plum by 1m. overall

2014/01120/TPO

A

Brynhyfryd, Llanmihangel Road, Llanblethian

Reduce both Horse Chestnut and Lime by 30%

2014/01150/TPO

A

Pump House, Sigingstone

40%-50% reduction (Pollard) of Eucalyptus

2014/01161/TCA

A

Twm Barlwm, Grove Road, Llandow

Remove semi mature Ash, remove Elder and remove Conifers

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Agenda Item No. THE VALE OF GLAMORGAN COUNCIL PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 9. PLANNING APPLICATIONS Background Papers The following reports are based upon the contents of the Planning Application files up to the date of dispatch of the agenda and reports.

2014/00268/FUL Received on 11 March 2014 Mr. John Blain, Penn Onn, Heol Saint-y-Nyll, St. Brides Super Ely, Vale of Glamorgan, CF5 6EZ Andrew Parker Architect, The Great Barn, Lillypot, Bonvilston, Vale of Glamorgan, CF5 6TR Car Park, 2 Stanwell Road, Penarth Proposed new dwelling in former car parking area SITE AND CONTEXT The application site comprises an area of car parking to the rear of an existing detached building, last used for office purposes, plus part of its garden curtilage. The existing frontage building is located on a corner plot at the junction of Rectory Road and Stanwell Road, whilst the application site lies to the south and is accessed off an unadopted lane. The lane also serves a number of existing properties, including Penarth Bowls Club, and residential, such as Rectory Court. The site is centrally located within Penarth with a mix of uses in the vicinity, including residential, and the tennis courts and a clubhouse immediately to the east on the opposite side of the lane. The existing car park provides parking for not only the frontage office building (now vacant), but also some of the residential properties that bound the site and front onto Stanwell Road. The site lies within both the Penarth Conservation Area and the residential settlement boundary for Penarth as defined in the Unitary Development Plan. DESCRIPTION OF DEVELOPMENT This is an application for full planning permission for the construction of a detached dwellinghouse. The proposed two bed dwelling will be sited in the northern area of the car park close to the existing access. The main body of the building will run alongside the boundary with the lane and will measure approximately 6.7m x 11m. It will accommodate a ground floor living room, kitchen, porch and terrace, with a first floor master bedroom and ensuite within a pitched roof to a ridge height of approximately 7.1m, which will also include dormer windows. A further wing to the property will project out to the south west and will measure approximately 13.8m along its frontage, with a depth of 6.8m. It will accommodate a ground floor hallway, w.c., bedroom with ensuite and a double car port, plus a first floor hobby room within a pitched roof to a ridge height of approximately 7.2m, which will also include dormer windows. Due to the change in levels across the site the proposal will also entail a ramped access within a landscaped frontage, plus a new retaining wall to the rear amenity area marking the boundary with No. 2 Stanwell Road.

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The proposed dwelling will be predominantly traditional in materials and design, including pitched roof, gable fronted dormers and red facing brickwork with yellow band courses and a red Rosemary tile roof. Some contemporary features will also be included, such as the screening to the ground floor terrace and Juliet balcony on the first floor front elevation.

Vehicular access will be via the existing entrance off the lane and two parking spaces will be provided within the proposed car port. The proposed site layout plan also shows 9 No. car parking spaces retained within the remainder of the area, plus the furthest southern area being grassed and planted with trees to provide an additional amenity area for the proposed dwelling. The application is accompanied by a Design and Access Statement (DAS). PLANNING HISTORY There is a long history of applications relating to the main property at No. 2 Stanwell Road plus the land adjoining the car park. A full history of the applications relating to No. 2 Stanwell Road is provided within the separate report on that application. The following are of particular relevance to the current application:

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1977/01179/OUT : Land to the r/o 6 Stanwell Road (now Rectory Court). Erection of two storey block of flats. Refused 15 November 1977 with subsequent appeal allowed 7 December 1978. 1980/01637/FUL : Land to the r/o 6 Stanwell Road (now Rectory Court). Erection of two storey block of flats. Approved 10 February 1981. 1981/01382/FUL : Land to r/o 6, Stanwell Road. Two storey block of 4 No. flats with 4 No. garages. Refused 17 November 1981 on the grounds of the siting not complying with previous approval and more obtrusive to Rectory lane. A subsequent appeal was allowed on 11 August 1982. 1983/00554/FUL : Occupation of existing office building for same use with the construction of additional parking spaces within rear garden. Approved 11 October 1983, subject to landscaping. 1983/01007/FUL : Part of rear garden at 6, Stanwell Road, Penarth (current car parking area). Extension of existing parking area, demolition of existing garage. Approved 13 March 1984 subject to conditions relating to vision splays and landscaping. 2008/01363/FUL : Proposed conversion of existing office building together with new extension previously approved for office use to form 10 No. flats with 15 No. car parking spaces. This application was resolved to be approved by Planning Committee on 30 April 2009 subject to the prior signing of a Section 106 Legal Agreement which was never entered into therefore the application was finally disposed of on 12 October 2009. 2012/01013/FUL : Proposed alterations and extension to existing building to form 5 No. flats. Withdrawn 29 January 2014. 2013/01111/TCA : Removal of three trees (Birch, Western Red Cedar and a multi-stemmed Sycamore) from rear car park. Approved 23 December 2013. 2014/00269/FUL : 2 Stanwell Road. Alterations and extensions to provide 5 No. flats, submitted in conjunction with the current application. Yet to be determined. CONSULTATIONS Penarth Town Council – Initial comments - “That the application be refused. Penarth Town Council considers this planning application to be an overdevelopment of the site, is obtrusive and unneighbourly.” Further comments – “That having viewed the amended plans received by the Vale of Glamorgan Council on 13 June 2014 showing the proposed car parking layout, the Town Council maintains its previous view that the application should be refused because the proposal is considered to be an obtrusive and unneighbourly form of overdevelopment of the site.”

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Comments on amended plans - “That having viewed the amended plans received by the Vale of Glamorgan Council on 14 July 2014 showing the proposed new layout, the Town Council maintains its previous view that the application should be refused because the proposal is considered to be an obtrusive and unneighbourly form of overdevelopment of the site.” Dwr Cymru/Welsh Water has requested that their standard conditions and advisory notes be attached to any consent. They have also requested that the developer be informed of the new legislation relating to communication with the public sewerage system. Chief Fire Officer comments: “The developer should consider the need for the provision of adequate water supplies for fire fighting purposes and access for emergency fire fighting appliances”. The Council’s Legal, Public Protection and Housing Services Directorate - Environmental Health – Pollution Section has no comments to make regarding the application. Council’s Estates Section note that the southern boundary which abuts land belonging to the Council is not annotated correctly. The Council’s Highway Development Team comment: “The Highway Authority would inform the Local Planning Authority that the proposals as submitted to construct a new residential dwelling served via a narrow un-adopted lane would receive objections based on the following: 1. The proposed development is likely to generate an increase in pedestrian

traffic on an un-adopted lane lacking adequate footways with consequent additional danger to all users.

2. The proposal would result in the loss of vehicle parking facilities within the

surrounding areas. 3. The proposed development is likely to result in a conflict between

residential and other users of the lane accessing adjacent sports facilities.” The Council’s Operational Manager Parks and Grounds Maintenance was consulted on 10 April 2014. No comments have been received to date. REPRESENTATIONS The occupiers of neighbouring properties were initially notified on 21 March 2014 and renotified on 16 June and 16 July 2014. In addition the application was also advertised in the press and on site on 3 April 2014.

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Representations have been received from nearby occupiers/owners, including Flats 1, 2 and 3 at 6 Stanwell Road, 4 Stanwell Road, Flat 1 Rectory Court. These are all available to view in full on file, however the representations from the occupiers of Flat 1, 6 Stanwell Road and 4 Stanwell Road are reproduced at Appendix A as being generally indicative of the objections raised. In summary these include: Increase in traffic making access difficult along the lane. Conflict of movements between the proposed dwelling and existing right of

access to separate parking spaces. The right of access would be adversely affected by the development, with

inadequate space for deliveries and emergency vehicles, which is compounded by the lack of access on the frontage of 6 Stanwell Road.

Access could not be maintained during construction. Loss of parking to bowls club. Visually intrusive. Adverse impact on privacy and the spaciousness of the area. Overshadowing of garden. Loss of trees which have already been removed from the site. Detrimental to neighbouring amenities. Problems with the drainage of the site, including issues of capacity within

the existing system. Disingenuous to have submitted two separate applications which should

not be considered in isolation. Errors in the submitted plans, including, inaccurate positioning of Yew tree

and garage to No. 4 Stanwell Road. An email from Mr. Penberthy in respect of the amended plans states: “The amended document resolves my initial reservations entirely and I have absolutely no objection to the proposed development.” In addition the applicant’s agent has submitted a copy of a letter to the owner of 6 Stanwell Road which is reproduced at Appendix B.

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REPORT Planning Policies The Development Plan for the area comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, which was formally adopted by the Council on 18 April 2005, and within which the following policies are of relevance: EMP4 – PROTECTION OF LAND FOR EMPLOYMENT USES

ENV6 – EAST VALE COAST (DEVELOPED COASTAL ZONE)

ENV11 – PROTECTION OF LANDSCAPE FEATURES

ENV17 – PROTECTION OF BUILT AND HISTORIC ENVIRONMENT

ENV20 – DEVELOPMENT IN CONSERVATION AREAS

ENV21 – DEMOLITION IN CONSERVATION AREAS

ENV27 – DESIGN OF NEW DEVELOPMENT

ENV28 – ACCESS FOR DISABLED PEOPLE

HOUS2 – ADDITIONAL RESIDENTIAL DEVELOPMENT

HOUS8 – RESIDENTIAL DEVELOPMENT CRITERIA

REC3 – PROVISION OF OPEN SPACE WITHIN NEW RESIDENTIAL DEVELOPMENTS

TRAN10 – PARKING STRATEGIC POLICIES 1 & 2- THE ENVIRONMENT, 3-HOUSING, 8-TRANSPORTATION

Planning Policy Wales (Edition 7, July 2014) advises that where development plan policies are outdated or superseded local planning authorities should give them decreasing weight in favour of other material considerations, such as national planning policy, in the determination of individual applications. It is for the decision-maker to determine whether policies in the adopted Development Plan are out of date or have been superseded by other material considerations and this should be done in light of the presumption in favour of sustainable development. In this case, the relevant material considerations are considered to be as follows: National Planning Policy: Planning Policy Wales (Edition 7, July 2014) - Including, Chapter 6 – Conserving the Historic Environment; Chapter 7 – Economic Development, in particular paragraphs 7.1.4, 7.2.1 and 7.6.3; and Chapter 9 – Housing, in particular 9.3.1, 9.3.3 and 9.3.4. Technical Advice Notes: TAN12 – Design, including paragraphs 2.6 and 5.11.3, which states: “The design of housing layouts and built form should reflect local context, including topography and building fabric. Response to context should not be confined to architectural finishes. The important contribution that can be made to local character by contemporary design, appropriate to context, should be acknowledged.

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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.” TAN16 - Sport, Recreation and Open Space Supplementary Planning Guidance: Amenity Standards SPG Trees and Development SPG Planning Obligations SPG Penarth Conservation Area Appraisal and Management Plan Background Evidence: Employment Land and Premises Study (2013) Housing Supply Background Paper (2013) Issues In assessing the proposal against the above policies and guidance it is considered that, although submitted as a separate application from the proposal to convert the existing main frontage building, the likely impact of the development cannot be considered in isolation from that application, reference 2014/00269/FUL. As such, the main issues are the same and include, the justification for the loss of an office use and its replacement with residential; the design and visual impact on the Penarth Conservation Area; the impact on neighbouring and residential amenity; and any detriment to highway safety. The planning history is also a material consideration in the determination of this application. Justification and Background In policy terms, as the proposal will result in the loss of parking associated with the last authorised use of 2 Stanwell Road for office purposes, along with part of its garden curtilage, then Policy EMP4 of the Council’s UDP is also relevant to the current application. This is covered in detail in the separate application 2014/00269/FUL. However, in summary, it is noted that although Policy EMP4 presumes against non-business development, nevertheless, it is considered that there is no material change in circumstances to justify a reversal of the Council’s two previous decisions to accept the principle of the conversion of the building back to its original residential use. It should be noted, however, that the earlier resolutions to approve the residential development were subject to conditions and a S106 Legal Agreement relating to the provision of a financial contribution for off-site open space. The need for such an agreement is also considered relevant to the current application and is examined in greater detail below.

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As for the principle of an additional new build dwelling, it is noted that the site is located within the residential settlement boundary for Penarth as defined in the UDP. As such, Policy HOUS2 allows for additional residential development, subject to the residential development criteria of Policy HOUS8. This is in line with national guidance including paragraph 9.3.4 of Planning Policy Wales which states: “In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered. High quality design and landscaping standards are particularly important to enable high density developments to fit into existing residential areas.” The acceptability of the details of the scheme in relation to local and national policy is assessed in detail below. Thus, the principle of the residential development of the site is acceptable, particularly as a windfall site such as the current application can contribute to the need for housing land supply identified in the background papers to the emerging Local Development Plan. Design and Visual Impact As already noted, the site lies within the Penarth Conservation Area, specifically within the Esplanade and Gardens Character Zone as identified within the Penarth Conservation Area Appraisal. This is in contrast to the frontage of the site which lies within the neighbouring Town Centre Character Zone. In addition, although the main frontage building at 2 Stanwell Road is identified as a “Positive Building”, the current site area has no particular significance within the Appraisal. However, the nearby tennis courts, bowling green and Alexandra Park are identified as areas of ‘Significant Open Space’. As such Policy ENV20 is relevant as well as criterion (iii) of Policy HOUS8 which requires that the proposal does not have an unacceptable impact on good quality agricultural land, on areas of attractive landscape or high quality townscape or on areas of historical, archaeological or ecological importance. Criterion (i) of HOUS8 also requires that the scale, form and character of the proposed development is sympathetic to the environs of the site. In assessing the impact of the proposal on the main frontage building, it is considered that the positioning of the dwelling is sufficiently distant, and of a subservient scale, such that it should not detract from the character and appearance of that property. As regards the wider impact on this part of the Penarth Conservation Area, although it could be argued that it is ‘backland’ development with no road frontage, nevertheless, there is a precedent for such development in the immediate area, with the existing flats at Rectory Court, and the Bowling Club. The proposed building will be smaller in size and more traditional in design when compared with Rectory Court.

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The scale and positioning close to the lane will be similar to the existing tennis club building. As such, even with the higher finished floor levels over part of the building, it is considered that the development will not be an intrusive or alien feature in the wider context. The Council’s Conservation Officer has indicated that he has no objections to the proposal. On the issue of the landscaping, it is noted that neighbour objections refer to the loss of trees across the site. It will be noted from the planning history that an earlier application for the removal of three trees from the car park, reference 2013/01111/TCA, was approved in December 2013. The current proposal does not entail the removal of any additional trees, and the Council’s Tree Officer has confirmed that there are no concerns with the current application. Some new planting is identified on the proposed layout plan, however, this appears incomplete, and certainly does not provide full details of hard landscaping or the boundary treatment, in particular the new retaining wall to the rear with the development of the proposed five flats. As such further details of this element of the scheme, along with appropriate planting, bearing in mind levels, etc., will need to be conditioned in any permission. Thus, notwithstanding the assessment of the further details required, it is considered that the proposal represents an acceptable form of new residential development that should serve to preserve the character and appearance of this part of the Penarth Conservation Area. Neighbouring and Residential Amenity The occupiers of the neighbouring properties have raised a number of objections relating to residential amenity, including issues of privacy and overshadowing. In relation to privacy it is noted that there are no first floor, habitable room windows in the elevations facing either the existing dwelling at 4 Stanwell Road or the proposed flats at 2 Stanwell Road. Apart from those windows that will overlook the lane, the majority of habitable room windows are positioned on the south and eastern elevations facing Rectory Court. Whilst these do include a terrace, a first floor Juliet balcony and dormer windows, they are identified as being more than 21m from the existing windows at Rectory Court, which is the minimum advised within the Council’s SPG on Amenity Standards. Indeed, as the two properties are also separated by access roads and parking, it is not considered that there would be any significant adverse effect on the existing levels of privacy. On the question of any potential overshadowing, as part of the proposed building will run along the south eastern boundary with 4 Stanwell Road then there will be some impact. However, as the proposed building is a relatively low-lying structure, which will be almost 30m from the main body of the neighbouring dwellinghouse, then any overshadowing would be at the far end of their garden and would not be to such a degree as to justify a refusal.

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In relation to the provision of amenity space for the proposed new dwelling itself, it is noted that the area immediately around the dwelling does not meet the Council’s minimum guidelines as outlined in the Amenity Standards SPG. Based on the gross floor area of the proposed dwelling, the layout should provide for around 273m2 of amenity space. Following discussion with the applicant and his agent amended plans have been submitted indicating a separate area of garden which is indicated as being formally laid out . This would increase the area provided by at least 340sq m. This area includes planting and a shed ( details required) with a hedge enclosure. Whilst separated from the dwelling its size and relative proximity are such that it could reasonably be considered as acceptable garden space. However, as the development site forms part of and was related to the former office use at 2 Stanwell Road, and there is the separate application for the residential flat development which is also short on amenity space, then it is considered necessary to seek a similar financial contribution towards off-site provision as indicated in Policy REC3 of the UDP, the Council’s SPG on Planning Obligations, and national guidance in TAN16 – Sport, Recreation and Open Space. This is covered in more detail below. Highways The greater part of the neighbour objections relate to concerns over highway issues, including the increase in traffic on the lane, and particularly the right of access that exists to car parking spaces for 6 Stanwell Road. The applicant’s agent has provided a copy of a letter sent to the owner of 6 Stanwell Road which confirms that the proposal will not affect the access and parking rights of the occupants. Although the applicant’s agent claims this is not a planning issue, in this case it is relevant as the existing situation allows access and parking to 6 Stanwell Road, which, as the objectors point out, currently has no other vehicular access/parking, nor any likelihood of providing any in the future due to its position at a traffic light controlled junction. Thus it is considered necessary to ensure that the new development does not block the current access and parking arrangements for that property. On this point there is some concern that the erection of a new dwelling close to the entrance off the lane could prejudice access to the remainder of the car park. Indeed although the proposal maintains an access beyond the end elevation of the dwelling of approximately 6m, this is at a position where garaging was indicated on the original submission. This is a concern as it has the potential to block movement to the remainder of the car park should cars be parked to the front of the garage, either temporarily to gain access to the garages, or more permanently by visitors, for example. To reduce the likelihood of such a situation arising, the plans have been amended to provide for an open car port rather than closed garaging.

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This will improve the temporary situation when the occupier of the new dwelling accesses their parking, but will not stop other parking to the front. However, it must be recognised that the obstruction of any access on a day-to-day basis, and continued legal rights of access, are not matters that can be controlled by planning legislation. Thus on the basis that an access to the remainder of the car park is shown, and with the change to a car port arrangement rather than closed garage doors, it is considered that the Council could not justify a refusal of the application on the grounds of the removal of existing parking to 6 Stanwell Road. In addition the Council would have even less justification to refuse the application on the grounds of the loss of parking for other properties in the area, that have not demonstrated any rights to such parking use, such as the Bowling Club. As for the remainder of the highway objections, including the objections of the Council’s Highway Development Team in relation to the generation of increased traffic on an un-adopted lane, and conflict between residential and other uses, again it is considered that a refusal on such grounds would not be justified in planning terms. There are already at least 7 No. residential properties at Rectory Court and the flats at 6 Stanwell Road that have access along the lane, and in terms of the conflict of movements between residential and other users, this will be reduced with the removal of parking associated with the former office use at 2 Stanwell Road. Finally as regards the level of car parking for the new dwelling, as a two bedroom property the Council’s parking standards require two spaces, which are shown within the proposed car port. It is considered that even if the ‘hobby’ room shown above the car port, were to be converted to an additional bedroom, thereby requiring an additional parking space, the provision currently shown would be acceptable bearing in mind the location of the site. Not only is the dwelling positioned within the context of a larger car parking area, but it is also in a sustainable central location within Penarth which is well served by public transport links. Planning Obligations As already noted there is a separate, but related, application (ref: 2014/00269/FUL) for the main building at 2 Stanwell Road, for its conversion and alteration to provide for 5 No. residential units. An examination of the planning history will also reveal that there have been two previous applications for similar residential development, which the Council resolved to approve subject to a S106 legal Agreement requiring a financial contribution towards off-site public open space. Members will note that the Committee report on application reference 2014/00269/FUL also recommends approval subject to the same S106 requirement relating to off-site open space. That report highlights that the same justification and policy background remains relevant to the revised scheme, and that as the current site for a new dwelling comprises part of the larger original whole, then it will also be subject to the S106 requirements in line with advice set out in the Planning Obligations SPG.

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In accordance with paragraph 8.4.7 of the supporting text to REC 3 of the UDP, residential developments of the scale proposed across the two applications, are required to provide an off-site contribution towards open space, as it would be impractical to provide the required area within the site. This is in line with national guidance, which states at paragraph 4.15 of TAN16 that planning obligations can be used to provide or enhance existing open space and that these will be justified where the quantity or quality of provision for recreation is inadequate or under threat, or where new development increases local needs. The Council’s SPG on Planning Obligations indicates at paragraph 19 that the off-site contribution payments are calculated on the basis of £1,000 per person of those not catered for through on site provision (at a ratio of 24.3m2 per person and an average 2.28 persons per dwelling) to provide or enhance off-site public open space and/or recreational facilities. This figure has been calculated on the basis of the average cost per person to provide recreational facilities on site in accordance with the requirements outlined above. Thus in line with the Council’s SPG on Planning Obligations, and the related application 2014/00269/FUL, a financial contribution of £2,280 is sought from the applicant towards improvements to public open space, plus the required administration fee, which in this case is the minimum £150. Other Issues Other objections raised by neighbouring occupiers relate to the issue of the drainage of the site, including concerns expressed over the capacity of the existing system. However, it is noted that Welsh Water have not raised any objections to the proposal, and are therefore satisfied with the existing capacity of the public sewerage system. They have requested that their standard conditions and advisory notes be attached to any consent. Finally, it is noted that the neighbour objections refer to errors in the submitted plans, including, the inaccurate positioning of an existing garage at No. 4. The Council is aware of this, however, as with the separate application 2014/00269/FUL, it is not considered that this compromises the proper assessment of the proposed development. In view of the above the following recommendation is made. CONCLUSION The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

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Having regard to Policies ENV6 - East Vale Coast, ENV11 - Protection of Landscape Features, ENV17 - Protection of Built and Historic Environment, ENV20 - Development in Conservation Areas, ENV21 - Demolition in Conservation Areas, ENV27 - Design of New Development, ENV28 - Access for Disabled People, HOUS2 - Additional Residential Development, HOUS8 - Residential Development Criteria, EMP4 - Protection of Land for Employment Uses, REC3 - Provision of Open Space within New Residential Developments, TRAN10-Parking, and Strategic Policies 1 & 2- The Environment, 3-Housing, 8-Transportation of the Vale of Glamorgan Adopted Unitary Development Plan 1997-2006; Supplementary Planning Guidance on Amenity Standards, Trees and Development, Planning Obligations, and the Penarth Conservation Area Appraisal and Management Plan; and national guidance contained in Planning Policy Wales, TAN12-Design and TAN16-Sport, Recreation and Open Space, it is considered that the proposal represents an acceptable form of new residential development that should serve to preserve the character and appearance of this part of the Penarth Conservation Area, without causing any significant harm to the neighbouring or general residential amenities of the area, or highway safety. RECOMMENDATION Subject to the interested person(s) first entering into a Section 106 Legal Agreement to include the following necessary planning obligations: A contribution of £2,280 towards improvements to off-site public open

space. The Legal Agreement will include the standard clause requiring the

payment of a fee to monitor and implement the Legal Agreement (£150 in this case).

APPROVE subject to the following condition(s); 1. The development hereby permitted shall be begun before the expiration of

five years from the date of this permission. Reason: To comply with the requirements of Section 91 of the Town and Country

Planning Act 1990. 2. This consent shall relate to the plans and documents received on 11 March

2014 other than where amended by plans received on 14 July 2014:-

- Site edged red/blue location plan; - Dwrg. No. 505/P/70A, Existing Site Layout; - Dwrg. No. 505/P/72A, Proposed Ground Floor;

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- Dwrg. No. 505/P/73A, Proposed First Floor & Elevations 04, 05; - Dwrg. No. 505/P/74A, Proposed Elevations 01 & 03; and - Dwrg. No. 505/P/75A, Proposed Elevations 02 & 06, and Dwrg. No. 505/P/80, Landscaping layout received on 18th september 2014.;

Reason: For the avoidance of doubt as to the approved plans, and in the interests of

the character and appearance of this part of the Penarth Conservation Area, residential amenity and highway safety in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

3. Prior to their use in the construction of the development hereby approved, a

schedule of the proposed materials to be used, including samples, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason: In the interests of visual amenity and the character and appearance of this

part of the Penarth Conservation Area in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

4. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification) the car port hereby permitted shall be retained as an open structure, with no doors, for the parking of private motor vehicles in association with the use of the dwellinghouse hereby permitted, and for no other purpose, including any other domestic purpose, without the prior written consent of the Local Planning Authority. The car port shall be made available for use before the first beneficial occupation of the dwelling hereby permitted.

Reason: To ensure adequate on-site car parking is provide to serve the dwelling,

which does not prejudice access to the remainder of the wider car park, in the interests of highway safety in accordance with Policies HOUS8-Residential Development Criteria, ENV27-Design of New Developments and TRAN10-Parking of the Unitary Development Plan.

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Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification) the dwelling hereby approved shall not be extended or altered in any way without the prior written consent of the Local Planning Authority.

Reason: In the interests of the character and appearance of this part of the Penarth

Conservation Area and residential amenity in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.


Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order) no building, structure or enclosure required for a purpose incidental to the enjoyment of a dwelling-house shall be constructed, erected, or placed within the curtilage of the dwelling hereby approved without the prior written consent of the Local Planning Authority.




Permitted Development) (Amendment) (Wales) Order 2013, or any Order revoking or re-enacting that Order, no additional windows (including rooflights) other than those expressly authorised by this permission shall be inserted in the any elevation of the development hereby permitted without the prior written consent of the Local Planning Authority.

Reason: To safeguard the privacy of adjoining occupiers in accordance with Policies

HOUS8-Residential Development Criteria and ENV27-Design of New Development of the Unitary Development Plan.

8. Notwithstanding the submitted plans before the commencement of

development further details of the finished levels of the site in relation to existing ground levels and finished ground levels, including cross sections, shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

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9. The areas of planting and garden as indicated on drawing 505/P/80 shall

be laid out in accordance with the approved plans in accordance with the timescale defined in Condition 10 below and shall thereafter be so retained as garden at all times to serve the dwelling as hereby approved.

Reason: In the interests of visual amenity and the character and appearance of this

part of the Penarth Conservation Area and to ensure amenity space is provided to serve the dwelling as approved in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

10. All planting, seeding or turfing comprised in the approved details of

landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure satisfactory maintenance of the landscaped area in the interests

of visual amenity and the character and appearance of this part of the Penarth Conservation Area in accordance with Policies HOUS8-Residential Development Criteria, ENV11-Protection of Landscape Features, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

11. Notwithstanding the submitted plans all means of enclosure associated

with the development hereby approved, including any retaining works, shall be in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority prior to their installation on site, and the means of enclosure shall be implemented in accordance with the approved details prior to the first beneficial occupation of the dwelling hereby permitted.

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Permitted Development) Order 1995 and the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Orders revoking or re-enacting those Orders), no gates, fences, walls or other means of enclosure, other than those approved under Condition 11 of this consent shall be erected, constructed or placed on the application site without the prior written consent of the Local Planning Authority.



13. Foul water and surface water discharges shall be drained separately from

the site, and no surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) into the public sewerage system at any time.

Reason: To protect the integrity, and prevent hydraulic overloading, of the Public

Sewerage System, and to ensure compliance with the terms of Policies HOUS8-Residential Development Criteria and ENV27-Design of New Developments of the Unitary Development Plan.

14. Details of the shed indicated on drawing 505/P/80 shall be submitted to and

approved in writing prior to its erection on site and the development shall thereafter be carried out in accordance with the approved plans.

Reason: In the interests of visual amenity in the Conservation Area and to meet the

requirements of Policies ENV20 and ENV27 of the Unitary Development Plan.

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NOTE: 1. Please note that a legal agreement/planning obligation has been

entered into in respect of the site referred to in this planning consent. Should you require clarification of any particular aspect of the legal agreement/planning obligation please do not hesitate to contact the Local Planning Authority.

2. Dwr Cymru Welsh Water (DCWW) have advised that new legislation in

the form of a Mandatory Build Standard has been introduced which relates to development communicating with the public sewerage system. You are therefore advised to contact the DCWW Developer Services on 0800 917 2652 at the earliest opportunity.

3. This consent does not convey any authorisation that may be required

to gain access onto land not within your ownership or control, nor does it override any separate legal rights of access to other third parties.

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter. In addition, any conditions that the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any conditions that require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

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2014/00701/OUT Received on 10 July 2014 Mr. and Mrs. Leighton and Rhian Samuel, Kendal House, Penllyn, Vale of Glamorgan., CF71 7RQ Jeremy Peter Associates, 21, Britten Road, Penarth, Vale of Glamorgan., CF64 3QJ Kendal House, Penllyn, Cowbridge The erection of three detached dwellings SITE AND CONTEXT The site is a large detached property with outbuildings set within an extensive curtilage (stated to be a domestic garden) within the village of Penllyn. The front half of the site (fronting the highway boundary to the west), including the house, is within the ‘settlement boundary’ of Penllyn, as defined by the Unitary Development Plan. The rear or eastern half of the site is outside of the settlement boundary and therefore within the countryside, in planning policy terms. There is a large pond and a barn within this section of the site. It is also apparent that there is a significant amount of trees and vegetation within the site, including towards the boundary with the road. The main access to the site is a gated entrance positioned centrally within the frontage, with a boundary wall either side. There is also a secondary access towards the boundary with Gwynfa to the north. DESCRIPTION OF DEVELOPMENT The application is an outline proposal (layout and access are not reserved matters) which consist of three additional houses within the garden areas of the existing house, which is to remain. There is one house proposed towards the southern boundary with Swn-Y-Gwynt (House A) and two more positioned more centrally within the site (House B and C). There are no elevation details of the three proposed dwellings, though it is noted that there are double garages proposed for each new house, with defined amenity space also.

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PLANNING HISTORY 1997/00253/FUL : Kendal House, Penllyn - Modification of access drive - reconstruction of front boundary wall - gates and railings - bay window addition to house. Approved 16 May 1997. 1991/00077/FUL : Kendal House, Penllyn, Nr. Cowbridge - Dormer construction to upper floor of games room. Approved 22 May 1991. 1989/00562/FUL : Kendal House, Penllyn nr. Cowbridge - Alterations/Extension domestic. Approved 6 June 1989. 1984/00844/FUL : Kendal House, Penllyn, near Cowbridge - Conversion and extension of existing stables to form games room - construction of new stable and ancillary accommodation. Approved 25 September 1984. 1984/00233/FUL : 'Kendal House', Penllyn, near Cowbridge - Conversion and extension to existing stables to form games room, construction of new stables and ancillary accommodation. Refused 26 June 1984. CONSULTATIONS Cowbridge with Llanblethian Town Council – No comments. Penllyn Community Council – No objections. Highway Development agreed with access splay as shown on plans. Glamorgan Gwent Archaeological Trust has no objections – unlikely to cause an adverse risk to the historical environment. Local Ward Members – No comments received. Dwr Cymru/Welsh Water – No comments received. Ecology Officer comments: “We note and welcome the submission of a Preliminary Ecological Appraisal & Great Crested Newt Survey; June 2014 by Acer Ecology with the submitted application. We recommend one planning condition as outlined below No removal of hedgerows, trees or shrubs shall take place between 1 march and 31 August inclusive unless a competent ecological has undertaken a careful, detailed check of the vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds and/or their nests and any dependant young will be harmed and/or there are appropriate measures in place to protect nesting bird interest on site. A copy of any such written confirmation shall be sent to the LPA prior to the commencement of vegetation clearance.”

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Natural Resources Wales – No objections. Provided advice in relation to drainage (in relation to avoiding impact to the Source Protection Zone) and biodiversity, requiring that the submitted ecology survey recommendations are to be implemented. Also, stated that the development should connect with the mains drainage. REPRESENTATIONS The neighbouring properties were consulted on 14 July 2014. A site notice was also displayed and the application was also advertised in the press on the 22 July 2014. No representations have been received. REPORT Planning Policies The Development Plan for the area comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, which was formally adopted by the Council on 18 April 2005, and within which the following policies are of relevance: ENV1 - DEVELOPMENT IN THE COUNTRYSIDE

ENV16 - PROTECTED SPECIES

ENV10 - CONSERVATION OF THE COUNTRYSIDE

ENV27 - DESIGN OF NEW DEVELOPMENTS

HOUS2 - ADDITIONAL RESIDENTIAL DEVELOPMENT

HOUS8 - RESIDENTIAL DEVELOPMENT CRITERIA

HOUS11 - RESIDENTIAL PRIVACY AND SPACE

TRAN10 - PARKING Planning Policy Wales (Edition 7, 2014) advises that where development plan policies are outdated or superseded local planning authorities should give them decreasing weight in favour of other material considerations, such as national planning policy, in the determination of individual applications. It is for the decision-maker to determine whether policies in the adopted Development Plan are out of date or have been superseded by other material considerations and this should be done in light of the presumption in favour of sustainable development. In this case, the relevant planning policies of the UDP are detailed above and further relevant material considerations are considered to be as follows:

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National Planning Policy: Planning Policy Wales (Edition 7, 2014) - 9.2.22 In planning for housing in rural areas it is important to recognise that development in the countryside should embody sustainability principles, benefiting the rural economy and local communities while maintaining and enhancing the environment. There should be a choice of housing, recognising the housing needs of all, including those in need of affordable or special needs provision. In order to safeguard the character and appearance of the countryside, to reduce the need to travel by car and to economise on the provision of services, new houses in the countryside, away from existing settlements recognised in development plans or from other areas allocated for development, must be strictly controlled. Many parts of the countryside have isolated groups of dwellings. Sensitive filling in of small gaps, or minor extensions to such groups, in particular for affordable housing to meet local need, may be acceptable, but much depends upon the character of the surroundings, the pattern of development in the area and the accessibility to main towns and villages. 9.3.2 Sensitive infilling of small gaps within small groups of houses, or minor extensions to groups, in particular for affordable housing to meet local need, may be acceptable, though much will depend upon the character of the surroundings and the number of such groups in the area. Significant incremental expansion of housing in rural settlements and small towns should be avoided where this is likely to result in unacceptable expansion of travel demand to urban centres and where travel needs are unlikely to be well served by public transport. Residential development in the vicinity of existing industrial uses should be restricted if the presence of houses is likely to lead residents to try to curtail the industrial use. 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 or amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing. Technical Advice Notes: Technical Advice Note (TAN) 12: Design (2009) Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) Supplementary Planning Guidance: Supplementary Planning Guidance ‘Amenity Standards’ Issues Principle of Proposed Development With regards proposed House A, this is towards the front boundary of the site with the highway boundary. The proposed dwelling is within the defined Settlement Boundary and therefore could be considered as an infill development between the existing house and the neighbouring properties to the south.

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As such, there is no in-principle objection to the dwelling proposed in this position as it is within the Settlement Boundary. Policy HOUS 2 allows for infill residential development set within Settlement Boundaries. House B and C are positioned further back into the site. The rear of these houses would be either on the line of the Settlement Boundary of the village of project slightly beyond the boundary. However, it is clear the majority of these dwellings are within the Settlement Boundary where the principle of residential development is accepted. The portion of the proposed dwellings positioned outside the Settlement Boundary is so minimal that it would not have any adverse impact to the countryside setting as a result of their position. There is no objection to the principle of these proposed dwellings, due to their positioned almost entirely within the Settlement Boundary. It is also noted that the majority of land that would be part of this proposed development would be garden/amenity space to House B and C, which is essentially the same as the current use (garden for Kendal House). The garden areas to these proposed dwelling would therefore not be considered an incursion into the countryside. In this instance there is no harm to the setting or character of the countryside. Overall, the principle of the proposed residential development is accepted, subject to a full assessment of issues of layout, design, scale and access etc. Proposed Layout and Density The proposal would result in a total of 4 dwellings on a site that currently contains just the one very large house. However, this is an exceptional plot for just one house, with extensive garden areas covering the majority of the site. The site area is 1.2ha which is considered large enough for 4 dwellings, whilst still remaining low density. This lower density is considered suitable in this rural location, on the edge of the village and comparable areas within the rest of the village. Any additional dwellings over and above this level of housing may over-develop this site, with it considered more appropriate to maintain a spacious and low density arrangement, noting the requirements of policies HOUS 8 and HOUS 11, with regards to an areas character and spaciousness. The layout also excludes any significant built development outside of the designated Settlement Boundary. The layout plan shows that the dwellings are clustered around the existing Kendal House, with the rear portion of the site to be predominantly large areas of garden space. The houses proposed in these locations respond well with the linear layout of the village, with the proposed House B and C being positioned in line with the existing Summer House to the rear of Kendal House and also in line with neighbouring houses to the North. All the proposed dwellings appear to have suitable levels of usable and relatively private garden space for future occupants, in accordance with the amenity space provision required under Supplementary Planning Guidance ‘Amenity Standards’. The existing dwelling Kendal House would also retain extensive front and rear garden space, along with the existing barn to the rear corner of the site.

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It is noted that the site levels rise from front to rear. However, the proposed dwellings are set back from the front boundary and should not be prominent when viewed from the public highway. If suitably designed, the proposed development should not result in any significant visual impact within this rural setting, particularly with the retention of many of the mature trees and further landscaping works. Design and Scale As stated above, there is no detail of the design of the proposed dwellings as ‘appearance’ is a reserved matter. The ‘footprint’ of the proposed dwellings appears suitable in size, being comparable with other detached dwellings on this part of the village. The appearance of each of the proposed dwellings is a ‘reserved matter’, though the Design and Access Statement does state that the houses would be 2 storey and indicates ‘traditional’ materials. The DAS does highlight the variety of materials and styles of housing within the village though does not give detail as to the design of the houses proposed. It should be noted, however, that any new dwelling should reflect the rural setting of the site, in terms of design and materials. Impact to Neighbour Amenities The proposed dwellings would be positioned off the boundaries with neighbouring houses, such as Swn-Y-Gwynt and Pemberton House. It is also noted that the majority of the trees and vegetation to the boundaries are to be retained, with further landscaping expected as part of a scheme to be required via condition. However, trees and hedgerows should not be relied upon to ensure against neighbour impact and it should be considered with House A that windows above ground floor level could have views back towards Swn-Y-Gwynt to the south. The south elevation of this dwelling should therefore be suitably designed to avoid any potential adverse overlooking impact. The proposed dwellings are sufficiently spaced so that significant impacts between the new properties can be avoided, with suitable consideration of the position of windows etc. The proposed dwellings are also positioned so there is no reason that there should be any significant impact to the occupants of the host dwelling Kendal House. Full consideration of the potential impact to neighbour amenities would be considered with the detailed plans submitted with any subsequent reserved matters application.

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Impact to Trees The proposals will include the removal of trees within the site. The full extent of the trees within the site has been considered through the submitted ‘Tree Survey and Assessment’ (TDA – May 2014). It is clear from considering the proposed plans that the trees considered within the report as of “High Quality and Value” are largely to be retained, with the proposed houses and garages set suitable distances from these trees. Whilst there are trees to be removed, these are generally not of high amenity value and would not be of a significant detriment to the character of the area. There are some higher value trees to be removed, although these are set back within the site and of little amenity value from outside views, with many being considered ‘ornamental trees’. The site will remain well landscaped with the Tree Survey also includes tree protection areas, which should be conditioned to be in place prior to the commencement of development of the site. The need to enhance the access into the site would necessitate the removal of the existing front boundary wall and hedgerow. This would be a significant area of hedgerow to be removed though would be required in the interests of highway safety. To mitigate against the loss of the hedgerows, and other trees within the site, a landscaping scheme would be required with any ‘reserved matters’ application to be considered. Landscaping to the front of the site would help screen the development and restore the currently landscaped front boundary of the site. The trees towards the front boundary of the site are set to remain, though would also need to have sufficient tree protection through the construction process. Access and Parking Provision The existing frontage results in a substandard vehicular access into the site. There is a 1.5m (approx.) wall to either side of the central access point, with high conifer hedged immediately behind. The access point has recessed gates, and currently visibility when exiting the site is difficult due to the wall and hedges less than 1m from the highway edge. To improve the situation the proposals show the wall to be reduced in height, along with the removal of the hedgerows, and a splay formed of 2.6m x 43m to the north and 2.6m x 39m to the south. This would effectively form a vision splay across the full frontage of the property, which is considered a suitable splay to allow for sufficient visibility. This improves on the current situation, which would be required with the further dwellings now proposed within the site. The loss of the vegetation would not normally be encouraged however it would be justified on the basis of enhancing highway safety and having regard to the site’s location within the village. The wall would largely remain, reduced in height to 750mm to allow for vision in both directions. This is considered a suitable approach, with new landscaping potentially used to mitigate the loss of the front boundary hedgerows. Parking within the site is considered acceptable, with all three proposed houses having double bay detached garages plus external parking and turning spaces within each plot. Access within the site would be via an internal private driveway which would serve the three new houses plus Kendal House.

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Ecology Issues The application includes a ‘Preliminary Ecological Appraisal and Great Crested Newt Survey’ (Acer Ecology, June 2014). The site is on the edge of the countryside in a rural location, with extensive gardens, mature trees and hedgerows, and a pond towards the rear of the site which is to be removed with the proposals. In terms of bats, the report found no evidence of bats within the house, barn or storage containers, with limited potential for bats. The report also concludes there is no evidence or strong likelihood of dormice, badgers, or other mammals. Precautionary mitigation was advised in respect to reptiles, though their presence was considered unlikely. With the presence of the ponds towards the rear of the site there was an assessment into whether Great Crested Newts (GCN) was present. The ponds were assessed to be of low suitability for GCNs. It was also concluded that there were no GCN currently on site and therefore no further survey work or mitigation was required in respect to these amphibians. In regards to birds, it was concluded that the hedgerows and trees could provide nesting habitats for birds. As such, a condition is considered appropriate to avoid the clearance of vegetation within nesting season. The Ecology Survey makes recommendations based on its findings, such as bat and bird boxes, suitably timed vegetation clearance, lighting strategies and the need to plant native species etc. A condition with any approval should condition that these recommendations are implemented with the development. Drainage It is understood that the foul drainage would be connected to the existing mains sewer system. This would be considered acceptable, especially as this is a ‘Source Protection Zone’ where there could be potential issues with non-mains drainage. In terms of surface water drainage, it is noted that Sustainable Drainage Systems are proposed, though within the ‘Source Protection Zone’ only clean water must be discharged to soakaways. The soakaways should be more than 10m from any surface water sources. Full details of drainage should be required via condition. CONCLUSION The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

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Having regard to Policies ENV 27 (Design of new developments), HOUS 2 (Additional residential development), HOUS 8 (Residential Development Criteria), TRAN 10 (Parking), ENV 1 (Development in the countryside), HOUS 11 (Residential Privacy and Space), ENV 16 (Protected Species) and ENV 10 (Conservation of the countryside) of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, it is considered that the proposals are acceptable, by reason of their appropriate design and layout, with no detrimental impact to the policies for the protection of the countryside and character of the area, the amenities of neighbouring occupiers or highway safety. The proposals therefore comply with the relevant planning polices and supplementary planning guidance. RECOMMENDATION APPROVE subject to the following conditions(s): 1. Approval of the scale, appearance and landscaping of the development

(hereinafter called `the reserved matters`) shall be submitted to and approved by the Local Planning Authority before any development is commenced.

Reason: To comply with the requirements of Section 92 of the Town and Country

Planning Act 1990. 2. Application for approval of the reserved matters hereinbefore referred to

must be made not later than the expiration of three years beginning with the date of this permission.


Planning Act 1990. 3. The development to which this permission relates must be begun not later

than whichever is the later of the following dates:

(a) The expiration of five years from the date of this permission. (b) The expiration of two years from the date of the final approval of the

reserved matters or, in the case of approval on different dates the final approval of the last such matters to be approved.


Planning Act 1990.

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4. Plans and particulars of the reserved matters referred to in condition 1

above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

Reason: The application was made for outline planning permission and to comply

with the requirements of Section 92 of the Town and Country Planning Act 1990.

5. This consent shall relate to the plans registered on the 10th July 2014 other

than where amended by plans reference P02 B received on 12th November 2014.

Reason: To ensure a satisfactory form of development and for the avoidance of

doubt as to the approved plans. 6. A scheme providing for the fencing of the trees to be retained and showing

details of any excavations, site works, trenches, channels, pipes, services and areas of deposit of soil or waste or areas for storage shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development. No development shall be commenced on site until the approved protection scheme has been implemented and the scheme of tree protection shall be so retained on site for the duration of development works.

Reason: In order to avoid damage to trees on or adjoining the site which are of

amenity value to the area and to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

7. Notwithstanding the submitted details, further details of a scheme for foul

and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority, which shall ensure that foul water and surface water discharges shall be drained separately from the site, with no surface water or land drainage run-off allowed to connect (either directly or indirectly) into the public sewerage system. The approved scheme shall be fully implemented in accordance with the approved details prior to first beneficial occupation of any of the dwellings hereby approved.

Reason: To protect the integrity, and prevent hydraulic overloading, of the Public

Sewerage System, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

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8. The visibility splays as shown on the approved plans shall be implemented

before the first beneficial occupation of any of the dwellings hereby permitted, with no obstructions (including the front boundary wall), car parking or planting shall exceeding 0.75m within these visibility splays and maintained thereafter.

Reason: In the interests of highway safety and to ensure compliance with Policies

ENV27 and ENV8 of the Unitary Development Plan. 9. All means of enclosure associated with the development hereby approved

shall be in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development, and the means of enclosure shall be implemented in accordance with the approved details prior to the development being put into beneficial use.

Reason: To safeguard local visual amenities, and to ensure compliance with the

terms of Policy ENV27 of the Unitary Development Plan. 10. Notwithstanding the submitted plans, prior to the commencement of

development, further details (including sections across and through the site) of the finished floor levels of the dwellings, in relation to existing and proposed ground levels shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

Reason: In the interests of visual amenity, in order to protect the amenities of

neighbouring properties and to ensure the development accords with Policies ENV27 of the Unitary Development Plan.

11. The development shall be carried out in accordance with the

recommendations of the submitted 'Preliminary Ecological Appraisal and Great Crested Newt Survey' (Acer Ecology, June 2014), detailed in section 7 of this report, and implemented to a timetable to be submitted to and agreed in writing by the Local Planning Authority.

Reason: To safeguard protected species, in accordance with Policy ENV16 of the

Unitary Development Plan.

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12. No clearance of any vegetation in connection with the development hereby

approved shall be undertaken in the bird nesting season, being March to August inclusive, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of local ecology and in accordance with policy ENV 16 of

the Unitary Development Plan. 13. No development whatsoever shall be proposed as part of the reserved

matters beyond the line marked in green on the attached plan and shall remain within the defined settlement boundary for Penllyn as identified in the Vale of Glamorgan adopted Unitary Development Plan.

Reason: To ensure development is suitably located with regard to the village of

Penllyn and in order to comply with Policies ENV27, HOUS2, and HOUS8 of the Unitary Development Plan.

NOTE: 1. Where the work involves the creation of, or alteration to, an access to

a highway the applicant must ensure that all works comply with the appropriate standards of the Council as Highway Authority. For details of the relevant standards contact the Visible Services Division, The Vale of Glamorgan Council, The Alps, Wenvoe, Nr. Cardiff. CF5 6AA. Telephone 02920 673051.

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter. In addition, any conditions that the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any conditions that require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

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Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

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2014/00798/FUL Received on 18 July 2014 Cenin Renewables Limited, C/o Agent. Pegasus Planning Group Limited, Mr. Colin Virtue, First Floor South Wing, Equinox North Great Park Road, Almondsbury, Bristol., BS32 4QL Land east of Five Mile Lane 6MW solar PV array SITE AND CONTEXT The application site comprises of 17.7 hectares of farmland located in open countryside, approximately 1.2km north west of Duffryn, approximately 3.5km to the north of Barry and over 450m from residential properties. The application site is identified in red on the location map below, with the route of the proposed access to the south west corner of the site.

The application site relates to three fields set side by side to create a linear application site. The site is bounded by agricultural fields with the exception of the north eastern boundary which is adjoined by woodland known as Coid Sion Hywel and is generally bordered by mature trees and hedgerow. In terms of access, the application site is accessed via a gated access leading in from an unnamed road connected to the A4226. The application site gently slopes from the north east facing slope that falls from approximately 98 AOD to approximately 85 OAD in the south west. The undulating landform reflects the nature of the Dyffryn Basin & Ridge Slopes Special Landscape Area that the site falls within. In terms of the surrounding natural environment, as aforementioned the site is bound by a Coid Sion Hywel a site of Importance for Nature Conservation (SINC) to the north east and approximately 100m from another SINC to the east of the site.

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In terms of the historic environment, no Listed buildings or Scheduled Monuments are located within the application site, and the nearest Cadw Designated Duffryn Park is located over 400m away from the closest field to the site. DESCRIPTION OF DEVELOPMENT This is a full application for the development of a ground mounted photovoltaic (PV) solar energy generation system with a generation capacity of approximately 6 megawatts (MW) creating the potential to provide the power needs of approximately 1,630 households. The site coverage of the panels and associated infrastructure would be approximately 20% of the overall 17.7 hectare site with the panels laid in arrays running from east to west across the site mounted at 30 degree angle facing south to ensure maximum exposure to the sun. The plan below shows the layout of the site:

Each array will be mounted on galvanised steel framework located 5.9 from each other in order to avoid overshadowing, each Photovoltaic (PV) cell will be supported by post which are driven into the ground at a depth of 1.78 metres. The panels will measure 2.6 metres at their highest point and 0.9 metres at their lowest point.

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The plans below shows a section showing the panels

The proposal also includes the following: Construction of five inverter houses to convert the direct current (DC) electricity generated by the PV panels, into alternating current (AC) for the grid, each of which would be housed in a cabin like structure of approximately 2.8m high x 7.5m long x 2.5m wide and painted dark green. Construction of one connection building to connect the solar farm to the high voltage grid, this would be located within the centre of the site and would measure 5.3m high x 7.8m long x 5.6m wide. A 2 metre high deer stock fence to all boundaries together with motion sensors would be installed to detect any intrusion around the site perimeter to protect solar farm. A temporary construction compound will be located along the south western boundary of the site and will be used to store materials and components for the development. The application has been accompanied by the following documentation: Landscape and Visual Impact Assessment Design and access statement Landscape and Ecological Management Plan Agricultural circumstances report Ecology Survey Alternative site assessment Statement of community engagement Flood Consequences Assessment Great Crested Newt Assessment Construction Traffic Management Plan Breeding Bird Survey Tree Survey Report and Tree Survey Plan Heritage Assessment

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As detailed under planning history below, the Council has previously considered and issued a formal Screening Opinion which concluded that an Environmental Impact Assessment (EIA) was not required. PLANNING HISTORY 2013/00584/SC1 – Whitton Mawr – Proposed solar farm – Not required. CONSULTATIONS Wenvoe Community Council was consulted on 23 July 2014. No response was received at the time of writing this report. Highway Development was consulted on 23 July 2014. No response was received at the time of writing this report. Glamorgan Gwent Archaeology Trust (GGAT) was consulted on 23 July 2014. A response received on 18 Aug 2014 commented that the application be deferred until a report on the archaeological evaluation has been submitted. A further response was received on 28 October 2014 following an on-site field evaluation, the response comments that given the nature of the known archaeological resources in the area, and the results of the field evaluation, there remains the probability that archaeological features or finds may be located during the work in in other areas of the application site, this can be achieved by condition, as the impact on the archaeological resource should therefore be mitigated in order in order to identify, record and investigate any archaeological features and finds that may be revealed. Local Ward Members were consulted on 23 July 2014. No response was received at the time of writing this report. Ecology Officer was consulted on 23 July 2014. A response received on 4 November 2014 states no objection to the proposal subject to a condition to secure biodiversity interests on the site. Natural Resources Wales were consulted on 23 July 2014, a response received on 21 Aug 2014 states that they do not object to the proposed development, providing appropriately worded conditions are included on any planning permission your Authority is minded to grant. Ministry of Defence was consulted on 23 July 2014, no response was received at the time of writing this report. Landscapes (Planning) were consulted on 23 July 2014, a response received on 04 Sep 2014 states the introduction of a solar farm will change the landscape character of the site however by virtue of its topography and proximity to adjacent woodland blocks the visual impact is limited and the effect on overall landscape character of the area is minor.

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In addition it is an important element of the proposal that existing field boundaries are respected and retained and that infill native hedge planting ensures a continuous hedge boundary. I would suggest however that the number of trees proposed to be planted along the north and west site boundary should be increased if the overall effect is to be beneficial. Highways and Engineering were consulted on 23 July 2014, a response received on 22 Aug 2014 comments that the application states that swales will be incorporated into the system, calculations are required demonstrating the standard of service provided by these features. SUDs features are to be used to dispose of surface water the scheme must be submitted to and approved in writing by the Local Planning Authority prior to development commencing, the approved scheme must be implemented prior to beneficial occupation. Given the above, it is recommended that no development shall commence on site until a detailed scheme for the drainage of the site, showing how road and roof/yard water will be dealt with has been submitted to and approved in writing by the Local Planning Authority, the approved scheme must be implemented prior to beneficial occupation. This is to ensure that effective drainage facilities are provided for the proposed development and that flood risk is not increased elsewhere. Environmental Health (Pollution) were consulted on 23 July 2014, a response received on 12 Aug 2014 advises: no objection subject to a condition restricting the installation/construction hours of operating as they have received complaints during the construction phases in previously approved schemes. Cardiff Airport (Safeguarding) were consulted on 23 July 2014, a response received on 28 July 2014 comments no objection to the proposal. Policy Section (Planning) was consulted on 23 July 2014. A response received on 29 Aug 2014 comments: Provided you are satisfied that the proposed development’s local and wider impacts on the Duffryn Basin and Ridge Slopes Special Landscape Area and other historic landscape designations are not significant or to an unacceptable extent, there would be no policy objection. REPRESENTATIONS The neighbouring properties were consulted on 23 July 2014. A site notice was also displayed on 12 Aug 2014 and the application was also advertised in the press on 07 Aug 2014. To date 1 letter of representation has been received from Campaign For The Protection Of Rural Wales who comment that whilst they have reservations regarding the effects of a solar park, they note that Inspectors have allowed other solar parks in the vicinity and therefore the council should give due cognizance to previous decisions.

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REPORT Planning Policies The Development Plan for the area comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, which was formally adopted by the Council on 18 April 2005, and within which the following policies are of relevance: STRATEGIC POLICIES 1 AND 2

ENV1 - DEVELOPMENT IN THE COUNTRYSIDE

ENV2 - AGRICULTURAL LAND

ENV4 - SPECIAL LANDSCAPE AREAS

ENV10 - CONSERVATION OF THE COUNTRYSIDE

ENV11 - PROTECTION OF LANDSCAPE FEATURES

ENV16 - PROTECTED SPECIES

ENV17 - PROTECTION OF THE BUILT AND HISTORIC ENVIRONMENT


ENV29 - PROTECTION OF ENVIRONMENTAL QUALITY

EMP7 - FARM DIVERSIFICATION

COMM8 - OTHER RENEWABLE ENERGY SCHEMES Planning Policy Wales (Edition 7, 2014) advises that where development plan policies are outdated or superseded local planning authorities should give them decreasing weight in favour of other material considerations, such as national planning policy, in the determination of individual applications. It is for the decision-maker to determine whether policies in the adopted Development Plan are out of date or have been superseded by other material considerations and this should be done in light of the presumption in favour of sustainable development. In this case, the above policies are considered relevant along with the following material considerations: National Planning Policy: Planning Policy Wales (Edition 7, 2014) provides the following guidance in section 12 (Infrastructure and Services): - 12.8.1 The Welsh Government is committed to playing its part by delivering an

energy programme which contributes to reducing carbon emissions as part of our approach to tackling climate change. The Welsh Government’s Energy Policy Statement (2010) identifies the sustainable renewable energy potential for a variety of different technologies as well as establishing our commitment to energy efficiency.

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12.8.6 The Welsh Government’s aim is to secure an appropriate mix of energy

provision for Wales, whilst avoiding, and where possible minimising environmental, social and economic impacts. This will be achieved through action on energy efficiency and strengthening renewable energy production. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development.

12.8.9 Local planning authorities should facilitate the development of all forms of

renewable and low carbon energy to move towards a low carbon economy to help to tackle the causes of climate change. Specifically, they should make positive provision by:

- considering the contribution that their area can make towards

developing and facilitating renewable and low carbon energy, and ensuring that development plan policies enable this contribution to be delivered;

- ensuring that development management decisions are consistent with national and international climate change obligations, including contributions to renewable energy targets and aspirations;

- recognising the environmental, economic and social opportunities that the use of renewable energy resources can make to planning for sustainability; and

- ensuring that all new publicly financed or supported buildings set exemplary standards for energy conservation and renewable energy production.

12.10.1 In determining applications for renewable and low carbon energy development and associated infrastructure local planning authorities should take into account:

- the contribution a proposal will play in meeting identified national, UK

and European targets and potential for renewable energy, including the contribution to cutting greenhouse gas emissions;

- the wider environmental, social and economic benefits and opportunities from renewable and low carbon energy development;

- the impact on the natural heritage, the Coast and the Historic Environment;

- the need to minimise impacts on local communities to safeguard quality of life for existing and future generations;

- ways to avoid, mitigate or compensate identified adverse impacts;

- the impacts of climate change on the location, design, build and operation of renewable and low carbon energy development. In doing so consider whether measures to adapt to climate change impacts give rise to additional impacts;

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- grid connection issues where renewable (electricity) energy developments are proposed; and

- the capacity of and effects on the transportation network relating to the construction and operation of the proposal.

Technical Advice Notes (TANs): TAN 6 - Planning for Sustainable Rural Communities considers farm diversification, and advises as follows: - 3.7.1 When considering planning applications for farm diversification projects,

planning authorities should consider the nature and scale of activity taking a proportionate approach to the availability of public transport and the need for improvements to the local highway network. While initial consideration should be given to converting existing buildings for employment use, sensitively located and designed new buildings will also often be appropriate.

3.7.2 Many economic activities can be sustainably located on farms. Small on-

farm operations such as food and timber processing and food packing, together with services (e.g. offices, workshop facilities, equipment hire and maintenance), sports and recreation services, and the production of non-food crops and renewable energy, are likely to be appropriate uses.

Technical Advice Note (TAN) 8: Planning for Renewable Energy (2005): 1.6 As well as developing new sources of renewable energy which are

essential to meeting the targets set by energy policy, the Assembly Government is fully committed to promoting energy efficiency and energy conservation. The land use planning system is one of a number of mechanisms which can help deliver improved energy efficiency and local planning authorities are expected to consider matters of energy efficiency when considering planning policy and applications.

3.15 Other than in circumstances where visual impact is critically damaging to a

listed building, ancient monument or a conservation area vista, proposals for appropriately designed solar thermal and PV systems should be supported.

TAN5 – Nature Conservation and Planning Other National Guidance / Statements: “A Low Carbon Revolution – The Welsh Assembly Government Energy Policy Statement – March 2010” “Energy Wales: A Low Carbon Transition - March 2012” : sets out what the Welsh Government intend to do to drive the change to a sustainable, low carbon economy for Wales. It also emphasises that Wales has significant assets in virtually every energy source, including one of the best solar resources in the UK.

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Welsh Government Practice Guidance: “Planning Implications of Renewable and Low Carbon Energy - February 2011” Supplementary Planning Guidance (SPG): The following Supplementary Planning Guidance is of relevance.

Design in the Landscape Sustainable Development Biodiversity and Development Trees and Development Background Evidence: LDP Background papers, including:- Renewable Energy Study (2007) Renewable Energy Assessment (2012) Designation of Special Landscape Areas February 2011 – A review of the

non-statutory Special Landscape Areas, which has identified six areas worthy of designation as SLA’s, which closely follow the existing designated SLA’s.

Issues Having regard to the above national and local policy context and the location of the site within a Special Landscape Area, the main issues are considered to relate to the principle of the development; the impact on the landscape / character of the countryside, impact on the Special Landscape Area, highway safety, impact on residential amenity, potential glare and impact on agricultural land quality. The Principle of the Development Policy ENV1 of the UDP states that development will be permitted in the countryside if it is justified in the interests of agriculture or forestry; other development including utilities or infrastructure for which a rural location is essential; or under the terms of another policy of the plan. In this respect, Policy COMM8 (Other Renewable Schemes) of the UDP is of primary relevance to the assessment of the application. This policy is generally permissive in principle, subject to detailed criteria relating to visual impact, residential amenity, construction traffic, ecology, archaeology, etc. In addition, UDP Policy EMP7 states that the diversification of existing farmsteads will be permitted, subject to criteria relating to the nature of the use (employment, commercial, recreation or tourism), landscape impact, highway safety, ecology and archaeology. The policy does not prohibit a development of this nature in principle.

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Planning Policy Wales and TAN 8, along with “A Low Carbon Revolution - The Welsh Assembly Government Energy Policy Statement - March 2010” are explicit in support for the principle of renewable energy schemes and they affirm the Welsh Government’s commitment to delivering an energy programme which contributes to reducing carbon emissions and tackling climate change. They also highlight the need to secure a mix of energy forms by strengthening renewable energy production. Paragraph 12.8.9 of PPW in particular notes that local planning authorities should facilitate the development of all forms of renewable and low carbon energy to move towards a low carbon economy, which should help to tackle the causes of climate change. However this is not without qualification, as paragraph 12.8.6 states: “The Welsh Government’s aim is to secure an appropriate mix of energy provision for Wales, whilst avoiding, and where possible minimising environmental, social and economic impacts. This will be achieved through action on energy efficiency and strengthening renewable energy production. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development.” Local planning authorities are therefore encouraged to facilitate the development of all forms of renewable and low carbon energy and ensure that development management decisions are consistent with national and international climate change obligations, including contributions to renewable energy targets and aspirations. In addition, and with specific reference to the nature of the location, TAN 6 states that many economic activities can be sustainably located on farms. Small on-farm operations such as food and timber processing and food packing, together with services (e.g. offices, workshop facilities, equipment hire and maintenance), sports and recreation services, and the production of non-food crops and renewable energy, are likely to be appropriate uses. Within the above Policy context, it is considered that the proposal represents an acceptable form of development in principle, and an acceptable form of farm diversification. It is also clear that rural locations will in most cases be required for solar farms of this scale and also that countryside locations are generally supported in principle, both in local and national policy and guidance. Consequently, the acceptability of the development rests upon an assessment against the criteria of Policies COMM8 and EMP7 of the UDP, notably in respect of its landscape impact. Landscape Impact Planning Policy Wales (Section 12.8-10) makes it clear that renewable energy projects should generally be supported by Local Planning Authorities provided environmental impacts are avoided or minimised, and nationally and internationally designated areas are not compromised.

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The importance of renewable energy schemes in Wales, and the need for consistency in dealing with applications for such developments, is indicated by the Welsh Government Practice Guidance – “Planning Implications of Renewable and Low Carbon Energy – issued in February 2011. This advice includes guidance in respect of solar arrays, and advises (at para 8.4.9) that “designated landscapes such as National Parks and AONBS are likely to be particularly sensitive in respect of one or more of these types of visual effect. Extreme care therefore needs to be taken to ensure the siting of solar arrays does not affect the special qualities of designated landscapes”. Nevertheless, at 19.2.4 it is generally acknowledged that designated areas and in particular protected landscapes have a vital role to play in contributing towards reducing carbon emissions. The reference to ‘protected landscapes’ relates primarily to national designations, which is pertinent insofar as, at a local level, the site falls within the Lower Thaw Special Landscape Area, a local landscape designation within the Unitary Development Plan, wherein Policy ENV4 states that: “new development within or closely related to the following special landscape areas will be permitted where it can be demonstrated that it would not adversely affect the landscape character, landscape features or visual amenities of the special landscape area.” However Policy ENV4 is not meant to be a ‘blanket’ ban on development, with the supporting text noting that “applicants will need to demonstrate that their proposal has been designed to minimise the impact of the development on the landscape”. Policy COMM8, relating to renewable energy schemes, states that “proposals for other renewable energy schemes will be permitted if all of the following criteria are met: i. The proposal has no unacceptable effect on the immediate and

surrounding countryside. ii. The proposal has no unacceptable effect upon the sites of conservation,

archaeological, historical, ecological and wildlife importance. iii. Adequate measures are taken, both during and after construction, to

minimise the impact of the development on local land use and residential amenity.

The application has been accompanied by a Landscape Character and Visual Impact Assessment (LVIA). The LVIA also includes an assessment of landscape character areas based on the updated LANDMAP information. The LVIA indicates a series of points in the vicinity of the site where the development may be visible from. It also includes a plan of the Zone of Theoretical Visibility (ZTV), which indicates that the development would be visible from a range of distant views, although this study does not take account of natural features (trees, hedges etc) and the built environment, therefore the actual areas where the development would be visible are less expansive than shown on the ZTV.

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The map below shows the Zone of Theoretical Visibility:

It is therefore acknowledged that the development would be partially visible from the A4226 (Five Mile Lane), which runs along the western boundary of the site, however these will be small glimpses at short to mid-range views only and the impact is therefore considered to be acceptable. For ease of reference these are the photo viewpoints where there was some impact noted:

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Landscape mitigation has been proposed as part of the landscape strategy which responds to management guidelines included in the landscape character assessments for the area and proposes to facilitate the improvement of the landscape characteristics of the site in the medium to long term. The strategy includes: Introduction of new native species planting plantations to strengthen

existing site boundaries, provide additional woodland cover and screening and improve site biodiversity;

Management of boundary vegetation to a minimum of 3m. In view of the sites proximity to the solar array at Sutton Mawr Farm and the recent approval of a solar array at Weycock Cross, it is also imperative that the question of cumulative impact is considered. It is considered that due to the screening provided by the surrounding landscape and mitigation proposals as part of this application, which restricts the visual envelope and influence of the site, the proposed solar development will not be seen in combination with any other similar developments in the area, including the adjacent Sutton Mawr Farm scheme. Consequently, as the site will be visible in isolation only, it is considered that the development will not result in a cumulative visual impact with any other schemes when viewing the site from surrounding publicly accessible areas. The conclusions of the LCVIA are that this site can accommodate a proposed new solar development with only minimal impact upon the landscape character and visual amenity of its immediate surroundings and no impact on the wider Dyffryn Basin and Ridge Slopes Special Landscape Area. The ancillary associated equipment and enclosures are of a relatively modest scale and it is considered that these aspects of the development, which would be viewed in the direct context of the solar park, would in their own right not impact significantly on the character of the land. The LCVIA has been carefully reviewed by the Councils Landscape Architect who agrees with the conclusions of the LCVIA following extensive site investigation into the viewpoints presented in the report, along with other potential points of visibility. Their view is that whilst the landscape character will change, given the site topography and the proximity of the site to the woodland blocks the effect would be minor. Given the proximity of the site to the A4226 the Landscape Architect has suggested that further trees are planted along the northern and western boundary of the site to ensure the site is screened from public viewpoint. The visual impact of the proposed development is therefore limited to these viewpoints, which would be considered to have a slight adverse impact. In addition to public viewpoints of the scheme which have been assessed in the LCVIA, there are nearby properties to consider including Whitton Lodge, Whitton Rosser Farm, Brooklands, Blackland Farm and Doghill Farms – the potential visual impact was assessed during a site visit to the properties and has been considered in detail with the LCVIA.

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It is felt that at a local level the containment of the proposals within the framework of existing field boundaries and woodland will minimise visual intrusion and are not considered to adversely affect wider landscape designations. It is considered that although the ZTV is extensive the actual impact locally upon residential properties is limited. The existing and proposed hedgerow and tree planting proposals will develop over time to screen the low level nature of the development as the planting matures. It should also be noted that the development is proposed for a period of 25 years, therefore the impacts on the character of the land associated with the development would not be permanent, while the enhancements to the scheme through the provision of additional planting will provide long-term benefits to the landscape. In this respect, it is considered that it would comply with the aims of Policies ENV10, ENV27, EMP7 and COMM8 of the UDP, and the national guidance within TAN6 and 8, and PPW. Given the findings and the Council’s Landscape Architects comments, it is considered that the proposal would not unacceptably undermine the Special Landscape Area or historic character area or be so severe that it outweighs the benefits in terms of renewable energy production. In addition, the mitigation measures proposed in terms of new and strengthened hedgerow planting and restoration of historical field boundaries will serve to provide additional landscape and biodiversity benefits in the medium-long term. It is appropriate to attach a condition to require a detailed landscaping scheme with a landscape strategy for implementation and management particularly In reaching this conclusion, it is emphasised that the solar park with a capacity of 6MW would make a significant contribution to meeting targets for renewable energy, with the resultant contribution to the reduction of greenhouse gases according with the government’s aims concerning climate change, while also having energy benefits. . Alternative Sites A possible need to consider alternative sites stems primarily from the requirements u nder EIA Regulations, which state "An outline of the main alternatives studied and an indication of the main reasons for this choice taking into account the environmental effects" should be included in an Environmental Statement. Paragraph 83 of Welsh Office Circular 11/99 which accompanies the Regulations notes that: "Although the Directive and the regulations do not expressly require the developer to study alternatives, the nature of certain developments and their location may make the consideration of alternatives a material consideration..." Further guidance in the form of Technical Advice Note 23 (TAN:23) Economic Development (2014) advises that a sequential test should be carried out to ensure development is located within an appropriate location, giving preference to settlement boundaries and edge of settlement sites before consideration should be given to open countryside.

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The application has been submitted with an alternative site assessment that concludes that whilst other sites are available, given the nature of the proposal the application site is preferred due to its distance to power lines and local characteristics and sensitivities, the assessment concludes that there are no alternative sites within the open countryside. Whilst it is accepted that there is always the likelihood that such other sites exist, and may not have been covered by the applicants appraisal, the development has been ‘screened’ and concluded not to require submission of an Environmental Impact Assessment. Accordingly, it is considered that it is not a requirement that a proposal should be assessed against other potentially less harmful locations, and instead should be considered on its own planning merits. Impact upon the Historic Environment The application has been accompanied by an Archaeological Assessment which was sent to Glamorgan Gwent Archaeological Trust (GGAT). GGAT noted that the geophysical survey for the area identified features in the area, which they considered needed further work. They recommended the application be deferred until either a report on the archaeological evaluation has been submitted, or the area of the features has been excluded from the development. Following consultation directly between GGAT and the agent for the application, evaluation trenches were dug on site and details of the finds logged. An area located to the north west of the site has been identified as having archaeological remains located below 0.3 metres from ground level. Additional information has been submitted to demonstrate how the panels in those areas with archaeological features would be sited with minimal ground works (using ‘concrete shoes’) and GGAT have now raised no objection subject to a programme of archaeological work in accordance with a written scheme of investigation. It is also considered that the development would be sufficiently far away from the nearest listed buildings and scheduled ancient monuments to ensure that their setting would not be adversely affected. Site Restoration In order to make the proposed development viable, the submissions advise that it is important that it is operational for a period of at least 25 years. At the end of its operational life, all equipment associated with the solar farm will then be removed from the site, and minor remediation works undertaken to backfill any excavated areas. A time-limited condition with restoration requirements is therefore included as a recommended condition, thus ensuring that the site can be fully restored, with no permanent adverse environmental effects.

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Access Matters and Impact on Local Highway Network Impact on Local Highway Network – Construction Phase The application is supported by a Construction Traffic Management Plan (CTMP), which states that all vehicles associated with the proposed development will access the site via the unnamed road off the A4226 using an existing farm access track. Two temporary storage areas will be located at the site with one being located adjacent to the site entrance, which will be used to store materials and components for the development. The construction period for the solar farm is expected to last three months. During this time, there will be in the order of 124 deliveries, equating to 248 movements (i.e. to and from the site). In addition there will be a number of light goods vehicle (including cars and vans) movements during this period. Given that the construction phase is expected to last for a relatively short period, the substantial increase in vehicles using the road network is not considered to result in a significant impact on the existing traffic conditions to warrant refusal of planning permission given the busy nature of the A4226. When completed the only access to the site will be from maintenance vehicles, which will generate a minimal number of trips. The Construction Traffic Management States that the largest vehicle planned to be used for the development is an articulated vehicle with a maximum length 15.4m. All other vehicles associated with the development will be standard construction vehicles. At this stage of the development process a Principle Contractor for the development has not been identified and information relating to the origin/s of construction trips is not available. With regards the routing of general construction traffic and HGVs to and from the site, it is considered that the majority of trips will be routed to and from the site from the Weycock Road to the site access via the A48 and A4226 from the north; thus avoiding Barry. Notwithstanding the content of the CTMP, construction hours will be controlled by condition. Given the lack of Highway objection, it is considered that the number of vehicle trips would not impact significantly on overall traffic flow in the wider area and would not cause congestion or highway safety problems. The proposed compound close to the site entrance will allow storage of materials, to allow delivery vehicles and any other staff vehicles to park within the site clear of the highway, and for vehicles to turn without having to reverse out onto the highway. Impact on Local Highway Network – Operational Phase Once constructed, there is little requirement for maintenance, with access to the solar farm likely to involve one visit per week for maintenance works, including mowing grass beneath the panels, and washing the panels. Except for maintenance visits, the site will be an unmanned, passive installation.

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Impact on Local Highway Network – Conclusion Having regard to the above, it is considered that the introduction of additional HGVs over the construction period will have a temporary impact on the local network, and that this route can adequately accommodate the level of daily HGV movements proposed during construction. No objections have been raised by the highways engineer, and it is also considered that ongoing maintenance will have negligible impact on the highway network. The development is, therefore, considered to be acceptable in terms of highway safety, in accordance with Policies ENV27 and COMM8 of the UDP. Impact on Residential Amenity The dwellings sited closest to the point of access to the site will inevitably be impacted upon by the deliveries and activities associated with the construction of the development. In this respect, it is notable that for the duration of the works (estimated at 12 weeks) HGV’s and light vehicles will be entering and leaving the site and adjacent compound 6 days a week, in significant numbers, vehicles would pass Whitton Lodge located some 400m (approx) away from the site entrance, however the entrance would also be 230m from Little Hamston Farm. Whilst this is not ideal, given the busy nature of the A4226 the traffic generated from the proposal is not considered to cause harm over and above that currently experienced by the residents at Whitton Lodge and would not be sufficient to warrant refusal. The proposed compounds, would be located over 450m from the residential properties providing sufficient distance from the works to the residential properties, the compounds themselves will also have a short-term impact on the amenity of nearby properties, given the general activities associated with the development, however this would be minimal and would have no greater impact than its use by existing farm traffic, such that there would be no unacceptable adverse impact following the construction period. Boundary screening around the site will limit the developments visual impact and whilst there would be noise and disturbance during the construction phase, hours of construction will be controlled to between 08:00 and 18:00 Monday to Friday and 08:00 and 13:00 on Saturday to minimise the impacts. The submitted landscape assessment assesses the proposal to have a major/moderate adverse effect of the landscape area at the operational stage which will impact the visual impact on nearby residents, however the assessment considers this to change from adverse to beneficial following the implementation of new planting on the perimeter of the site. The proposal has been advertised in the press, consultation letters sent to local residents and site notices placed in the vicinity of the site, no letters of representation were received from local residents and whilst it is accepted that the construction of the development will have an impact on nearby residents, this will only be for the duration of the works such that it is not considered reasonable to withhold permission on this basis.

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It is also considered that nearby properties would not be unacceptably impacted upon in terms of noise or light pollution. In these respects, the development is considered to be in accordance with Policies ENV27, ENV29 and COMM8 of the UDP. Impact on Trees The application is accompanied by an ‘Tree Survey Report and Tree Survey Plan (Pegasus Group), which assesses the impact of the proposed development on the existing trees on site and puts forward recommendations, specifications and working methodologies In summary, the evaluation reports that 23 items were surveyed, these included 11 trees, 8 hedgerow and 4 groups, all the items were considered to be high/moderate quality with only one item identified as having major structural issues. The development would successfully retain all trees and hedgerows and the planting of new hedgerows would result in enhancements along the boundaries of the site, this would mitigate against visual effects and strengthen and improve the characteristics and bio-diversity of the site. Ecology The application was accompanied by a Breeding Bird Survey, Ecological Survey, Landscape and Ecological Management Plan and a Great Crested Newt Assessment & Method Statement. Following a review by the Council’s Ecologist an updated Landscape and Ecological Management Plan and an Ecological Survey were submitted that form the basis of this decision. The ecological survey identifies the site at present consisting of three arable fields, one left unmanaged, one with grain crop and one recently sprayed with herbicide. The reports suggest that trees within the site were suitable for roosting bats however given that trees were not being removed the site would provide enhanced habitat for foraging bats post construction. The hedgerow and woodland along the site was considered acceptable for dormice and whilst there was no evidence of Great Crested Newts within the site, there are ponds within 500m that have the potential for the species. The assessment recognises the suitability of the site for biodiversity such as slow worms, grass snakes and recommends the site be cleared under the supervision of a licenced ecologist between April and mid-October to remove any reptiles. The sites trees and hedgerow also have the potential for nesting birds, whilst the proposal does not look to remove any trees/hedgerow, it is recommended that works should take place outside the main nesting season or a nesting bird check be carried out prior to commencement. The application has also been accompanied by a comprehensive Landscape and Ecological Management Plan prepared by Michael Woods Associates (October 2014). This sets out prescriptions for the ‘Construction phase’ and ‘Operational phase management’ setting out mitigation measures and guidance on how works should be carried out in respect of ecological issues.

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The plans also show two areas of land within the site that have been set aside for mitigation of loss of nesting habitat, whilst there may be an initial decline in the first two-three years it is considered that after this time there would be an abundance of foraging habitat resulting in an overall minor beneficial residual impact. This would be further enhanced by bird, bat and dormouse boxes located on site and a comprehensive management plan. Other measures proposed include the provision of a 5m buffer zone between the development and the current boundary features of the site, as well as a 100mm wildlife gap at the bottom of the perimeter fencing. No night-time lighting of the site is proposed during or after the development. Natural Resources Wales (NRW) reviewed the submissions and has welcomed the reports and mitigation measures, they have no objection to the proposal subject to the works being carried out in accordance with the measures set and a suitably worded condition. The Council’s Ecologist has welcomed the preparation and submission of the ecological report and is satisfied that the report adequately addresses all ecology on site. They offer no objection to the application, but recommend the inclusion of a planning condition to secure biodiversity/ecological protection and enhancement measures. On this basis and subject to conditions and the implementation of the measures/recommendations contained in the reports, it is considered that the development would not unacceptably impact upon ecology, in accordance with Policies ENV16, ENV27 and COMM8 of the UDP. Flood Risk Management / Drainage Matters The application is accompanied by a Flood Consequences assessment to consider the impact of the solar farm on the hydrology and to ensure flood risk in not increased downstream of the development. According to the Technical Advice Note 15 (TAN15), the site is located in Zone A and therefore considered to be at little or no risk of fluvial or coastal tidal flooding. The submitted report concludes that whilst there are no flooding issues, the development could potentially increase surface water runoff resulting in long term soil issues. Therefore to overcome the issue the report recommends the use of ‘Swales’ being formed around the edge of the site as a precautionary feature. Natural Resources Wales has reviewed the application and has not objected to the proposal. Accordingly, it is considered that the development is acceptable in terms of flood risk, in accordance with Policy ENV7 of the UDP.

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Glint and Glare It is noted that Welsh Assembly Government (WAG) Practice Guidance does state that despite their non-reflective design, it is possible that intense direct reflections of the sun (‘glint’/’specular reflection’) or more diffuse reflections of the bright sky around the sun (‘glare’) by solar PV panels (and their supporting frames) may cause viewer distraction. In addition to increasing the visual impact of a development in the landscape this can potentially impact on air traffic safety. Cardiff Airport has confirmed no objection to the proposal on an aerodrome safeguarding aspect. The proposal is therefore considered to be acceptable in these terms and it is considered that there is no evidence to suggest that the development would represent a hazard to air safety. Agricultural Land Quality National practice guidance recognises that, in view of the national policy support for farm diversification and the relatively large area of land required for solar PV arrays, that a significant proportion of proposals for solar PV arrays will be on agricultural land. Policy ENV2 states amongst other things, that the best and most versatile agricultural land (Grades 1, 2 and 3a) will be protected from irreversible development, save where overriding need can be demonstrated. The 1966 Agricultural Land Classification Maps indicate that the site is Grade 3 and the subsequent subdivision maps (subdivision of Grade 3 into 3A, 3B and 3C in 1986) do not cover this area. It is considered that limited weight can be afforded to the 1966 map, given the significant period of time that has elapsed. The application has been submitted with a details agricultural land quality assessment that has suggested the site falls within Grade 4 and 5 classification, this classification suggests the land is poor and very poor for agricultural use at the current moment in time. However, notwithstanding the grading, the proposed development would not irreversibly affect the land, since the panels are mounted on poles that are driven into the ground and not on concrete bases or similar. The transformer station would be constructed upon a hardstanding/base, however, this is small in scale and could be easily removed when the development has ceased, as could any access tracks between panels. The nature and spacing of the panels are also such that sheep could continue to graze between them, should this be proposed. Subject to condition controlling the de-commission of the site following a period of 25 years, or within 6 months of the cessation of electricity generation, whichever is sooner, (as suggested by PPW) the land will in any respect be restored to its former condition such that any impact would not be irreversible.

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Additional Works in connection with Solar Farm Finally, it is considered that the ancillary associated equipment (the substation, inverter cabinets and security cameras) and enclosures (deer fencing) are of a relatively modest scale and it is considered that these aspects of the development, which would be viewed in the direct context of the solar park, would in their own right not impact significantly on the character of the land. The plans submitted with the application refer to access tracks through the site for the construction and future maintenance of the site, following officer concerns the agent has confirmed these could be replaced with surface track matting that would not need foundations, further information on the track surfacing would therefore need to be conditioned. Cumulative Impacts It is considered that the only cumulative impact that needs to be considered is one of landscape setting and visual impact. In this respect, planning permission was granted for a 8MW solar farm at Sutton Mawr Farm and works have recently been completed, more recently planning permission was granted for a 7MW solar farm at Land at Weycock Cross, this permission has not been implemented to date. Both sites are within close proximity to the application site and reference to such has been made in representations from the Planning Policy Department, however given the comments from the Council’s Landscape Officer in regards to the views in relation to this application, the cumulative impact is not considered to hold sufficient weight to warrant refusal of planning permission. Public Right of Way (PROW) Issues The site is not crossed by any public rights of way, although there are a number in the vicinity. It is considered that the development would not adversely impact upon their usability or visual amenity. CONCLUSION The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

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Having regard to Policies 1, 2, ENV1 - Development in the Countryside, ENV2 - Agricultural Land, ENV4 – Special Landscape Areas, ENV10 - Conservation of the Landscape, ENV11 - Protection of Landscape Features, ENV16 - Protected Species, ENV17 - Protection of the Built and Historic Environment, ENV27 - Design of New Developments, ENV29 - Protection of Environmental Quality, EMP7 - Farm Diversification, and COMM8 - Other Renewable Energy Schemes, and the advice contained within Planning Policy Wales 7th Edition (2014) and Technical Advice Notes 6: Planning for Sustainable Rural Communities and 8: Planning for Renewable Energy and 11- Noise, and the Council’s Supplementary Planning Guidance, it is considered that the proposal represents an acceptable form of renewable energy development, the benefits of which outweigh any visual impact the proposal will have on the character and appearance of the Dyffryn Basin and Ridge Slopes Special Landscape Area, while also having no unacceptable impacts on highway safety, residential amenity, ecology, potential glare / air traffic safety and impact on agricultural land quality. RECOMMENDATION APPROVE subject to the following condition(s): 1. The development hereby permitted shall be begun before the expiration of


Planning Act 1990. 2. Within 25 years and six months following completion of construction of the

development, or within six months of the cessation of electricity generation by the solar photovoltaic facility, or within six months following a permanent cessation of construction works prior to the solar photovoltaic facility coming into operational use, whichever is the sooner, the solar photovoltaic panels, frames, foundations, and all associated structures and fencing hereby approved shall have been dismantled and removed from the site. The developer shall notify the Local Planning Authority in writing no later than five working days following cessation of power production or permanent cessation of construction works. The site shall subsequently be restored in accordance with a scheme, the details of which shall be submitted to and approved in writing by the Local Planning Authority no later than three months following the cessation of power production or within 25 years of the completion of construction, whichever is the sooner.

Reason: In the interests of visual amenity and to ensure compliance with Policies

ENV27 and COMM8 of the Unitary Development Plan.

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3. Prior to the commencement of development details of measures for wheel

washing, road sweeping and dust suppression shall be submitted to and approved in writing by the Local Planning Authority and the approved measures shall be fully implemented on site prior to the commencement of any works and shall thereafter be so retained for the duration of the construction phase of the development unless the Local Planning Authority gives prior written consent to any variation.

Reason: To ensure highway safety and that the amenities of the area are not

adversely affected and in order to ensure compliance with Policy ENV27 of the Unitary Development Plan.

4. No construction work or deliveries associated with the development hereby

approved shall take place on the site on any Sunday or Bank Holiday or on any other day except between the following hours: Monday to Friday 0800 – 1800, Saturday 0800 – 1300 unless otherwise first agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of local residents, and to ensure compliance

with the terms of Policy ENV27 of the Unitary Development Plan. 5. No external artificial lighting shall be installed during the operation of the

site as a solar photovoltaic facility, unless otherwise first agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to ensure compliance with Policy

ENV27 of the Unitary Development Plan. 6. Notwithstanding the submitted plans and prior to their use in the

development hereby approved, a scheme to detail all means of enclosure shall be submitted to and approved in writing by the Local Planning Authority.


ENV27 and COMM8 of the Unitary Development Plan. 7. Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification), no fencing or means of enclosure other than those hereby approved, shall be erected within the site unless details of such means of enclosure have first been submitted to and approved in writing by the Local Planning Authority.

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Reason: In the interests of the character and appearance of the Special Landscape

Area and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

8. 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 laid down by the Institute of Field Archaeologists. The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of development on site of the name and address of the said archaeologist and no work shall commence on site until the Local Planning Authority has confirmed in writing that the proposed archaeologist is suitable. A copy of the watching brief 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, and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

9. The development shall be implemented in accordance with the documents

Ecological Survey: Whitton Mawr, Dyffryn October 2014 and Landscape and Ecological Management Plan Whitton Mawr October 2014 prepared by Michael Wood Associates (received 21 October 2014).

Reason: In the interests of ecology and to ensure compliance with Policies ENV16

and ENV27 of the Unitary Development Plan. 10. No development shall take place until a scheme for ecological mitigation

and enhancement has been submitted to and approved in writing by the Local Planning Authority in accordance with the Landscape and Ecological Management Plan received on 21 October 2014 . Development shall be carried out in full accordance with the approved scheme.

Reason: In the interests of ecology and to ensure compliance with Policies ENV16

and ENV27 of the Unitary Development Plan.

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11. Notwithstanding the submitted plans, a comprehensive landscaping

scheme and management plan shall be submitted to and approved in writing by the Local Planning Authority which shall also include indications of all existing trees and hedgerows on the land, details of any to be retained, and details of all new hedges and trees, together with measures for their protection in the course of development. The new hedgerows and other approved landscaping shall be completed in full accordance with the approved landscaping scheme during the first planting and seeding seasons following the completion of the development, or the first beneficial use of the site whichever is sooner, with all new hedgerows and other planting provided as part of the approved landscaping scheme, together with the existing hedgerows and trees along the boundary, being managed and maintained for the duration of the life of the solar park in accordance with a management programme of works that shall have been submitted to and approved in writing by the Local Planning Authority prior to first beneficial use of the development.

Reason: To safeguard local visual amenities and to ensure satisfactory maintenance

of the landscaped area to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

12. The site shall be served solely by the existing access located along the

unnamed road off the A4226. Reason: In the interest of Highway/Public Safety and Visual Amenity and to meet

the requirements of Policies ENV1, ENV27 and ENV4 of the Unitary Development Plan.

13. No Development shall take place until there has been submitted to, and

approved in writing by the Local Planning Authority a Construction Environmental Management Plan (CEMP). The CEMP shall include details of how noise, lighting, dust and other airborne pollutants, vibration, smoke, and odour from construction work will be controlled and mitigated. The CEMP will utilise the Considerate Constructors Scheme (www.considerateconstructorsscheme.org.uk). The CEMP will include a system for the management of complaints from local residents which will incorporate a reporting system. The construction of the Development shall be completed in accordance with the approved Plan unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that the construction of the development is undertaken in a

neighbourly manner and in the interests of the protection of amenity and the environment and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

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14. This consent shall relate to the plans registered on the 14 July 2014 other

than where amended by the following:

- Ecological Survey Ref 2014/00798/FUL/AMENDED received 21st October 2014.

- Landscape and Ecological Management Plan Ref

2014/00798/FUL/AMENDED received on 21st October 2014. - Plan Q1512_003_08 Rev 08 received on 2nd September 2014. - Site Location Plan Ref 2014/00798/FUL/AMENDED received on 3rd

November 2014. - Archaeological Evaluation ref 2014/00798/FUL/ARCH/EVAL

received on 20th October 2014.

- Archaeological Mitigation Plan ref 2014/00798/FUL/ARCH/PLAN received on 20th October 2014.

- Trench Location Plan ref 2014/00798/FUL/ARCH/PLAN1 received

on 20th October 2014. Reason: To ensure a satisfactory form of development and for the avoidance of

doubt as to the approved plans. 15. No development shall take place until a Traffic Management Plan has been

submitted to and approved in writing by the Local Planning Authority to manage all vehicle movements associated with the construction of the development, which shall include full details of parking and manoeuvring areas for construction traffic within the site compound, the proposed routes for heavy construction vehicles, timings of construction traffic and means of defining and controlling such traffic routes and timings. The development shall at all times thereafter be carried out in accordance with the approved details unless the Local Planning Authority gives prior written consent to any variation.

Reason: In the interest of Highway/Public Safety and to meet the requirements of

Policies TRAN10 of the Unitary Development Plan. 16. Within two months of the completion of construction of the development,

the temporary construction compound and access (where such access route

included a new route or hard surfacing) shall be removed from site and the land restored in accordance with a scheme, the details of which shall first be submitted to and approved in writing by the Local Planning Authority.

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ENV27 and COMM8 of the Unitary Development Plan. 17. No development shall commence on site until a detailed scheme for the

drainage of the site has been submitted to and approved in writing by the Local Planning Authority, the approved scheme shall be implemented at the time of the development and prior to beneficial use of the solar panels.

Reason: To ensure that effective drainage facilities are provided for the proposed

development and that flood risk is not increased elsewhere. 18. Details of the concrete shoe footings shall be submitted to and approved in

writing to the Local Planning Authority and the development hereby approved shall be implemented in accordance with the Archaeological Evaluation (October 2014) and the Archaeological Mitigation Plan (October 2014) received 20 October 2014 and the approved shoe footing details.

Reason: To mitigate the impact of the works on the archaeological resource, and to

ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

19. Notwithstanding the submitted plans and prior to their use in the

development hereby approved, a scheme to detail any temporary access tracks shall be submitted to and approved in writing by the Local Planning Authority.


ENV27 and COMM8 of the Unitary Development Plan. 20. Notwithstanding the submitted plans and prior to their use in the

development hereby approved, details of the external finish and colour of the substation and inverters shall be submitted to and approved in writing by the Local Planning Authority.


ENV27 and COMM8 of the Unitary Development Plan.

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NOTE: Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter. In addition, any conditions that the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any conditions that require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

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2014/00962/FUL Received on 8 October 2014 Mr and Mrs A. P. Hill, Penny Ridge, Trerhyngyll, Vale of Glamorgan., CF71 7TN Mr and Mrs A. P. Hill, Penny Ridge, Trerhyngyll, Vale of Glamorgan., CF71 7TN Field to the east of Trerhyngyll Retrospective application for the erection of small, lockable storage shed for agricultural and equine purposes SITE AND CONTEXT The site is a field/paddock to the east of the village of Trerhyngyll, immediately adjacent to residential areas and accessed via a field gate at the end of an unadopted cul-de-sac that runs between houses. There is a recently built stables on the site near the access plus an unauthorised shed structure, which is the subject of this application. DESCRIPTION OF DEVELOPMENT The proposal is to retain the unauthorised shed structure. The structure has timber walls and a pitched felt roof. The shed is stated to have a depth of 3.65m and width of 2.4m. It has a height of 2.4m to the ridge. There is a canopy over the ‘entrance area’, with full length glazed doors to the front elevation. The shed is positioned on a raised level on the edge of the field, adjacent to the field gate access.

The shed is stated to be used for the storage of tools, hay, willow crop, and supplies linked to the “planned use of keeping poultry”. The shed is also to be used in conjunction with the stables and horses at this field.

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PLANNING HISTORY 2013/00137/FUL : Land to the east of Trerhyngyll. Stable and use of field for equestrian. Approved 10 July 2013. 1994/00647/OUT : Land to east of Trerhyngyll and as delineated red upon the attached plan. Outline application for construction of one private dwelling. Refused 6 September 1994. CONSULTATIONS Penllyn Community Council - No comments have been received to date. Environmental Health (Pollution) stated that the shed should be used for storage only and that it should not store waste material or effluent. Local Ward Members – No comments have been received to date. REPRESENTATIONS The neighbouring properties were consulted on 13 October 2014. A site notice was also displayed on the 27 October 2014. There has been one objection received to date, stating that the shed is of a domestic summerhouse design and unsuitable for equestrian and agricultural storage. The respondent questions the need for additional storage as there is a room for storage in the stables. REPORT Planning Policies The Development Plan for the area comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, which was formally adopted by the Council on 18 April 2005, and within which the following policies are of relevance: ENV1 - DEVELOPMENT IN THE COUNTRYSIDE

ENV2 – AGRICULTURAL LAND

ENV10 – CONSERVATION OF THE COUNTRYSIDE

ENV11 - PROTECTION OF LANDSCAPE FEATURES


EMP8 - AGRICULTURAL ENTERPRISE AND ASSOCIATED DEVELOPMENT

MIN7 - BUFFER ZONES

REC12 – PUBLIC RIGHTS OF WAY AND RECREATIONAL ROUTES STRATEGIC POLICIES 1 – THE ENVIRONMENT

P.90

Planning Policy Wales (Edition 7, 2014) advises that where development plan policies are outdated or superseded local planning authorities should give them decreasing weight in favour of other material considerations, such as national planning policy, in the determination of individual applications. It is for the decision-maker to determine whether policies in the adopted Development Plan are out of date or have been superseded by other material considerations and this should be done in light of the presumption in favour of sustainable development. In this case, the relevant policies are detailed above and other material considerations are considered to be as follows: National Planning Policy: Planning Policy Wales (Edition 7, 2014): 7.6.5 Local planning authorities should adopt a constructive approach towards agricultural development proposals, especially those which are designed to meet the needs of changing farming practices or are necessary to achieve compliance with new environmental, hygiene or welfare legislation. In addition they should adopt a positive approach to the conversion of rural buildings for business re-use5. Technical Advice Notes: Technical Advice Note 6 (Planning for Sustainable Rural Communities) 2010: 6.2.1 When preparing development plans and considering planning applications, planning authorities should consider the quality of agricultural land and other agricultural factors and seek to minimise any adverse affects on the environment. Technical Advice Note 12 (Design): 5.8.5 The scale, form and siting of new agricultural buildings or buildings for on-farm diversification, is usually influenced by the operational needs of the enterprise. Where possible, new buildings should be integrated within the farmstead. Elsewhere, particular care should be taken with siting, massing and detailed design to enable them to fit well into the landscape. The use of materials appropriate to the setting, attention to colours of materials and detailing can all facilitate integration into the landscape. The standard pattern book approach needs to evolve to accommodate vernacular elements and relate to the local context. Issues In assessing the proposal against the above policies and guidance it is considered that the principal issue relates to the design and visual impact of the proposal on the surrounding countryside and an assessment of agricultural need for the shed.

P.91

History and Justification Before assessing the current proposal it is important to set out the history of the site. Initially, an enforcement investigation reference 2014/0133/PRO was initiated regarding an unauthorised building being erected at a field adjacent to the neighbouring dwelling Birchgrove. The site was inspected and it was noted that a building, subject to this current application, had been erected in the open countryside. As the unauthorised building did not have the benefit of planning permission, this application has been submitted to regularise the shed as built. The owner states that the building was used to store agricultural tools, willow crop and hay from the surrounding agricultural land. The shed is also to be used in association with the stabling of horses. Justification for the Shed In light of the policies identified above, in particular Policies ENV1 and EMP8, the principle issue in this application is whether there is a justification for this development for agricultural purposes in a rural location outside of the settlement boundary. Policy ENV1 is the Council’s principal countryside protection policy, which seeks to prevent any development in the countryside, outside of the identified settlement boundaries, that is not essential to appropriate rural activities, principally agriculture. Policy EMP8 requires any proposals of development being erected to be necessary for the purposes of agriculture within the associated agricultural unit and designed specifically for the agriculture purposes. As outlined above in the report, the applicant proposes the summer house to be used for the storage of tools, hay, willow crop, and supplies linked to the “planned use of keeping poultry”. The shed/summer house is also to be used in conjunction with the stables and horses at this field, with the applicant stating that the shed would be needed to support “the care, safety and welfare” of two horses that “are due to be kept on the land”. However although the proposed shed has been argued as partially justified on the basis of agricultural need, there is little in the way of established agricultural activity on this parcel of land that was evident at the time of the site visit. There was no livestock present, though it is noted that the Design and Access Statement (DAS) states that the keeping of poultry was a “planned use” but provides no indication of this as an agricultural enterprise as such. There are no details of the tools to be kept in the shed or where the items to be stored mentioned as justification for the shed are currently kept. The submitted justification does not provide information regarding the extent of any agricultural commercial activity and is not considered convincing justification for the need of a storage shed.

P.92

In this regard, it should be noted that the preamble to Policy EMP8 (Agricultural enterprise and associated development) requires that a proposed agricultural development be “essential for the purposes of established agricultural activity on the site” (5.4.44). Clearly there does not appear to be an established agricultural use of this land to any significant degree that would warrant a building and there is a lack of evidence provided of commercial agricultural activity, which therefore questions the need for an agricultural storage unit of any kind. It is also noted that the poultry activity mentioned in the Design and Access Statement is an intended agricultural activity, rather than an established agricultural activity that may require storage at this time. Further to the question of agricultural justification, part of the requirement of policy EMP 8 is that the unit is specifically designed for the purposes of agriculture if that is its intended use. In this case the shed has a domestic summer house appearance with an almost completely glazed front elevation with a small ‘veranda’ area. The shed has a clear and obvious domestic appearance, akin to a ‘summer house’ that would be more typical of a domestic garden. The internal space within the shed is limited (approximately 2.4m x 2.4m) and not considered to be of a size that could practically store hay or willow, together with agricultural tools and supplies etc. At the time of the site visit there did not appear to be any such items stored in the shed, with just a chair evident. It is also noted that the building is elevated at the front above the field level therefore further rendering the building difficult for storage purposes due to levels differences. It is also considered that it would be highly unlikely that tools or supplies of any value would be kept in the shed, as it is not a secure unit. The shed has a glazed front elevation that would not keep anything of value secure from theft. As such, the shed as constructed is not considered to be built for the purposes of agriculture, contrary to Policy EMP8 of the UDP. Accordingly, given the lack of evidence of significant agricultural use of the land identified with this application that would warrant a storage building, together with the design and appearance of the shed which is clearly not suitable or appropriate as an agricultural store (being of a domestic ‘summer house’ design), it is considered that the agricultural justification for the shed as expressed by the applicant is not accepted as sufficient or reasonable. The submitted Design and Access Statement includes further justification relating to equine uses. The shed is within close proximity to the newly constructed stables, approved under application 2013/00137/FUL. The applicant states that the shed would “also support the care, safety and welfare of two competition horses are due to be kept on the land”. However, again there was no evidence at the time of the site visit that the shed was being used for any equestrian related purpose though it is recognised the horses may not be on the land as yet. Nonetheless, it is not clear why there is a necessity for there to be an additional store building for the equestrian use. The stables were approved to include a feed and tack room and so there is no justification for the use of the shed as a further store for the two horses intended to be kept at the site. Also, it is not clear how the shed would be of use for the “care” and “safety” of the horses. The shed is not stated to provide any form of accommodation, especially with it also proposed to store agricultural equipment and crops etc, though in any case it is not considered necessary to have a shed on site for the care of horses.

P.93

Overall it is considered that there is no justification for the shed on the basis of equestrian use and it is not considered necessary for the equestrian welfare or storage purposes, given the previously approved stable building. Overall, it is considered that there is no sufficient justification, whether agricultural or equestrian, for the retention of the existing shed. Consequently, the unauthorised building is considered to be unacceptable and contrary to the requirements of Policies ENV1 and EMP8 of the Adopted UDP 1996-2011. Visual Impact on the Surrounding Area The shed as built is a relatively small structure. However, it must be noted that the shed is positioned on the edge of a field within the countryside. It is in close proximity to residential areas, such as the nearby dwelling Birchgrove and its detached outbuilding. However, the shed is positioned clearly beyond the envelope of the village’s residential area, being positioned beyond the field gate on the edge of the field. Whilst being positioned within this countryside setting, the shed is designed with the appearance of a domestic garden summer house, and the domestic design is wholly incongruous with its setting within a field. It is also important to note that the shed is clearly visible from the adjacent public highway and therefore would be visible from public vantage points. It is noted that the shed is positioned adjacent to a stable block, although the stables are of a typical design for such a structure. The ‘summer house’ design, despite its small size, would appear as an unsuitable and discordant residential feature within a field and would therefore have an adverse impact to the character of the countryside setting, contrary to Policies ENV1 and ENV10 of the adopted Vale of Glamorgan Unitary Development Plan 1996-2011. Summary Overall, it must be considered that the building has no justification for being erected on the land and does not constitute a development that is necessary for agricultural purposes or for any equestrian needs. Moreover the building has an incongruous domestic design which is not fit for agricultural purpose, is considered to have a detrimental impact upon the rural landscape, and thus does not preserving the landscape character and features of this area of the countryside. Accordingly, the building will cause harm to the visual amenities of the surrounding protected landscape, contrary to Policies ENV1, ENV10 and EMP8 of the adopted Vale of Glamorgan Unitary Development Plan 1996-2011. Unauthorised Works Members will note that the shed has already been constructed in full on site. Accordingly, it is considered prudent to seek authorisation for formal enforcement action at this time to remove the structure if the application is refused. Therefore the recommendation includes authorising the Council to pursue enforcement action should this prove necessary.

P.94

CONCLUSION The decision to recommend refusal of planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011. Having regard to Policies ENV1-Development in the Countryside, ENV 9 – Development Involving Horses, ENV 10-Conservation of the Countryside, ENV11-Protection of Landscape Features, ENV27-Design of New Developments, EMP8-Agricultural Enterprise and Associated Development of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011; and national guidance in Planning Policy Wales, TAN6-Planning for Sustainable Rural Communities and TAN12-Design, it is considered that there is no substantive justification that the development is reasonably necessary for the purposes of agriculture on the land or any equestrian needs, with the shed as built being of a domesticated appearance and not of a design suitable for agricultural purposes. As such the proposed new building represents an unjustified and intrusive encroachment into the open countryside that would detract from the unspoilt, undeveloped rural character and appearance of the surrounding landscape. RECOMMENDATION That in the event of the Committee agree to the following reason for refusal, the Head of Legal Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require: (i) The removal of the shed and its base and to return the land to its state as it

was prior to its construction. In the event of non-compliance with the above Notice, authorisation is also sought to take such legal proceedings as may be required. REFUSE AND AUTHORISE ENFORCEMENT ACTION (W.R.) 1. The summer house building by virtue of its design and appearance is not

considered necessary for the purposes of agriculture or equestrian storage and by virtue of its appearance and siting, is considered to be incongruous within the countryside setting, harmful to both the character and appearance of the area in general. The development is therefore considered to be contrary to Policies ENV1 - Development in the Countryside, ENV9 - Development Involving Horses, ENV10 - Conservation of the Countryside, ENV27- Design of New Developments and EMP8- Agricultural enterprise and Associated Development of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and national guidance in Planning Policy Wales, TAN6-Planning for Sustainable Rural Communities and TAN12-Design.

P.95

P.96

2014/01019/FUL Received on 1 September 2014 Prezzo plc RPS, Park House, Greyfriars Road, Cardiff., CF10 3AF 16, Windsor Road, Penarth Change of use to Class A3 restaurant, new shopfront and fume extraction ducting together with plant SITE AND CONTEXT The application site relates to No. 16 Windsor Road, a vacant A1 retail unit within the ‘Primary Shopping Frontage’ of Windsor Road, Penarth. The site was until recently occupied by ‘Spar’ as a convenience store. The application property is a three storey building which benefits from a rear yard, the unit is part of a terrace of retail units with the adjoining units being in A3 and a hybrid mixed A1/A3 use. DESCRIPTION OF DEVELOPMENT The application relates to the conversion of the premises from A1 use class to an A3 (Food and Drink) with the ground and first floor being used as a restaurant and the upper floors being used as ancillary use. The application also proposes a new shop front, new fume extraction ducting together with new air conditioning plant and an external staircase. PLANNING HISTORY 1999/00334/ADV : Spar Store, 16, Windsor Road, Penarth. Spar fascia sign and Spar projecting sign. Approved 30 April 1999. 1999/00274/FUL : Spar Stores, 16, Windsor Road, Penarth. New shopfront. Approved 7 May 1999. CONSULTATIONS Penarth Town Council was consulted on 8 September 2014. A response received on 22 September 2014 states THAT: Whilst the Town Council supports the application it requests that the Vale of Glamorgan Council ensure that the opening hours match those of other similar businesses in town such as Bar 44. Conservation (Planning) was consulted on 8 September 2014. No response was received at the time of writing this report.

P.97

Policy Section (Planning) was consulted on 8 September 2014. A response received on 15 Oct 2014 states objects to the proposal citing the impact of non A1 uses within the primary shopping frontages. Local Ward Members were consulted on 8 September 2014. No response was received at the time of writing this report. Pollution Control (Planning) were consulted on 8 September 2014. A response received on 30 September 2014 states no objection subject to conditions relating to operating hours, deliveries, fume extraction and plant. REPRESENTATIONS The neighbouring properties were consulted on 8 September 2014. A site notice was also displayed on 11 September 2014 and the application was also advertised in the press on 11 September 2014. To date 5 letters of representation have been received, 3 offering their support to the application and 2 letters of objection from the occupiers of No. 14 Windsor Road, although we have subsequently received a letter from the objector asking for the objections to be withdrawn. The acting agent has also submitted national surveys showing the decline of high streets and the decline of consumer spending in support of the application. REPORT Planning Policies The Development Plan for the area comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, which was formally adopted by the Council on 18 April 2005, and within which the following policies are of relevance: ENV17 - PROTECTION OF HISTORIC AND BUILT ENVIRONMENT

ENV20 - DEVELOPMENT IN CONSERVATION AREAS


ENV29 - PROTECTION OF ENVIRONMENTAL QUALITY

ENV28 - ACCESS FOR DISABLED PEOPLE

SHOP5 - GROUND FLOOR USES IN PRIMARY SHOPPING AREAS

TRAN10 - PARKING Planning Policy Wales (Edition 7, 2014) advises that where development plan policies are outdated or superseded local planning authorities should give them decreasing weight in favour of other material considerations, such as national planning policy, in the determination of individual applications. It is for the decision-maker to determine whether policies in the adopted Development Plan are out of date or have been superseded by other material considerations and this should be done in light of the presumption in favour of sustainable development.

P.98

In this case, the relevant material considerations remain the above policies of the Unitary Development Plan and are also considered to be as follows: National Planning Policy: Planning Policy Wales (Edition 7, 2014) - [insert relevant paragraphs] Technical Advice Note 4: Retailing and Town Centre (1996) Technical advice note 12: Design Supplementary Planning Guidance: Shop Front Design Guidance Supplementary Planning Guidance on ‘Penarth Conservation Area Background Evidence: Vale of Glamorgan District Centre Study (Final Report) Town Centres Framework (2014) Issues The primary issues to consider under this application relate to the loss of a retail unit within the primary shopping district, the impact of the proposed use and alterations on the amenities of occupiers of the surrounding area and whether this is considered an acceptable proposal in terms of residential amenity. Impact on highway and pedestrian safety are also issues. Loss of Retail Unit The development is located within the Primary Retail area of Penarth. The policy for development (Policy SHOP5) of the Unitary Development Plan in this area seeks to protect the vitality and viability of the primary shopping areas. This is a criteria based policy and non-retail uses are only permitted where they meet criteria relating to the vitality and viability of high streets. The Council has also commissioned a number of studies on town centres in preparation of the Local Development Plan (LDP). Although the LDP has not been formally adopted it is considered some weight can be given to these studies. The Town Centre Framework found the Penarth Town Centre a strong successful centre lacking in night-time offering, it concludes that uses such as cafes/restaurants are uses likely to be particularly attractive to visitors of Penarth. The Vale of Glamorgan District Centre Study (Final Report) by Martin Tonks also highlighted the underrepresentation of Café/Restaurants in Penarth, supported by Technical Advice Note 4 (TAN4) that identifies the importance of diversity. Ultimately the town centres viability and vitality relies on units being in occupation and it is noted that the application site is a vacant large 3 storey dwelling, a unit that is unlikely to be occupied by anyone other than a large chain retailer given the high rent demands. The supporting information submitted by the current acting agents has confirmed the site has been marketed by them since June 2013 with little or no interest.

P.99

The loss of an A1 unit is regrettable and non-retail uses are discouraged especially those that result in two non-retail frontages together in order to discourage ‘dead frontages’. However it is considered that the merits of this case are unique, given the size of the unit and the occupier/offering being proposed it is considered on this occasion despite policy objections that the proposed use could be accommodated on this site subject to conditions ensuring the site remains with an active frontage and relates to the specific characteristics of the national chain retailer who is the applicant to the application. Notwithstanding the above, there is no guarantee the unit will be occupied by the applicant (a national chain restaurant) and there is a risk the unit may in the future be occupied by other A3 users that may not fulfil the offering being considered under this application, it would therefore be necessary to condition the permission to restrict takeaway use and relate the permission to the current applicants unique case. The current application is considered to provide economic benefit and employment to the town centre and whilst this in itself is not material planning consideration it is pertinent to note that the approval would result in a vacant unit being occupied and jobs being created. In light of the above, the loss of an A1 retail unit in this location whilst regrettable is considered acceptable. Impact upon Character Policy ENV20 seeks to ensure alterations to buildings preserve or enhance the conservation area. The application site would front Windsor Road and be prominent within the Penarth Conservation Area. The current application proposes a replacement shop front relocating the front entrance doors, the proposed shop front is to match the existing shop front in design and finish. As a result, it is not considered that the new shop front will detrimentally affect the existing character of the building within the street scene, or harm the quality of the conservation area, but instead it is considered acceptable on the basis that the work is carried out as indicated on the submitted plans. The proposed condenser and air conditioning units would not be visible from the street and are not considered to cause any negative impact to the character of the area. The proposed fume extraction flue would be routed externally, located to the rear of the building and highly visible from Bradenham Place, the proposed access stairs would be erected next to the flue for the maintenance of the flue. The rear lane serving properties along Windsor Road is accessed from Bradenham Place and adds little to the character of the Conservation Area, whilst the current outlook of this part of the Conservation is poor, the introduction of further poorly designed additions is considered to cause harm to the character and visual amenities of the Penarth Conservation Area. Accordingly it is proposed to condition that full details of this equipment must be first submitted to and agreed in writing by the Local Planning Authority.

P.100

Impact upon Amenity of Neighbouring Residential Properties The property is not proposed to be extended as part of the change of use, although external works are proposed. Of primary consideration is the potential impact of the proposed extraction and ventilation systems upon the neighbouring properties. The upper floors of the unit are currently vacant, the surrounding properties at ground floor generally are in commercial occupation and as such there are no immediate residential neighbours although there are residential properties relatively nearby, no details have been provided in regards to the odour filtration system, therefore it would be necessary to condition further details if planning permission was to be granted to ensure the fumes generated did not adversely affect neighbouring residential properties. Finally, it is considered that the restaurant opening hours are in keeping with the town centre location and are similar to those of the neighbouring property, and as such are considered acceptable and unlikely to cause any demonstrable harm. Further conditions relating to restricting opening, noise attenuation and operating hours, as well as conditions relating to deliveries/collections and plant operating times to further safeguard amenity of nearby occupiers would need to be considered. Impact upon Car Parking Provision It is considered given that the premises lies within a sustainable location in Penarth Town Centre that is well served by public transport facilities. The proposed change of use from A1 retail to A3 is not considered likely to have any significant increase to traffic within the town centre. It is also considered that the proposals should not result in significantly increased parking pressures. CONCLUSION The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011. Having regard to Policies ENV27 (Design of New Developments), ENV17 (Protection of Historic and Built Environment) ENV20 (Development in Conservation Areas), ENV29 (Protection of Environmental Quality), ENV28 (Access for Disabled People) SHOP5 (Ground Floor Uses in Primary Shopping Areas) and TRAN10 (Parking) of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, it is considered that the proposals for the change of use to restaurant (A3 use) and external alterations are acceptable with no detrimental impact to the character of the conservation area or the amenities of neighbouring occupiers, the local highway network or the amenities of neighbouring occupiers. The proposals therefore comply with the relevant planning polices and supplementary planning guidance.

P.101

RECOMMENDATION APPROVE subject to the following condition(s): 1. The development hereby permitted shall be begun before the expiration of


Planning Act 1990. 2. There shall be no use of external areas, including the rear yard, for

customers of the restaurant hereby approved, outside of the hours of 09:00 and 21:30 hours on any day, unless otherwise approved in writing by the Local Planning Authority.

Reason: In the interests of residential amenity, and to ensure compliance with the

terms of Policy ENV27 of the Unitary Development Plan. 3. The use hereby permitted shall not be open to customers outside the

following time: 08:30 - 23:30 hours Sunday to Thursday 08:30 - 00:30 hours Friday and Saturday unless otherwise approved in writing by the Local Planning Authority. Reason: To safeguard the amenities of adjoining occupiers, and to ensure

compliance with the terms of Policy ENV27 of the Unitary Development Plan.

4. Notwithstanding the submitted plans and information, full details of the

external plant and machinery (and any access ladder), including a noise assessment and details of incorporated odour attenuation, should be submitted to the Local Planning Authority prior to their operation in connection with the use of the building. The plant and machinery should thereafter only be operated in full accordance with the agreed details, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenities of neighbouring occupiers, in accordance with

Policies ENV27 and ENV29 of the Unitary Development Plan.

P.102

5. The development hereby permitted shall be used as a licensed restaurant

(excluding takeaway) and for no other purpose, including any other purpose in Class A3 of the Town and Country Planning Use Classes Order 1987 (or any order revoking or re-enacting that Order).

Reason: To control the nature of activities carried out on-site, in the interest of the

amenities of the area and to meet the requirements of Policy ENV29 of the Unitary Development Plan.

6. The bin store as shown on Drawing No: P01 [Existing and Proposed GA's -

All Floors] received on 29 Aug 2014 shall be fully installed on site prior to the beneficial use of the development hereby approved and shall thereafter be so retained at all times to serve the development hereby approved.

Reason: To safeguard the amenity of neighbouring residential properties in

accordance with Policies ENV27 and ENV29 of the Unitary Development Plan.

7. The premises shall not be used for singing, dancing, the playing of any kind

of music, or other forms of public entertainment other than the playing of background music.

Reason: To safeguard the amenities of adjoining occupiers, and to ensure

compliance with the terms of Policies ENV27 and ENV29 of the Unitary Development Plan.

8. The A3 use hereby approved shall relate to ground floor and first floor only

and does not extend to second floor. Reason: To ensure a satisfactory form of development and for the avoidance of

doubt as to the extent of the consent and to ensure compliance with Policies ENV27 and ENV29 of the Unitary Development Plan.

9. No staff members shall remain on the premises outside the following times: Sun-Thurs 08:30hrs - 12:30 hrs Fr-Sat 08:30hrs - 01:30 hrs

P.103

Reason: To safeguard the amenity of adjoining occupiers, and to ensure compliance

with the terms of Policies ENV27 and ENV29 of the Unitary Development Plan.

10. Notwithstanding the submitted plans, the permission hereby approved does

not grant consent for the external fume extraction flue or the external staircase shown on Drawing No. P02 Revision A.


doubt as to the extent of the consent and to ensure compliance with Policies ENV27 and ENV29 of the Unitary Development Plan.

11. Notwithstanding the terms of the Town and Country Planning ( General

Permitted Development) Order 1995 or any order amending ,revoking or re-enacting that order howsoever the premises shall be used only for the purpose of an A3 restuarant and shall not be used for any other purpose including takeaway or standalone bar or public house; and shall operate in accordance with the letter dated 22 August 2014 from agents RPS and the terms of the Design and Access Statement, page 1 setting out how the restaurant will operate and when it will open.

Reason: To control the precise nature of the use of the site to ensure that the use

does not lead to dead frontage or use during the day, and to ensure compliance with the terms of Policies ENV29 and SHOP5 of the Unitary Development Plan.

12. Notwithstanding the submitted plans, the shopfront windows shall be fitted

with clear glazing at the time of its construction, and thereafter the consent hereby granted shall not permit the use of obscured glazing, film or vinyl graphics sheet as a form of shop window treatment on any shop windows.

Reason: In the interests of visual amenities does not lead to a **** frontage or use

during the day, and to ensure compliance with Policies ENV27 and SHOP 5 of the Unitary Development Plan.

13. This consent shall relate to the plans registered on 29 Aug 2014 other than

where amended by plans reference 2014/01019/FUL/Amended received on 08 Oct 2014.


doubt as to the approved plans.

P.104

14. Deliveries to the premises shall take place only between the hours of 07:00

and 19:00 hours on Monday to Saturday and at no other time outside of these hours.

Reason: To safeguard the amenities of adjoining occupiers and to ensure

compliance with the terms of Policies ENV27 and TRAN10 of the Unitary Development Plan.

NOTE: Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter. In addition, any conditions that the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any conditions that require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

P.105

P.106

2014/01058/FUL Received on 30 September 2014 UWC Atlantic College St Donat’s Castle, St Donat’s, Vale of Glamorgan, CF61 1WF Burrell Foley Fischer Isis House, 67-69 Southwark Street, London, SE1 0HX United World College of the Atlantic Ltd, St. Donats Castle St. Donats Construction of a proposed new Sports Hall facility to compliment existing sporting amenities at UWC Atlantic College. Sited adjacent to the existing tennis courts, the proposal involves the demolition of some existing maintenance / storage buildings. The new building shall have a multi-use sports hall, dedicated dance studio, gym, associated changing facilities and storage, student cafe area with kitchen and servery, small student office/reception, and outdoor terrace seating areas to take advantage of coastal views. The proposed building also incorporates No. 68 roof mounted photo voltaic panels. SITE AND CONTEXT The application site is located within the grounds of the United World College of the Atlantic at St. Donats Castle, St. Donats.

More specifically, the site relates to eastern part of the site on land largely occupied by several maintenance buildings and a landscaped area to the north. To the north of the site is a modern teaching block, with tennis courts and the Castle Gardens to the west. The staff house and the converted Calvary Barracks are to the south. The western boundary is delineated by the internal access road. The site falls outside of the settlement as defined by the Vale of Glamorgan Unitary Development Plan 1996-2011 and within the Glamorgan Heritage Coast.

P.107

The site is located adjacent to a number of listed buildings namely, the Grade II Listed Cavalry Barracks (to south-west), the Grade 1 Listed Castle to the west. The site falls within the defined boundary of the St. Donats Castle Historic Gardens. DESCRIPTION OF DEVELOPMENT This is a full application (as amended) for the construction of a new sports hall.

The principal building is some 34 metres in width by a maximum depth of 46 metres. At its maximum, the main building measures 10 metres in height from the lowest adjacent ground level. The entrance to the building will be from first floor level on the northern elevation of the building, which is generally at grade with the adjacent ground levels.

Proposed North Elevation

P.108

The entrance to the building is marked by a stone tower to accommodate a stairwell which is glazed at lower level. The tower will have vertical apertures around the upper level, terminating with a parapet to provide access onto the roof. The building will accommodate the main sports hall, gym, dance studios, changing rooms, lift and stairwells at ground floor level. At first floor level the accommodation comprises of a viewing gallery, student café, servery, kitchen and store. The scheme includes the provision of an outdoor seating area. The roof is of a flat roof design on top of which will be a banked sedum roof with 8 rows of PV panels and divided into sections separated by gutters and linear roof lights to serve the hall. The building will mainly comprise of lower stone walls with upper levels clad in grey/brown ‘Oko Skin’ rain screen cladding. The east elevation is largely glazed.

Proposed East Elevation

The scheme as amended includes 3 No. disabled spaces and coach drop off area, to the north of the building. Hard landscape finishes within the application site are summarised below: Resin bonded aggregate generally to pathways. natural stone paving to student cafe terrace. Tarmacadam for car park, coach drop off area and access into the

maintenance yard. A new tree screen is proposed along the west boundary of the site. PLANNING HISTORY The site has been subject to an extensive planning history, mainly in relation to Listed Building Consent applications. However the following are the most recent and relevant applications: 2014/00818/LBC : United World College of the Atlantic Ltd, St. Donats Castle, St. Donats. Corridor window to library to be replaced like for like. Stone surround and metal framed glazing to be replaced whilst existing latches to be retained. Application not yet determined.

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2014/00816/FUL : United World College of the Atlantic Ltd, St. Donats Castle, St. Donats. Corridor window to library to be replaced like for like. Stone surround and metal framed glazing to be replaced whilst existing latches to be retained. Application not yet determined. 2014/00364/LBC : The Cavalry Barracks, United World College of the Atlantic Ltd, St. Donats Castle, St. Donats. New door opening. Approved 25 June 2014. 2014/00184/LBC : The Library Lift, United World College of the Atlantic, St. Donats Castle. The installation of an internal platform lift to provide disabled access to the first floor of the castle, addressing the level differences at first floor level by introducing a raised section of flooring including raising the height of an existing door opening. Widening an existing door opening to the Lift Lobby and installing a new jib style door. The installation of a new ramp at ground floor level to provide disabled access through the building. Approved 30 April 2014. 2013/01149/LBC : United World College of the Atlantic Ltd, St. Donats Castle, St. Donat's. Internal alterations and refurbishment of the library, including general upgrade of all lighting, power sockets, and heating, installation of single glazed minimal screens within 3 No. existing stone arched openings to provide separation between the main body of the library and the proposed seminar area. Approved 5 February 2014. 2013/00839/LBC : United World College of the Atlantic Ltd, St. Donats Castle, St. Donats. The proposed development is to provide accommodation for a Pre International Baccalaureate course (Pre IB) at UWC Atlantic College. This includes internal alterations & refurbishment of the Cavalry Barracks to provide dormitories, general teaching accommodation, a parent’s house and externally a glazed screen to enclose colonnade area. - Approved 25 October 2013. 2013/00838/FUL : United World College of the Atlantic Ltd, St. Donats Castle, St. Donats, Llantwit Major. The proposed development is to provide accommodation for a Pre International Baccalaureate course (Pre IB) at UWC Atlantic College. This includes internal alterations & refurbishment of the Cavalry Barracks to provide dormitories, general teaching accommodation, a parent’s house and externally a glazed screen to enclose colonnade area. Approved 25 October 2013. CONSULTATIONS St. Donats Community Council was consulted and no comments have been received to date. Glamorgan Heritage Coast Officer was consulted and no comments have been received to date. Environmental Health (Pollution) was consulted and has responded with no comments to make.

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Dwr Cymru / Welsh Water was consulted and no comments have been received to date. Garden History Society was consulted and no comments have been received to date. Ecology Officer was consulted and welcomes the submission of the following report/s and plan/s: Bat Survey Report, Sports Hall, for UWC Atlantic College by Sylvian Ecology; September 2014 E5893-LTG-02 P1 – Lighting Layout AL(90)201.P4 – Proposed Tree Plan AL(0)202.P4 – Proposed Mezzanine Plan UWC Atlantic College, External Lighting Proposals; October 2014 Ext Lux Plot.PDF; October 2014 and in summary is satisfied that the proposed application will not adversely affect protected or priority habitats or species. Glamorgan Gwent Archaeological Trust was consulted and has responded by stating that the proposed works will require ecological mitigation. They have therefore requested that a condition requiring the applicant to appoint an archaeologist to conduct a watching brief is attached to any planning permission granted. Cadw, Historic Gardens was consulted. A holding response has been received to date, but no formal comments. Natural Resources Wales was consulted and have raised no objections subject to conditions in relation to the submission of a scheme of foul drainage, controlled waste being removed off-site and implementation of the recommendations made in the Extended Phase 1 Habitat Survey Report and the Bat Survey Report. REPRESENTATIONS The neighbouring properties were consulted on 1 October 2014 and a site notice was displayed on 10 October 2014. The application was also advertised in the press on 14 October. To date no letters of representation have been received.

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REPORT Planning Policies The Development Plan for the area comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, which was formally adopted by the Council on 18 April 2005, and within which the following policies are of relevance: STRATEGIC POLICIES POLICY 1 – The Environment

POLICY 2 - Sustainability

POLICY 11 – Sport and Recreation

POLICY 14 – Community and Utility Services PART 2 POLICIES ENV1 – DEVELOPMENT IN THE COUNTRYSIDE

ENV5 – GLAMORGAN HERITAGE COAST

ENV17 – PROTECTION OF BUILT AND HISTORIC ENVIRONMENT


TRAN10 - PARKING Planning Policy Wales (Edition 7, 2014) advises that where development plan policies are outdated or superseded local planning authorities should give them decreasing weight in favour of other material considerations, such as national planning policy, in the determination of individual applications. It is for the decision-maker to determine whether policies in the adopted Development Plan are out of date or have been superseded by other material considerations and this should be done in light of the presumption in favour of sustainable development. In this case, the relevant material considerations are considered to be the above policies from the UDP and the following: National Planning Policy: Planning Policy Wales (Edition 7, 2014) in particular respect of Chapter 5 -Conserving and Improving Natural Heritage and the Coast and Chapter 6 -Conserving the Historic Environment 6.5.9 Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses. 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 particular locality.

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Technical Advice Notes: TAN 5 – Nature Conservation and Planning (2009) TAN10 – Tree Preservation Orders (1997) TAN12 – Design (2014) TAN14 – Coastal Planning (1998) TAN16 – Sport, Recreation and Open Space (2009) Supplementary Planning Guidance:

- Biodiversity and Development

- Design in the Landscape

- Sustainable Development - A Developer's Guide

- Trees and Development Issues The key issues in the consideration of this application are: Impact on the setting of Listed Buildings Impact on the Registered Park and Gardens

Impact on the wider setting of the Glamorgan Heritage Coast.

The impact of the trees within the site Archaeology and Biodiversity Background The Design and Access Statement makes reference to an overall Masterplan for Atlantic College, the purpose of which is to provide a framework for strategic decision making linked to UWC Atlantic College’s Strategic Plan for the next 5-10 years. Together with the draft Conservation Plan, it also provides a basis for understanding the impact of proposed change on landscape and buildings of high architectural and historical significance. The Sports Hall subject to this application is the first of the new build projects to be implemented within the framework of the Masterplan. As part of the Masterplan Study, it is stated that consideration was given to options for siting the Sports Hall, within other parts of the site. The key considerations from an operational point of view in considering appropriate siting are stated as being: siting a building with a large footprint and volume to avoid harmful impact on the setting of existing buildings and estate of high architectural and historical significance;

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proximity to existing sports facilities used by students and external users; and ease of access from other related facilities. Siting of the new Sports Hall on the foreshore, close to the existing indoor and outdoor swimming pool was discounted on the grounds of harmful impact on the setting of existing Listed Buildings on the foreshore. Consideration was also given to siting the new Sports Hall in Parc Wood close to the road and the Sports Field, where external use would be feasible without impact on the security of the College estate. However this would have required the removal of a section of woodland with ecological impact. The location chosen is largely in the area of the existing maintenance yard below the tennis courts. This area of the College estate has already been developed and the redevelopment and it is stated that this part of the site would have minimal impact on the setting of the Listed building, Heritage Coast, and wider impacts and would consolidate the built form within this part of the site. Visual Impact The proposal would provide the opportunity to better organise the buildings within the maintenance yard and better screen them and the existing biomass boiler house from the Castle Gardens and the road down to the foreshore. Moreover the location shown would largely be protected by views from the Coastal path by the existing woodland. The sloping topography enables the impact of the large volume of the Sports Hall to be minimised and would presents itself as a low single storey building, from views looking south from the academic precinct and Arts Centre. The ground level of the maintenance yard is at +27.00 (AOD), some 4m below the level of the existing tennis courts, +32.00 (AOD). The roof of the Sports Hall would not be significantly higher than the fencing to the tennis courts, and there would be no impediment to views from accommodation in the new academic precinct where the lowest floor level is +34.00 (AOD).

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The siting of the building uses existing levels so that its required double height volume can appear to be reduced by ensuring that three of its facades are embedded into the natural contours of the site. By dividing the buildings form into two elements: a base and an upper structure, the lower part responds to the natural topography with the upper part and roof referencing the existing formal landscape of the grounds of the Castle. The flat roof of the Sports Hall is designed with ‘green’ planting, to be seen arranged in a formal pattern when viewed from the upper levels of the College grounds as part of the pattern of establishing formal garden patterns within the natural landscape of St. Donats. The large roof footprint of the 4 court Sports Hall is conceived of as a ‘parterre’ design over the 4 courts, separated by linear strips of rooflights set down at the level of the ceiling to the Sports Hall. The planting to the parterres is sedum, to reduce maintenance and to keep the weight of the roof structure down and hence the overall height of the structure. The north end of the truss is canted so that the sedum to the main Sports Hall roof appears to bank down to the sedum parterre over the roof of the student cafe. The roof to the viewing gallery separating the Sports Hall and student cafe is finished in zinc with linear rooflights and gravel borders to the sedum. The vertical faces of the raised parterres over the main Sports Hall are clad in a grey/green rain screen cladding called ‘Oko Skin’ , which is stated is suited to use in a saline environment. The base to the walls to the Sports Hall is finished in stone, to bed the building into the landscape and to break down its apparent scale. The DAS states that local stone will be used. The upper planes of the wall are clad in grey/brown ‘Oko Skin’ rain screen, which has the appearance of natural wood. The east elevation, which is in the view line of the Castle from the coastal footpath, is animated with a glazed viewing gallery.

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It is accepted that the design and form of the building is distinctly contemporary. However, given the use of the building and its operational requirements as a sports hall, the overall scheme has cleverly utilised the topography of the site to integrate into the landscape, achieved by a design which reflects the grassed moats, turrets and stone walls which refer back to the original castle and the surrounding landscape form. The materials and finishes proposed are acceptable in principle, where the layered approach to the material and finishes reinforce the horizontal form of the building. Given the scale of the building, its success will be dependent on the prior approval of samples of all materials, by way of condition, particularly with regard to stone walling, and rain screen cladding, given the predominant use of these elements in the main building. Impact on adjacent Listed Buildings and the Registered Park and Gardens As set out above, one of the key considerations in relation to the siting of the building was to avoid harmful impact on the setting of existing buildings and wider estate of high architectural and historical significance. The redevelopment of this part of the site would have minimal impact on the setting of the adjacent Listed buildings, being largely screened due to the retention of the trees to the north of the Sports Hall, in addition to further compensatory planting (as considered below) Similarly for the reasons set out above, the area of the College estate which has already been developed is being utilised, minimising the impact of harm to gardens of special interest. Moreover the development presents an opportunity to relocate unsightly maintenance buildings & to improve key views from the Castle & Castle Gardens towards the existing maintenance yard. Impact on key views and from the Glamorgan Heritage Coast The location of the new Sports Hall will have a limited impact on key views from the Castle Gardens and from the Coastal Path. From the view from the Coastal path, being the only public viewpoint within the Glamorgan Heritage Coast, the new Sports Hall is seen in the foreground of a long view of St Donat’s Castle. The submitted illustration within the DAS demonstrates how the form of the Sports Hall sits within the topography of the site, whilst retaining the existing view of the Castle. Notably the scale of the east elevation, whilst visible in a long view from the Coastal path, has been broken down by setting the building into the slope, providing a stone base which beds it into the landscape and by an “animated” facade with a glazed viewing gallery Views from within the Castle Gardens of the Sports Hall will be limited due to the existing tree screen and the levels of the building. The principal views would only be of the roof scape of the building, which, as set out above, has been designed in a formal pattern (with Sedum) to echo the formal layout of the Castle Gardens.

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Impact on Trees and Landscaping The scheme as originally submitted proposed a large parking area on the existing grassed are between the maintenance building and the teaching block, to the east of the tennis courts. This area, by virtue of the number and tree species and its location next to an internal road, offers significant amenity value to this part of the College grounds and assists in screening the modern buildings and tennis courts, when viewed from the east (from the Coastal Path) and when viewed from the west and north, from with the Castle gardens. Whilst the scheme did not seek to removal all of the of the trees, some 22 trees were shown to be removed to accommodate the car park and associated access in addition it also led to the potential removal of a further 8 trees. The total number of trees to be removed would have had a detrimental impact on the amenity of the area, significantly opening up views of the modern buildings. Furthermore, the proposal would have been more prominent when viewed from the east and west, in particular with regard to opening up views of the site from St Donat’s Castle. Moreover it has been stated in a subsequent supporting letter that the car park would not be constructed until later phases of development within the college have taken place. On this basis it was agreed during the consideration of the application that the parking area would be omitted, in favour of a coach drop off area and 3 No. disable spaces. This amended scheme would not result in the removal of any trees within the area formally shown for car parking. The Council’s Tree Officer considers the trees originally shown to be removed as worthy of protection and is in the process of serving Tree Preservation Order. Whilst the removal of the original car park enables retention of all the trees covered by the TPO, concern was still raised that proposal could still impact on two protected trees (both sycamore) located adjacent to the sports hall, which are shown to be retained. A Tree Impacts Assessment & Method Statement was submitted to ascertain the potential impacts of the revised development proposals on the two trees. The submitted report includes a condition survey of each tree, which acknowledges that both trees are of a significant stature and would contribute to the screening of the new building by way of its contribution to the general mass effect of trees, however individually these two trees are of varying quality. In terms of the impact of the proposed building on these two trees, there is no conflict between the canopies of the two trees and the elements of the building that project above existing ground level at this point. The footprint of the lower levels of the sports hall does extend into the edge of the root protection area of one of the trees by about 1.6m. Whilst construction of the sports hall will require significant excavation at this point, the presence of underlying rock means that any excavation is likely to be near to vertical, minimising impact and spread into the root zone of either tree.

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The report states that it is anticipated that to construct the retaining wall forming this edge of the building excavation will need to extend about 1m beyond the wall of the building (subject to confirmation once a contractor is on board). Thus total excavation would extend about 2.6m into the RPA of T13 and about 700mm into that of T12. This incursion amounts to approximately 18% of the RPA for T13 and only about 4% of the RPA for T12. In compensation it will be possible to protect a wider RPA in other directions, maintaining the total RPA area. However the excavation would come to within about 2.6m of the base of one of the trees and the report acknowledges that should major structural roots be found within the extent of excavation, this may be considered too close to the tree to be certain of not compromising its structural stability. Whilst the above is clearly of concern, the preference is that this tree is retained and that an arboriculturist be present on site during any groundwork’s within the RPA of these two trees. If any that major structural roots are found within the extent of excavation, the Council’s Tree Officer shall be notified to inspect the tree and consider the impact on the tree and whether its removal is necessary. This requirement can be secured by way of condition. Consideration also needs to be given to the impact on providing access from the proposed terrace and main entrance to the sports hall to the disabled parking bays and the rest of the site. Any impact during the construction of these footways can be minimised using a no dig construction which can be required by way of condition. Whilst a number of trees still have to be felled to accommodate the Sports Hall, these have been subject to a separate Woodland Management Scheme with a felling licence issued by Natural Resources Wales (NRW). Whilst such a license does not override any requirements to retain trees under the planning system, 25 No. trees are to be removed (largely comprising of maples), which are nevertheless considered of lesser merit and as a whole their removal would not be detrimental to the character of the area. In order to comply with NERC duties (conserving biodiversity status), in the case of this site, compensatory tree planning has been requested to off-set the number of trees to be felled. The replacement trees are shown to be sited within the application site along the western boundary which will enhance the naturalistic screening of the site and the adjacent biomass boiler building of views from the adjacent gardens. Two further trees are proposed to be planted in excess of the number shown to be removed in the tree survey should the two protected trees identified above have to be removed as a result of the development.

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Further to the above a scheme of replacement tree planting will be requested by way of condition, and should include details of species, size at planting and scheme of aftercare. In addition given the proximity of the site to the protected trees and the other existing trees within the development site, full details of a scheme of tree protection shall be submitted prior to any works commencing and the agreed scheme shall be retained during the course of development. Other landscaping is proposed around the perimeter of the building, largely comprising of grass and low shrub planting. In particular the DAS makes reference to the wall loving climber species which are to be planted to encourage a natural look to develop, so that the base of the building will accrue a natural patina and be seen as part of the natural terrain. Full details of a scheme of landscaping shall be required by way of condition. Ecology As stated above, the approved scheme will require a scheme of compensatory tree planting in order to ensure no net loss of trees from within the site. Following confirmation of the scheme of compensatory planting and details showing levels of light spill, no objection has been received from the Ecologist. The application has been supported by a Bat Survey Report and an Extended Phase 1 Habitat Survey Report, prepared by Sylvan Ecology. Natural Resources Wales have agreed with the recommendation within the report and that these are implemented, which shall be required by condition. Archaeology Glamorgan Gwent Archaeological Trust has stated that the Castle in St. Donat’s has been continuously occupied since the early 12th Century. Moreover it is stated that the area of the proposed work is shown to overlie an historic field boundary which predates the tithe map of the parish. They have stated that it is likely that this feature may be encountered during ground works for the proposed development and have therefore recommended a condition requiring the applicant to appoint an archaeologist to conduct a watching brief. CONCLUSION The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

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Having regard to Strategic Policies POLICY 1 – The Environment, POLICY 2 – Sustainability POLICY 11 – Sport and Recreation, POLICY 14 – Community and Utility Services and Policies ENV1 – Development In The Countryside, ENV5 – Glamorgan Heritage Coast, ENV17 – Protection of Built and Historic Environment, ENV27 - Design of New Developments and TRAN10 – Parking the proposal is considered acceptable, subject to the compliance with conditions in terms of its siting, scale, design and materials and its impact on the adjacent Listed Buildings, Registered Historic Park and the Glamorgan Heritage Coast. Moreover the proposal will not adversely impact on existing natural landscape features within the site and will retain the bio diversity status of the site. RECOMMENDATION APPROVE subject to the following condition(s): 1. This consent shall relate to the plans registered on 1 October 2014 other

than where amended by plans reference AL(0)001 P4, AL(0)002 P4, AL(0)100 P4 and AL(0)223 P2 received on 28 October 2014 and plans reference AL(0)200 P9, AL(0)203 P9, AL(0)210 P2, AL(0)230 P4, AL(0)231 P4 and drawing View 1 P2 received on 5 November and plan reference AL(90)201 P4 received on 7 November 2014.


doubt as to the approved plans. 2. 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 laid down by the Institute of Field Archaeologists. The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of development on site of the name and address of the said archaeologist and no work shall commence on site until the Local Planning Authority has confirmed in writing that the proposed archaeologist is suitable. A copy of the watching brief 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, and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

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3. Full details of a scheme for driange in relation to foul surface water and

land drainage shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be fully implemented in accordance with the approved details.

Reason: To ensure appropriate foul and surface water drainage from the site and to

ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

4. Prior to the commencement of any works within the site, including site

clearance, a scheme providing for the fencing and protection of all trees to be retained within the site as identified under drawing ref. AL(90)201.P3 (except for the works within the root protection zone within trees T13 and T14 identified with the Tree Impacts Assessment & Method Statement). The submitted scheme shall include details of any excavations, site works, trenches, channels, pipes, services and areas of deposit of soil or waste or areas for storage and shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development. No development shall be commenced on site until the approved protection scheme has been implemented and the scheme of tree protection shall be so retained on site for the duration of development works.

Reason: In order to avoid damage to trees on or adjoining the site which are of

amenity value to the area and to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

5. During any excavation/groundwork's within the root protection area of trees

T13 and T14 identified under drawing ref. AL(90)201.P3, an arboriculturist shall monitor and supervise all works within the root protection area of the identified trees and shall notify the Councils Tree Officer immediately if any major structural roots are found within any excavation. The Councils Tree Officer will then inspect the site and confirm in writing whether the identified tree can be removed or whether remedial works are required to maintain the health of the tree.

Reason: In order to ensure the two identified trees are protected and safeguard in

the interests of visual amenity and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

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6. Details of a scheme of hard and soft landscaping shall be submitted to the

Local Planning Authority for their approval in writing and the scheme shall be implemented prior to the first beneficial use of the building hereby approved.


terms of Policies ENV11 and ENV27 of the Unitary Development Plan. 7. Notwithstanding the submitted plans, a tree planting scheme shall be

submitted to and approved in writing by the Local Planning Authority which shall including the provision of no less than 27 No. replacement trees, including their species, size at planting and a scheme for the long term maintenance of the trees.


terms of Policy ENV27 of the Unitary Development Plan. 8. All planting, seeding or turfing comprised in the approved details of

landscaping as agreed under Conditions 6 an 7 shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure satisfactory maintenance of the landscaped area to ensure

compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

9. The scheme hereby approved shall be implemented in full accordance with

all of the recommendations set out within the Extended Phase 1 Habitat Survey Report and the Bat Survey Report.

Reason: To ensure the conservation of European Protected Species at the site and

to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

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10. Prior to the commencement of development, details of the finished levels of

the building and the site in relation to existing ground levels, both within and adjacent to the site, shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

Reason: To ensure that the amenities of the area are safeguarded, and to ensure

the development accords with Policy ENV27 of the Unitary Development Plan.

11. Prior to the commencement of development full details of any retaining

walls and associated structures shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason: To ensure that the visual amenities of the area are safeguarded and to

ensure compliance with Policy ENV27 of the Unitary Development Plan. 12. Prior to the commencement of the construction of any stonework, details,

including a sample panel, of the proposed stonework and detail of the mortar type and pointing, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason: To ensure that the visual amenities of the area are safeguarded and to

ensure compliance with Policy ENV27 of the Unitary Development Plan. 13. Prior to their use in the construction of the development hereby approved, a

schedule of the proposed materials to be used, including samples, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development and to ensure

compliance with Policy ENV27 of the Unitary Development Plan. 14. Prior to its construction, further details of the proposed roof, to a scale of

1:50 to include details and construction specifications of the sedum roof, rain screen cladding and PV panels, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

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Reason: To ensure a satisfactory standard of development and to ensure

compliance with Policy ENV27 of the Unitary Development Plan. NOTE: 1. The applicant shall be advised that if any controlled waste is to be

removed off-site, the site operator must ensure as registered waste carrier is used to convey waste material to a suitable permitted facility. If any waste is to be used on the site, the applicant will be required to obtain the appropriate waste exemption or permit from Natural Resources Wales.

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter. In addition, any conditions that the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition). The commencement of development without firstly meeting in full the terms of any conditions that require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action. Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

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Documents

Planning Committee 20 11 2014 Reports - Vale of Glamorgan · 11/20/2014 · PLANNING COMMITTEE : 20 NOVEMBER 2014 REPORT OF THE DIRECTOR OF DEVELOPMENT SERVICES 3. PLANNING APPLICATIONS