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PLANNING COMMITTEE

 

Minutes of a meeting held on 21st October, 2010.

 

Present:  Councillor H.J.W. James (Chairman); Councillor J.C. Bird (Vice-Chairman); Councillors R.J. Bertin, Mrs. M.E.J. Birch, Ms. B.E. Brooks, P. Church, A.M. Ernest, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, N.P. Hodges, F.T. Johnson, Mrs. M. Kelly Owen, Mrs. A.J. Preston, R.P. Thomas, M.R. Wilson and Ms. M. Wright.

 

 

566     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Mrs. V.L. Ellis and Mrs. M.R. Wilkinson.

 

 

567     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 30th September, 2010 be approved as a correct record.

 

 

568     DECLARATIONS OF INTEREST -

 

The following Councillors declared an interest and left the room whilst the matter was under consideration:

 

Councillor P. Church

Agenda Item 13 - Planning Application Nos. 2010/00387/RG3 and 2010/00966/RG3 - Cabinet Member

Councillor A.M. Ernest

Agenda Item 13 - Planning Application Nos. 2010/00387/RG3 and 2010/00966/RG3 - Cabinet Member

Councillor A.D. Hampton

Agenda Item 13 - Planning Application Nos. 2010/00387/RG3 and 2010/00966/RG3 - Cabinet Member.

 

 

569     PLANNING SUB-COMMITTEE (PUBLIC RIGHTS OF WAY) -

 

The minutes of the above Sub-Committee held on 15th September 2010 were received.

 

Present:  Councillor H.J.W. James (Chairman); Councillor J.C. Bird (Vice-Chairman); Councillors A.D. Hampton, K. Hatton and F.T. Johnson.

 

Also present: Councillors Mrs. M.E.J. Birch, Mrs. M. Kelly Owen, G.C. Kemp and A.C. Williams together with 10 interested parties.

 

 

Also in attendance:

 

Mrs. T. Alexander and Mrs. B. Jones, Applicants.

 

 

A copy of the procedure to be followed in the determination of applications under Section 53 of the Wildlife and Countryside Act 1981 had been distributed with the agenda for the meeting.

 

 

(a)       Declarations of Interest -

 

No declarations were received.

 

 

(b)       Minutes -

 

RESOLVED - T H A T the minutes of the meetings of the Planning Sub-Committee (Public Rights of Way) held on 28th June and 1st July 2010 be approved as accurate records. 

 

 

(c)        Applications for Modification of Definitive Map and Statement Wildlife and Countryside Act 1981 S53(3)(b) and S53(3)(c)(i) Cwrt-y-Vil Playing Fields (DEER) -

 

The Sub-Committee considered a claim that routes running from “Dinas Road via St. Martins Close to Cwrt-y-Vil Playing Fields … to Old Penarthians Rugby Club, to Purcell Road (and back) (Route 1), to Beechwood Drive (and back) (Route 2), taking a circular route around (the) perimeter of the field back to St. Martins Close (Route 3)” were Public Footpaths and should be recorded as such in the Definitive Map and Statement. 

 

The Sub-Committee received a report which set out the relevant evidence and legal tests, including weight that could be given to that evidence, pursuant to informing a determination on whether or not to make a Definite Map Modification Order (DMMO). 

 

Prior to the commencement of formal business, the Chairman asked all parties to introduce themselves, and reminded all present that the procedure that would be followed at the meeting would be as per the Procedure Note which had been distributed with the agenda for the meeting. 

 

The Chairman announced that it was his intention to afford one of the Applicants and one of the interested parties a period of 5 minutes to address the Sub-Committee. 

 

Mrs. T. Alexander, on behalf of the Applicants, stated that she was a local resident and had used the footpath historically.

 

-                      The application had been submitted as a result of a proposal to erect a fence. 

-                      It seemed that usage had been acknowledged.

-                      By way of argument against the recommendations as contained within the reports, Mrs. Alexander advised the Sub-Committee that Cardiff Council had been involved in a similar situation involving Rumney Playing Fields but had chosen not to exercise its powers.

-                      Mrs. Alexander stated that she had only accessed the report four days ago.

-                      The report draws comparisons with other cases involving Local Authorities i.e. R (Beresford) v Sunderland City Council.  Mrs. Alexander stated that, in her view, the circumstances of the Beresford case were different from the application relating to Cwrt-y-Vil Playing Fields. 

-                      Mrs. Alexander asked the Public Rights of Way Officer to clarify the meaning of paragraph 2.36 of the report in that the paragraph placed undue weight on the Open Spaces Act 1906 whereas Mrs. Alexander’s interpretation was that the Beresford case referred to Village Greens. 

-                      Mrs. Alexander had only at this stage received documents which had not been submitted to the Committee dating as far back as 1934 which would have supported her case.

-                      The concept of Nec Precario could not be used in considering this application. The existence of a grass verge at the Cwrt-y-Vil Playing Fields suggested that there was a wider use.

-                      The Cwrt-y-Vil Playing Fields have several uses, not just use as recreational land.

-                      CardiffCouncil had granted Rights of Way status in similar cases.

-                      Mrs. Alexander asked the Sub-Committee if it would investigate the Application further.

 

Mr. G. Wilson, on behalf of the interested parties, stated that his evidence against the Application was as contained in the bundle of papers before the Sub-Committee.  Mr. Wilson stated that he did not want to prevent the public from using the land.  His concern was vandalism.  Whilst not pretending to understand the legal arguments as contained in the bundle of papers, Mr. Wilson accepted the report’s conclusions. 

 

The Sub-Committee considered the contents of the Investigation Report which covered the following subject areas:

 

·                    aim of report

·                    legal framework

·                    landowner notification

·                    background

·                    user evidence

·                    documentary evidence

·                    consultations

·                    case assessment

·                    conclusions

·                    recommendation.

 

The Chairman offered an opportunity to the Members of the Sub-Committee to ask any questions.

 

The Chairman enquired if the Rights of Way Officer or the Legal Officer wished to refer to any particular points, but no issues were raised.

 

Prior to the Members of the Sub-Committee retiring to consider the Application, Councillor Mrs. M.E.J. Birch asked that it be placed on record that she did not agree with some of the comments attributed to her as contained within the Addendum to the documents which had been considered by the Sub-Committee. 

 

The Members then retired to consider the Application in private.

 

Sub-Committee decision

 

The Members of the Sub-Committee, having carefully considered the evidence before them, the report and recommendation of the Public Rights of Way Officer, unanimously

 

RESOLVED - To uphold the recommendation in the report, namely that no Modification Order be made in respect of the Application. 

 

Reason for decision

 

The nature of the use demonstrated did not appear to have been “as of right” which is required for a claim to be successful.  Instead, use appeared to have been by licence or permission and did not satisfy the nec precario component which had the effect of barring a presumption of dedication.

 

---------------

 

A brief discussion took place on the accuracy of the above minutes with Councillor Mrs. Birch indicting that there was no reference made in the minutes in regard to the Sub-Committee’s alleged concession that there appeared to be a right of way over the land concerned but not defined on the public rights of way definitive map.  In response, the Chairman indicated that he had been satisfied along with the other Sub-Committee Members that regardless to the period of access over the land which was in ownership of the Council this did not automatically grant a right of way.  Whilst Mrs. Birch’s comments at that time had been noted they however had not been conceded by the Sub-Committee.

 

RESOLVED - T H A T the contents of the minutes be noted.

 

 

 

570     HISTORIC ENVIRONMENT RECORDS: DRAFT GUIDANCE FOR LOCAL AUTHORITIES (REF) -

 

Cabinet had received a report at its meeting held on 29th September, 2010 which:

 

·                    informed of the Cadw consultation on 'Historic Environment Records: draft guidance for local authorities'

·                    sought approval of the Council's formal response to the consultation document, a copy of which was attached at Appendix A to the report.

 

Part 5 of the Heritage Protection Bill proposed a legislative duty on local planning authorities to create and keep up to date a Historic Environment Record (HER).  Whilst Parliamentary time had not been found to read the Bill, Cadw remained committed to placing local authorities under a duty to prepare HERs. 

 

HERs were intended to provide access to information relating to the historic environment for public benefit and use.  The four principal HERs in Wales were the direct descendants of the Sites and Monuments Records established in the 1970s by the four Archaeological Trusts in Wales to assist their own work programmes and in response to the lack of archaeological information available to owners, developers and planners and the consequent loss of archaeological remains through urban and rural developments. 

 

The Glamorgan and Gwent Archaeological Trust (GGAT) had prepared the Vale of Glamorgan's HER. 

 

The draft guidance advised that GGAT created the HER in 2008 and continued to manage and maintain it.  It was noted that no consultation had been carried out with the Council regarding the contents of the HER.  The draft Guidance also advised that Cadw still intended to place a duty on local planning authorities to prepare and maintain a HER.  They also intended making a provision for local authorities to outsource all of their functions under this duty to another provider (such as GGAT) by means of a Memorandum of Understanding or Service Level Agreement. 

 

Furthermore, Cadw's intention was that, although the HER functions may be exercised by a third party, responsibility for what was done (or not done) remained with the authority, so that 'democratic accountability and normal public law remedies would be preserved'.  The Council's most recent Memorandum of Understanding with GGAT stated that 'the Regional Historic Environment Record is owned by the GGAT HER Charitable Trust and incorporated data that should only be used on accord with the terms and conditions of access.'  This placed the Council in a position where it was responsible for the maintenance of the HER without retaining ownership of the information. 

 

The draft Guidance advised 'the standards and service levels of the four regional HERs are monitored on behalf of the Welsh Assembly Government by RCAHMW' (Royal Commission on the Ancient and Historic Monuments in Wales).  Whilst they were not statutory, it was noted that HERs were recognised by Planning Policy Wales and as successors to SMRs had an intrinsic link to spatial planning.  They were relied upon to inform the Council and public on archaeological matters. 

 

Should a statutory duty be placed on the Council to prepare and maintain an HER there were effectively two options open to the Council - to prepare and maintain an HER itself, or to outsource the HER to a suitable outside body (such as GGAT or another service provider). 

 

Cabinet's attention was drawn to a letter which had been sent to the Council by GGAT, dated 3rd June, 2010, which advised of potential issues relating to its financial stability as a result of an ongoing VAT issue with H.M. Revenue and Customs.  The letter advised that should GGAT be found liable for a potentially large VAT bill it would become unviable with a suitable body to undertake its work unlikely to be found.

 

Cabinet would be kept informed of any developments with regards to GGATs viability.

 

Cabinet had resolved

 

(1)       That the response to Cadw (attached at Appendix A to the report) be approved as the Council's formal response to the consultation on the Guidance.

 

(2)       That a copy of the report be presented to Planning Committee for information.

 

Reasons for decisions

 

(1)       To provide the Council's comments to Cadw by 8th October, 2010.

 

(2)       To ensure that Planning Committee is informed of the publication of the consultation on the draft Guidance.

 

Having considered the decision of Cabinet it was

 

RESOLVED - T H A T the resolution of Cabinet be endorsed.

 

 

571     OLD PLACE, CASTLE STREET, LLANTWIT MAJOR: DRAFT PLANNING BRIEF (REF) -

 

Cabinet, at its meeting held on 29th September, 2010, had given consideration to the above draft Planning Brief, a copy of which was attached to the report.  It was noted that the Brief had been prepared for the following reasons:

 

·                    to provide guidance to prospective purchasers in terms of the reuse and repair of the site

·                    to establish principles to be followed by the Council in the process of disposal.

 

Agreement to the marketing and sale of Old Place had previously been granted at Cabinet on 16th February, 2005 and 18th January, 2006.  A later report to Cabinet in October 2006 had provided an update on progress with the disposal.  In summary, it was advised that following consultation under Section 30(2) of the Ancient Monuments and Archaeological Areas Act 1979, Cadw had expressed concern over the sale of a nationally significant monument in public ownership without a better understanding of the prospects for repair and associated, updates costs.  For this reason, it had been resolved to withdraw the property from auction. 

 

With the benefit of an 80% grant, the original survey of the monument had now been updated, together with a prediction of the associated costs of repair.  The survey of the site had included a biodiversity assessment and had involved extensive clearance of vegetation to allow access for the survey of the ruins to take place. 

 

Discussions with Cadw regarding the future of the monument had concentrated on a range of options, i.e.

 

·                         'do nothing'

·                         undertake intermediate repair

·                         consolidate into an accessible ruin

·                         sale with an agreed Development Brief.

 

In consideration of each option, the first was not realistic in view of the high cost involved to the Council of supervising the site and maintaining the boundary fencing.  There remained a major risk to trespassers from falling masonry or structural failure of the ruinous walls.  In respect of the second and third options, it had been recognised that the costs identified would be prohibitively expensive for the Council to consider or for Cadw to give financial support by means of grant aid. 

 

Given these conclusions, Cadw was satisfied that the Council had up to date information on the condition of the monument and had considered the options available to it.  Therefore, it had agreed to the forth option, a planned disposal based upon a Brief. 

The draft Brief was attached at Appendix 1 to the report, and contained the following:

 

·                         a site description

·                         the history of the site and background to the proposed sale

·                         the condition of the building

·                         status of protection

·                         planning policy

·                         guidance on prospective repair and reuse

·                         advice on submissions for statutory consent

·                         prospective sources of grant aid.

 

It was noted that strict constraints applied in terms of planning policy in terms of the location of the site in the 'countryside' where there was a strong presumption against new development.  The reuse of the Monument was also constrained by its scheduled and listed status.  The Brief, therefore, proposed that the buildings be reused for not more than one dwelling with the potential for secondary, subservient accommodation (e.g. for elderly parents, office use / home working) or annexes.

 

Cabinet had resolved

 

(1)       the contents of the Brief be approved as a basis for the disposal, repair and reuse of the building

 

(2)       the process to be followed in the disposal, as described in Appendix A to the Brief, be approved.

 

(3)       T H A T a further report be brought before Cabinet outlining the procedures to be followed in marketing the site.

 

Reasons for decisions

 

(1)       To assist in the disposal of the site and in order to provide suitable guidance on the Council's requirements for the repair and reuse of the building which is recognised as being of national importance in terms of its designation as a scheduled ancient monument and listed building.

 

(2)       To ensure that the site is sold to an interest with appropriate credentials to undertake the repair of the Monument in accordance with the strict requirements of the Brief and associated legislation.

 

(3)       To advise on the procedures to be followed in the marketing of the site.

 

Having considered the decision of Cabinet it was

 

RESOLVED - T H A T the resolutions of Cabinet be endorsed.

 

 

572     SITE INSPECTIONS (DLPPHS) -

 

RESOLVED - T H A T the attendance of the following Councillors at the sites indicated below on 30th September 2010 be noted:

 

Apologies for absence were received from Councillors R.J. Bertin and Mrs. M. Kelly Owen, Councillors G.A. Cox (Site (b)), Mrs. V.L. Ellis (site (a)) and Councillor Mrs. A.J. Preston (Sites (b) and (d)).

 

(a)    27 Seaview Drive, Ogmore-by-Sea

Councillor H.J.W. James (Chairman); Councillor J.C. Bird (Vice-Chairman); Councillors P. Church, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey and Mrs. A.J. Preston.

(b)    Argoed Isha Quarry, Llansannor

Councillor H.J.W. James (Chairman); Councillor J.C. Bird (Vice-Chairman); Councillors P. Church, Mrs. V.L. Ellis, E. Hacker, A.D. Hampton and Mrs. V.M. Hartrey.

(c)     Land at Cog Moors, Cardiff Road, Dinas Powys

Councillor H.J.W. James (Chairman); Councillor J.C. Bird (Vice-Chairman);

Councillors P. Church, Mrs. V.L. Ellis, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey and Mrs. A.J. Preston.

(d)    24 Kingsland Crescent, Barry

Councillor H.J.W. James (Chairman); Councillor J.C. Bird (Vice-Chairman);

Councillors P. Church, Mrs. V.L. Ellis, C.J.P. Elmore, E. Hacker, A.D. Hampton and Mrs. V.M. Hartrey.

 

 

573     BUILDING REGULATION APPLICATIONS AND OTHER BUILDING CONTROL MATTERS DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS (DEER) -

 

RESOLVED -

 

(1)       T H A T the determination of Building Regulation Applications as listed in the report be noted.

 

(2)       T H A T the service of Notices under the Building (Approved Inspectors Etc.) Regulations 2000 as listed in the report be noted.

 

 

574     PLANNING APPLICATION S DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS (DEER) -

 

RESOLVED - T H A T the report on the following applications determined under Delegated Powers be noted:

 

Decision Codes

 

A    -    Approved

C    -    Unclear if permitted (PN)

EB      EIA (Scoping) Further information 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)

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

 

2010/00393/FUL

 

A

 

Brynheulog, Llangan

 

Alteration and extension of existing building.

 

 

2010/00660/FUL

 

A

 

Fferm Goch Bungalow, Llangan

 

Proposed two storey extension and loft conversion to provide additional accommodation.  Internal alterations to existing roof of house and garage (amendments to 2008/00806/FUL).

 

 

2010/00713/FUL

 

R

 

99, Boverton Road, Llantwit Major

 

Construction of first floor bedroom above existing single storey garage, with new internal stair access.

 

 

2010/00717/FUL

 

A

 

25, Wesley Avenue, Rhoose

 

Replacement conservatory.

 

 

2010/00733/FUL

 

A

 

22, Maes Glas, Barry

 

To extend to rear of dwelling new sun lounge and to side of dwelling utility room including internal alterations to construct new detached playroom to side of dwelling

 

 

2010/00737/FUL

 

A

 

Land between 34 and 35 High Street and 106 and 107 Queen Street, Barry

 

Development of seven residential units at land between 34 and 35 High Street and 106 and 107 Queen Street, Barry.

 

 

2010/00790/FUL

 

A

 

The Chantry, Flemingston

 

Replacement of existing rooflights with dormer windows, New balcony above kitchen. Replacement of existing concrete roof tiles with slate.

 

 

2010/00791/FUL

 

A

 

Cosmeston House, Lavernock Road, Penarth

 

Single storey double garage / garden store.

 

 

2010/00797/LAW

 

R

 

18, Dannog Y Coed, Barry

 

Erection of single storey rear extension and alterations to existing garage entrance doors.

 

 

2010/00798/FUL

 

R

 

Ty Carrig Eglwys, Church Street, Wick

 

Rear single storey extension and side first floor extension.

 

 

2010/00800/FUL

 

A

 

Lawn Cottage, Ystradowen, Cowbridge

 

Amendments to Planning Permission 2009/01333/FUL including proposed cantilevered balcony to rear elevation and alterations to window on east side.

 

 

2010/00803/FUL

 

A

 

1, Sunnycroft Lane, Dinas Powys

 

Single storey side extension, bay window, new window to first floor and conservatory to rear.

 

 

2010/00804/FUL

 

A

 

37, Clos Cradog, Penarth

 

Conservatory to rear of property.

 

 

2010/00806/FUL

 

R

 

25, Samson Street, Llantwit Major

 

Double storey side extension.

 

 

2010/00809/FUL

 

A

 

159, Barry Road, Barry

 

Conversion of 159 (formerly hairdressing salon) and 159a (formerly maisonette) into single dwelling.

 

 

2010/00810/FUL

 

A

 

15, Powys Drive, Dinas Powys

 

Rear UPVC conservatory.

 

 

2010/00811/FUL

 

A

 

39, Augusta Crescent, Penarth

 

Proposed dormers to existing loft conversion.

 

 

2010/00818/FUL

 

A

 

50, Clive Place, Penarth

 

Installation of solar panels.

 

 

2010/00839/FUL

 

A

 

Bella Vista Care Home, 106-108, Tynewydd Road, Barry

 

Resiting kitchen area into existing store room adjoining laundry.

 

 

2010/00848/FUL

 

A

 

Pen Yr Heol Cottage, St. Mary Church

 

Creation of new vehicular access and access gate.

 

 

2010/00866/ADV

 

A

 

The Works, 110, Holton Road, Barry

 

1 no. illuminated fascia sign; and 1 no. illuminated projecting sign.

 

 

2010/00884/FUL

 

A

 

15, Tair Gwaun, Penarth

 

Proposed dining/living room extension to the rear of existing dwelling.

 

 

2010/00890/FUL

 

A

 

26, Heol Yr Ysgol, St. Brides Major

 

Extensions to side, rear and roof.

 

 

2010/00895/FUL

 

A

 

84, Queens Road, Penarth

 

Removal of part of rear annex pitched roof to form external sitting area.

 

 

2010/00898/FUL

 

A

 

10, Crescent Close, Cowbridge

 

Conservatory to rear elevation.

 

 

2010/00918/OBS

 

N

 

Land at Horsefair Road Industrial Estate, Bridgend

 

New office block, change of use for open storage and container rental storage and alter existing access road.

 

 

2009/00949/OBS

 

P

 

Island Farm, Bridgend

 

New Development mixed use sport, leisure, commercial offices (REF P/08/14444/OUT).

 

 

2010/00391/FUL

 

A

 

Plot 1, West Street, Llantwit Major

 

Proposed detached dwelling.

 

 

2010/00599/FUL

 

A

 

41, Gwenfo Drive, Wenvoe

 

Alterations to application 2009/00904/FUL - Extend width of two storey side extension only.

 

 

2010/00615/FUL

 

R

 

Lyndongrove, Llanblethian

 

Retrospective application for retention of foaling block.

 

 

2010/00805/FUL

 

A

 

18, Purcell Road, Penarth

 

Proposed two storey and single storey extensions to rear of property.

 

 

2010/00812/FUL

 

A

 

Gwynfa, David Street, Wick

 

Proposed demolition of existing dwelling and erection of new four bedroom detached dwelling and garage.

 

 

2010/00821/FUL

 

A

 

Rachwen, Ewenny Road, St Brides Major

 

Single storey rear extension, raising of roof over existing side elevation and widening of existing access to the property.

 

 

2010/00823/FUL

 

A

 

Land at Frampton situated off Cowbridge Road below the level of B4265 Llantwit Major By-pass

 

Construction of a 40 X 20m all weather riding/training ménage for private use.

 

 

2010/00826/FUL

 

A

 

25, Lakin Drive, Barry

 

Porches to front and rear.

 

 

2010/00828/FUL

 

A

 

Baytree House, Llanbethery

 

Proposed extension to existing garage and proposed part first floor extension to form 'granny annexe'.

 

 

2010/00830/FUL

 

R

 

13, Pardoe Crescent, Barry

 

Construct a new 4 bedroom house on the eastern side of the plot with separate off road parking and gardens. The new house to be set back behind the current building line and set down the slope of the plot to minimise impact on surrounding houses.

 

 

2010/00838/ADV

 

R

 

Lidl UK Gmbh, Cennin Pedr, Barry

 

Erection of illuminated sign in connection with Lidl store upon 7 metre high flagpole.

 

 

2010/00840/FUL

 

A

 

Timbers, 10, Castle Precinct, Llandough

 

Removal of existing conservatory and construction of new garden room to the rear of the dwelling.

 

 

2010/00843/FUL

 

A

 

Bay View Lodge, 26, Porthkerry Road, Rhoose

 

Proposed change of use from hotel/guest house (C1) to care home (C2).

 

 

2010/00844/FUL

 

A

 

Keepers House, Church Street, Llysworney

 

Proposed extension and refurbishment of existing dwelling.

 

 

2010/00861/LAW

 

A

 

17, Conybeare Road, Sully, Penarth

 

Erection of a car port.

 

 

2010/00869/FUL

 

A

 

The Croft, Siginstone

 

Proposed conservatory to rear and retention of existing window with Juliet balcony.

 

 

2010/00871/FUL

 

A

 

35, Cedar Way, Penarth

 

Single storey dining room extension to rear and porch extension to front of dwelling.

 

 

2010/00883/FUL

 

A

 

Park Hotel, Park Crescent, Barry

 

Retrospective planning application for a 5000mm long x 3300mm wide x 2400mm high to eves Smoking Shelter to the back of the Park Public House .

 

 

2010/00891/FUL

 

A

 

17b, Plas St. Pol De Leon, Penarth Marina

 

Change of use from business use back to residential use (internal conversion only).

 

 

2010/00897/FUL

 

A

 

33, Coldbrook Road East, Barry

 

Single storey extension to rear of property.

 

 

2008/00997/FUL

 

A

 

6, Ty Verlon Industrial Estate, Cardiff Road, Barry

 

2 no. class B2 general industrial units and relocation of existing oil storage tanks.

 

 

2010/00774/FUL

 

A

 

Land at 22, Sycamore Crescent, Barry

 

Erection of a detached dormer bungalow.

 

 

2010/00822/FUL

 

A

 

14, Winsford Road, Sully

 

Proposed pitch roof to replace existing flat roof to front porch.

 

 

2010/00841/FUL

 

A

 

Matiana, Main Road, Ogmore by Sea

 

Alterations to existing fenestration of the property.

 

 

2010/00851/FUL

 

A

 

37-39, High Street, Barry

 

Change of use from doctors surgery to offices (B1).

 

 

2010/00852/FUL

 

A

 

12, Leoline Close, Cowbridge

 

First floor dormer extension to increase the size of bedroom 4.

 

 

2010/00853/FUL

 

A

 

7, Dryden Road, Penarth

 

Single and two storey extension to side and rear, loft conversion that includes dormer on rear elevation, change of roof hip to gable, formation of parking space to front .

 

 

2010/00858/FUL

 

A

 

San Marco House, Craig Yr Eos Road, Ogmore By Sea

 

Single storey extension to front of property (amendments to application 2010/00190/FUL).

 

 

2010/00863/FUL

 

A

 

54, Brockhill Way, Penarth

 

Extension to existing detached garage to form study.

 

 

2010/00868/FUL

 

R

 

New Barn Farm, New Barn, Flemingston

 

Convert existing building into a summer house with toilet facility.

 

 

2010/00877/FUL

 

A

 

The Carpenters Arms, Eglwys Brewis

 

Change of use of part of public house into dwelling house, to form part of Carpenters Arms.

 

 

2010/00888/FUL

 

A

 

Comet, Unit E, Valegate Retail Park, Culverhouse Cross, Cardiff

 

New display window to the front elevation, next to customer entrance (retrospective consent).

 

 

2010/00892/FUL

 

A

 

18, Cardigan Crescent, Llantwit Major

 

New extension to living room, conversion of garage to new front lounge and conservatory to the rear.

 

 

2010/00894/FUL

 

A

 

76, Port Road East, Barry

 

Single storey extension and alteration to roof to provide attic rooms.

 

 

2010/00909/FUL

 

A

 

69, Boverton Road, Llantwit Major

 

Proposed demolition of existing conservatory and replacement single storey lounge extension to the rear.

 

 

2010/00922/FUL

 

A

 

66, Lavernock Road, Penarth

 

Demolition of existing garage and covered walkway. Construction of new garage and ground floor extension.

 

 

2010/00930/FUL

 

A

 

38, Sully Terrace, Penarth

 

Demolition of a single storey extension and the construction of a new single storey extension.

 

 

2010/00931/FUL

 

A

 

40, Llanmaes Road, Llantwit Major

 

Conservatory to the rear of the house and construction of single storey garage and dining room side extension.

 

 

2010/00932/FUL

 

A

 

31, Cambourne Close, Barry

 

Rear extension to bungalow - Amendment to approval 2010/00478/FUL, to include additional obscurely glazed window.

 

 

2010/00935/FUL

 

A

 

12, Cwrt Edward, Barry

 

Erect a pvcu conservatory to rear of property.

 

 

2010/00936/FUL

 

A

 

10, Osprey Close, Lavernock

 

Rear and side single storey extension, providing disabled bathroom and level thresholds with wheel chair access doorways.

 

 

           

 

 

575     APPEALS (DEER) -

 

RESOLVED -

 

(1)       T H A T the list of Appeals received and decisions concerning Appeals arising from the refusal of the Council to grant planning permission as detailed in the report be noted.

 

(2)       T H A T the statistics relating to Appeals for the period April 2010 to March 2011 as detailed in the report be noted.

 

 

576     TREES (DEER) -

 

(i)         Delegated Powers -

 

RESOLVED - T H A T the following applications determined by the Director under Delegated Powers be noted:

 

Decision Codes

 

A    -    Approved

E         Split Decision

 

R    -    Refused

 

2010/00787/TPO

 

A

 

1, Church Hill Close, Llanblethian

 

Dismantle Silver Birch in sections

 

2010/00856/TCA

 

A

 

Tregolan, Bradford Place, Penarth

 

Fell three Sycamore trees in front garden

 

2010/00857/TCA

 

A

 

Horsecroft Barn, Old Wick Road, Llantwit Major

 

Reduce the crown of 3 Ash trees

 

2010/00859/TPO

 

A

 

Pendoylan Church, Pendoylan

 

Decrease off-set weight of Yew T4 over road by approx 25%; Raise crown up to 2.5 metres from ground level at base of Beech.

 

2010/01000/TPO

 

A

 

Land at The Grange, Wenvoe (1) and Alexandra Park, Penarth (2)

 

(1) Remove three Horse Chestnut trees

(2) Remove an Ash and Scots Pine alongside Beach Rd, Scots Pine nr War Memorial needs large limb removed and a Scots Pine alongside pumphouse off Bridgeman Rd needs overhanging limb removed

 

2010/00882/TCA

 

A

 

La Grange, Drope Road, St. Georges-Super-Ely

 

Remove four trees from garden boundary

 

         

 

 

577     GENERAL PLANNING MATTERS (BARRY AREA) (PROHIBITION OF ACCESS) (ALLEYGATING: TIDY TOWNS) (PROPOSED ORDER 2010) (DEER) -

 

Approval was sought to create a Traffic Regulation Order to facilitate a further extension of the Alley Gates project using funding provided by the Tidy Towns Initiative.  The proposed location for the further extension of the scheme were set out in plan nos. TO/TT/BM/01, 02 and 03.  The effect of the proposed Order would be to restrict the use of the lanes identified within the plans to all but “authorised persons” as determined by the said Order.  It was noted that authorised persons would be in possession of pass keys issued and controlled by appointed officers and would include members of the emergency services and public utilities.

 

RESOLVED -

 

(1)       T H A T, subject to the views of the Chief Constable and other representative organisations of road users, Members resolve to give public notice of the Council’s intention to make a Traffic Regulation Order under Section 1 of the Road Traffic Regulation Act 1984, the effect of which will be to prohibit access to those lanes detailed in Plan Nos. TT/TT/BM/01, 02 and 03.

 

(2)       T H A T in the event of no objections being received, the Order is made.

 

Reasons for decisions

 

(1)       To ensure that consultations and public notice are given as required by the Local Authorities Traffic Orders (Procedure) (England and Wales) Regulations 1996 when making a Traffic Regulations Order.

 

(2)       To ensure that Traffic Regulation Orders made obsolete by the Alley gating project are appropriately revoked / varied.

 

 

578     PLANNING APPLICATIONS (DEER) -

 

Having considered the applications for planning permission and, where necessary, the observations of the interested parties,

 

RESOLVED - T H A T in pursuance of powers delegated to the Committee, the following applications be determined as indicated and any other necessary action taken.

 

2010/00386/FUL      Received on 16 April 2010

(P. 30)

Harmers Limited, 39, Lambourne Crescent, Cardiff Business Park, Llanishen, Cardiff., CF14 5GG

Mr. Reginald Forse, Caravan adjacent to 53, Laura Street, Barry, Vale of Glamorgan., CF63 2ND

 

Land at Cog Moors, Cardiff Road, Dinas Powys

 

Retention of engineering works which include the raising of the ground levels by deposit of recycled stone and tarmac plainings. Erection of a barn for hay storage and horses feed and flooding offset works by reduction of the ground levels on land

 

DEFERRED - for further negotiations. Officers should seek an amended scheme with a building not more than 8m x 4m footprint, and half the length of the raised access track (projecting in to the land no further than the Welsh Water pipeline shown on the previously submitted plan).

 

2010/00619/OUT     Received on 16 June 2010

(P. 45)

Mr. Nigel Phillips, R.E. Phillips & Partners, 23a, Goldtops, Newport, Gwent, NP20 4UL

Powell Dobson Urbanists, Mr. Mark Farrar, Charterhouse, Links Business Park, St. Mellons, Cardiff, CF3 0LT

 

Hayes Road, Sully

 

Employment development (outline)

 

RESOLVED - T HA T subject to the relevant person(s) first entering into a Section 106 Legal Agreement or undertaking to include the following necessary planning obligations:

 

·                    To cover the cost of administering and implementing new Traffic

·                    Regulatory Orders (TROs) along both sides of Hayes Road for the entire frontage of the site to Sully Moors roundabout and along the proposed junction radii serving the site for a distance to be agreed prohibiting the waiting of vehicles at any time (Double Yellow Lines) in order to maintain the required vision splays being obstructed by vehicles parking along Hayes road or within the immediate vicinity of the proposed accesses to the site in the interest of highway / public safety.

·                    To provide sustainable transport facilities in the vicinity of the site as follows:

-                      Provision of a shared cycle / footway along the entire site frontage (minimum 3.5m width) on the southern side of Hayes Road.

-                      Upgrade the existing footway on the northern side of Hayes Road to provide a shared cycle / footway (minimum 3.5m width) from the site east to Sully Moors Road, to meet the existing shared cycle / footway on the eastern side (approximately 500m in length). All street lighting, signage and furniture to be moved / replaced where necessary and replanting scheme for trees affected.

-                      Provide a pedestrian / cycle friendly crossing point on Hayes Road near the site as indicated on plan ‘3140.002 B’.

-                      Provide 2 No. bus shelters on Hayes Road by application site, 1 either side of the road (specification to be agreed with Highway Authority), kassel kerbs and on-road markings.

·                    Provide public art on the site to the value of 1% of the build costs of the development or pay a contribution to the Council’s Public Art fund in lieu of on site provision.

·                    Provide training and development scheme to 12 future employees or pay a training and development contribution of £14,400 to the Council in lieu.

·                    Pay the Council’s planning obligations administration fee (£2,688) and the Council’s legal fees (to be confirmed).

 

APPROVED subject to the following condition(s):

 

1.         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.

           

            Reason:

           

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

 

2.         Approval of the layout, scale, appearance and landscaping (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.

 

3.         Plans and particulars of the reserved matters referred to in condition 2 above relating to layout, scale, appearance and landscaping 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 Section 92 of the Town and Country Planning Act, 1990.

 

4.         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 5 years from the date of this permission.

           

(b)       The expiration of 2 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.

           

            Reason:

           

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

 

5.         Details, including details and samples of surfacing materials, of parking on site for secure, covered bicycle parking, car parking, servicing and disabled parking shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme of parking shall be fully implemented on site prior to the first beneficial occupation of the development hereby approved and shall thereafter be so retained at all times.

           

            Reason:

           

            To ensure that satisfactory parking is provided on site to serve the development, and to ensure compliance with the terms of Policies TRAN10 and ENV27 of the Unitary Development Plan.

 

6.         The development shall not be brought into beneficial use until the approved access points have been constructed in accordance with full engineering and design details, including details of the surfacing materials, oil and petrol interceptors and lighting, which shall have been submitted to and approved in writing by the Local Planning Authority and the approved plans and the access shall thereafter be so retained to serve the development hereby approved.

           

            Reason:

           

            In the interest of highway safety and to ensure a satisfactory form of access to serve the development, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

7.         No materials, goods or waste shall be stored outside any building on the site unless otherwise agreed in writing by the Local Planning Authority.

           

            Reason:

           

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

 

8.         Full details of a scheme for  a sustainable urban drainage system 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 prior to the first beneficial use of the site unless the local planning authority give written consent to any variation.

           

            Reason:

           

            To ensure a sustainable form of development, and to ensure compliance with the terms of strategic policies and Policy ENV27 of the Unitary Development Plan.

 

9.         Full details of a scheme for foul 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 prior to the first beneficial use of the site.

           

            Reason:

           

            To ensure a satisfactory foul drainage of the site, and to ensure compliance with the terms of Policies ENV29 and ENV27 of the Unitary Development Plan.

 

10.      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, and the means of enclosure shall be implemented in accordance with the approved details prior to the first beneficial use of the development.

           

            Reason:

           

            To safeguard local visual amenities, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

11.      No development shall take place on site until such time as a preliminary risk assessment scheme, a site investigation scheme based on the former, site investigation results and detailed risk assessment, and appropriate remediation strategy have been submitted to and approved in writing by the Local Planning Authority. A verification report showing completion of the approved remediation works shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction works for the buildings unless the Local Planning Authority give written consent to any variation.

           

            Reason:

           

            In the interests of public safety, and to ensure compliance with Policy ENV29 of the Unitary Development Plan.

 

12.      If during development contamination not previously identified is found to be present on site no further development shall be undertaken until the Local Planning Authority have been advised in writing of the details of the contamination and the details of remediation for the contamination and the written approval of the Local Planning Authority has been given to the remediation.

           

            Reason:

           

            To prevent contamination of the environment and to ensure the health and safety of users of the site and to meet the requirements of Policy ENV29 of the Unitary Development Plan.

 

13.      The implemented drainage scheme for the site should ensure that all  foul and surface water discharges separately from the site and that land drainage run-off shall not connect or discharge, either directly or indirectly, into the public sewerage system.

           

            Reason:

           

            To prevent hydraulic overloading of the public sewerage system, pollution of the environment and to protect the health and safety of existing residents and ensure no detriment to the environment and to comply with the terms of Policy ENV27 of the Unitary Development Plan.

 

14.      Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum BREEAM overall ‘very good’ and a minimum of 6 credits under ‘Ene1 - Reduction of CO2 Emissions’ has been achieved for that individual building in accordance with the requirements of BREEAM 2008.

           

            Reason:

           

            To ensure the development attains the sustainable building standards required by Planning Policy Wales and TAN22 - Planning for Sustainable Buildings.

 

15.      Prior to the first beneficial occupation of the development hereby approved, a Travel Plan shall be prepared to include a package of measures tailored to the needs of the site and its future users, which aims to widen travel choices by all modes of transport, encourage sustainable transport and cut unnecessary car use. The Travel Plan shall be implemented in accordance with the approved details and timing as approved.

           

            Reason:

           

            To ensure the development accords with sustainability principles and that site is accessible by a range of modes of transport in accordance with Policies 2, 8 and ENV27 of the Unitary Development Plan.

 

16.      Prior to the commencement of development details of the finished floor levels in relation to existing ground levels and finished ground levels, including site sections and full details of all retaining works, 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 visual amenities of the coastal zone are safeguarded, and to ensure the development accords with Policy ENV27 of the Unitary Development Plan.

 

17.      The development shall be carried out in accordance with the flood consequences assessment as submitted with the application unless the Local Planning Authority give written consent to any variation.

 

Reason:

           

            To reduce the impact of flooding on the development and to ensure the development meets the requirements of Policy ENV29 of the Unitary Development Plan.

 

18.      Details of a scheme for waste storage and recycling facilities on the site shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be fully implemented prior to the first beneficial use of the site and shall thereafter be so retained at all times unless the Local Planning Authority give written consent to any variation.

           

            Reason:

           

            To ensure an acceptable form of waste management and recycling on site in the interest of sustainable development and the visual amenity of the area and to meet the requirements of strategic policy and Policy ENV27 of the Unitary Development Plan.

 

19.      The landscaping details shall include details of a scheme to retain, restore  or recreate areas of neutral grassland and details of a management plan for these areas on the site shall be submitted to and approved in writing by the Local Planning Authority and the scheme shall be undertaken in accordance with the approval of reserved matters requirements and the timescale of the management plan as approved.

           

            Reason:

           

            In the interests of enhancing biodiversity on the site and to meet the requirements of Policies ENV11 and ENV16 of the Unitary development Plan.

 

20.      A reptile mitigation strategy or clearance methodology shall be submitted to and approved in writing by the Local Planning Authority prior to any site clearance or development works and the approved scheme shall be fully implemented in accordance with the approved details.

           

            Reason:

           

            To safeguard the protected species and to meet the requirements of Policy ENV16 of the Unitary Development Plan.

 

21.      A scheme for a nest box scheme for house sparrows or starling shall be submitted to and approved in writing by the Local Planning Authority and the scheme shall be fully implemented on site prior to the first beneficial use of the site unless the Local Planning Authority give written consent to any variation.

           

            Reason:

           

            To enhance the ecological value of the site and to meet the requirements of Policy ENV16 of the Unitary Development Plan.

 

22.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) the buildings shall be used for the purpose(s) identified in Class B1 of the schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order.

           

            Reason:

           

            To control the precise nature of the use of the site, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

 

2010/00666/FUL      Received on 30 June 2010

(P. 64)

Argoed Quarry Ltd., Castellau Fach Farm, Llantrisant, CF72 8LP

Planabuild Ltd., 3, Laburnum Drive, Porthcawl, CF36 5UA

 

Argoed Isha Quarry, Llansannor, Llanharry, Pontyclun

 

Continued use of quarry as a training centre for CPCS operator training.

 

APPROVED subject to the following condition(s):

 

1.         This consent shall be for a temporary period only and the operation shall cease and all plant, materials and buildings shall be removed from the site on or before 31 December 2011.

             

            Reason:

           

            To enable the Local Planning Authority to assess the impact of the development after a reasonable period, in the interests of local amenity.

 

2.         No operations hereby approved shall take place outside the hours of 0900 - 1700 Mondays to Fridays and 0900 - 1300 Saturdays, and no operations shall take place on Sundays or Public Holidays.

           

            Reason:

           

            In the interests of residential amenity and to meet the objectives of Policy MIN6 of the Vale of Glamorgan adopted Unitary Development Plan 1996 - 2011.

 

3.         All reversing sirens on mobile plant, machinery or vehicles shall be of the self-attenuating type with a variable sound power level, automatically adjusted dependent on background noise levels such that the sound power level of the units does not exceed 10 dB above background noise levels.

           

            Reason:

           

            In the interests of local amenity and to comply with the terms of Policy MIN6 of the Unitary Development Plan.

 

4.         Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls.  The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%.  If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%.

           

            Reason:

           

            In order to protect groundwater resources and to comply with the terms of Policy MIN6 of the Unitary Development Plan.

 

5.         The scheme of dust suppression previously approved on 20 October 2009 shall be retained in operation throughout all periods when the site is operational.

           

            Reason:

           

            In the interests of amenity and to meet the objectives of Policy MIN6 of the Vale of Glamorgan adopted Unitary Development Plan 1996 - 2011.

 

6.         The physical barrier between the quarry entrance road and restricted Byway No. 20 LLansannor as previously approved on 20 October 2009 shall be retained during all periods of operation at the site.

           

            Reason:

           

            In the interests of highway, pedestrian and equestrian safety.

 

7.         This approval shall not relate to any importation of stone, builders rubble or any other waste materials to the site for any purpose, and shall not relate to the disposal for sale or otherwise of any minerals arising from the site.

           

            Reason:

           

            For the avoidance of doubt as to the development approved and in the interests of public amenity and highway safety.

 

 

2010/00667/FUL      Received on 30 June 2010

(P. 70)

Argoed Quarry Ltd., Castellau Fach Farm, Llantrisant, Pontyclun, CF36 5UA

Planabuild Ltd., 3, Laburnum Drive, Porthcawl, CF36 5UA

 

Argoed Isha Quarry, Llansannor

 

Processing of existing stockpiles and loose material with crushing and screening machinery and removal from site. (renewal of 2009/00544/FUL)

 

APPROVED subject to the following condition(s):

 

1.         This consent shall be for a temporary period only and the crushing and screening operations shall cease and all associated plant and buildings shall be removed from the site on or before 31st December 2011.

             

            Reason:

           

            To enable the Local Planning Authority to assess the impact of the proposal after a reasonable period, in the interests of local amenity and highway safety.

 

2.         No operations hereby approved shall take place outside the hours of 0900 - 1700 Mondays to Fridays and 0900 - 1300 Saturdays, and no operations (including maintenance) shall take place on Sundays or Public Holidays.

           

            Reason:

           

            In the interests of local and residential amenity and to meet the objectives of Policy MIN6 of the adopted Unitary Development Plan.

 

3.         Without the prior written approval of the Mineral Planning Authority, no more than 10 loaded lorries shall leave the site on any day from Monday to Friday and no more than five loaded vehicles shall leave the site on Saturdays.

           

            Reason:

           

            In the interests of highway safety and local amenity and to comply with the terms of Policy MIN6 of the Unitary Development Plan.

 

4.         All loaded lorries (with the exception of those carrying stone of 100mm dimension or greater) shall be sheeted before leaving the quarry.

           

            Reason:

           

            In the interests of highway safety and local amenity and to comply with the terms of Policy MIN6 of the Unitary Development Plan.

 

5.         The scheme of noise monitoring previously approved on 20th October 2009 shall be retained in force throughout all periods of crushing and screening at the quarry and the results of each monthly monitoring exercise shall be forwarded in writing to the Local Planning Authority within 14 days of each monitoring operation.

           

            Reason:

           

            To enable the impact of the quarry to be monitored in the interests of residential amenity and to meet the objectives of Policy MIN 6 of the adopted Vale of Glamorgan Unitary Development Plan 1996 - 2011.

 

6.         The physical barrier between the quarry entrance road and Restricted Byway No. 20 Llansannor as previously approved on 20 October 2009 shall be retained in place during all periods of crushing and screening operations at the quarry.

           

            Reason:

           

            In the interests of highway, pedestrian and equestrian safety.

 

7.         The scheme of dust suppression previously approved on 20 October 2009 shall be retained in operation during all periods of crushing and screening at the quarry.

           

            Reason:

           

            In the interests of residential amenity and to meet the objectives of Policy MIN6 of the adopted Vale of Glamorgan Unitary Development Plan 1996 - 2011.

 

8.         Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls.  The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%.  If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%.

           

            Reason:

           

            In order to protect groundwater resources and to comply with the terms of Policy MIN6 of the Unitary Development Plan.

 

9.         All reversing sirens on mobile plant, machinery or vehicles shall be of the self-attenuating type with a variable sound power level, automatically adjusted dependent on background noise levels such that the sound power level of the units does not exceed 10 dB above background noise levels.

           

            Reason:

           

            In the interests of local amenity and to comply with the terms of Policy MIN6 of the Unitary Development Plan.

 

10.      Any vehicles or mobile plant retained on site overnight shall be parked or stored only in areas for which a scheme of surface water drainage has been implemented in accordance with details that have been approved in writing by the Local Planning Authority.

           

            Reason:

           

            In order to prevent pollution of a major aquifer.

 

 

2010/00741/FUL      Received on 14 July 2010

(P. 78)

Mrs. June Rosier Seven Oaks Fish Farm, Talygarn, Pontyclun, Mid Glamorgan, CF72 9JU

Mr Dewi Northway, Northway Brothers Ltd., 32, Cardiff Road, Dinas Powys, Vale of Glamorgan, CF64 4YE

 

Seven Oaks Fish Farm, Talygarn, Nr Pontyclun

 

Demolition and removal of existing buildings, shed and portacabin, erection of timber framed office/shop cafeteria and fish house

 

APPROVED 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.         The replacement building hereby permitted shall only be used for purposes ancillary to, and in connection with, the existing fishery business at Seven Oaks Fish Farm.

           

            Reason:

           

            The site is located within the countryside where such development is only justified in connection with the existing rural enterprise in accordance with Policies EMP7 - Farm Diversification and EMP8 - Agricultural Enterprise and Associated Development of the Unitary Development Plan, and national guidance contained in Planning Policy Wales and TAN6 - Planning for Sustainable Rural Communities.

 

3.         The existing buildings as indicated on Drawing No. 003, including the Nissan hut fish rearing unit, timber sales office, portable storage unit and portable toilet, shall all be taken down and removed from the site in their entirety before the first beneficial use of the replacement building hereby permitted, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            To avoid the proliferation of unjustified development in this countryside location that would adversely affect the character and appearance of the rural landscape contrary to Policies ENV1 - Development in the Countryside; and ENV10 - Conservation of the Countryside of the Unitary Development Plan.

 

4.         No development shall commence until full details of a scheme for the foul and surface water drainage of the site has been submitted to and agreed in writing with the Local Planning Authority. The development shall be implemented thereafter in accordance with the approved scheme.

           

            Reason:

           

            To prevent pollution of the water environment, as the site is located on a principal aquifer, and in accordance with Policies ENV7 - Water Resources; and ENV29 - Protection of Environmental Quality of the Unitary Development Plan.

 

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

           

            Reason:

           

            To prevent pollution of the water environment in accordance with Policies ENV7 - Water Resources and ENV29 - Protection of Environmental Quality of the Unitary Development Plan.

 

 

2010/00788/FUL      Received on 29 July 2010

(P. 89)

Mr. Alex Easton, Church House, 11, Highwalls Road, Dinas Powys, Vale of Glamorgan, CF64 4AG

S.P. West, Sophia House, 28, Cathedral Road, Cardiff, CF11 9LJ

 

Church House, 11, Highwalls Road, Dinas Powys

 

Demolishing an existing add on building and associated outbuildings and create a new two storey extension to Highwalls Road. To the rear a new conservatory and porch to be added to existing building.

 

APPROVED 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 existing plans received on 22 July 2010 and registered on 29 July 2010, and the amended proposed plans, Dwrg. No.s 10/017 P AX 100 A, 10/017 P AP 100 A, 10/017 P AP 101A, 10/017 P AP 102A, 10/017 P AS 100A, 10/017 P AE 101A, 10/017 P AE 102A, 10/017 P AE 103A received on 16 September 2010, and 10/017 P AE 100B received on 17 September 2010.

           

            Reason:

           

            To ensure a satisfactory form of development and for the avoidance of doubt as to the approved plans.

 

3.         Notwithstanding the submitted plans further details of the external finishes, including the render treatment, and the provision of string courses, particularly on the west elevation of the two storey extension hereby permitted, shall be submitted to and agreed in writing with the Local Planning Authority before their construction on site. The development shall be implemented thereafter in accordance with the approved details.

           

            Reason:

           

            In the interests of visual amenity and the character and appearance of this part of the Dinas Powys Conservation Area in accordance with Policies ENV17 - Protection of Built and Historic Environment; and ENV20 - Development in Conservation Areas of the Unitary Development Plan.

 

4.         Before their use on site further details of the windows, to a scale of 1:20 and including sections, shall be submitted to and approved in writing with the Local Planning Authority. The development shall be implemented thereafter in accordance with the agreed details.

           

            Reason:

           

            In the interests of visual amenity and the character and appearance of this part of the Dinas Powys Conservation Area in accordance with Policies ENV17 - Protection of Built and Historic Environment; and ENV20 - Development in Conservation Areas of the Unitary Development Plan.

 

 

2010/00817/FUL      Received on 4 August 2010

(P. 96)

Mr. Nigel O'Sullivan, 37, Clos Caradog, Meadow Farm, Llantwit Fadre, Rhondda Cynon Taff, CF38 2DQ

Mr David Jones, 52B, Ty Gwyn, Mill Road, Lisvane, Cardiff, CF14 0XS

 

Castle Lodge, Hensol

 

Construction of a new five bedroom private detached dwelling set back off the main road, within its own grounds

 

Withdrawn by the applicant.

 

 

2010/00860/FUL      Received on 12 August 2010

(P. 104)

Mr Brian Mead, Mead Bros Ltd, Llwyncelyn Industrial Estate, Porth, Mid Glamorgan

Mr D L Layton 39, Vicarage Road, Penygraig, Tonypandy, Mid Glamorgan, CF40 1HR

 

Trem-y-Glyn, 8, Windmill Lane, Cowbridge

 

Removal of Condition No. 8 of planning application 2009/01006/FUL to convert garage to living accommodation

 

APPROVED subject to the following condition(s):

 

1.         The ground floor window of the garage in the side (east) elevation of House B and the side (west) elevation of House A shall be fitted with obscure glazing prior to the beneficial occupation of the respective properties and shall thereafter be so maintained at all times.

           

            Reason:

           

            To ensure that the privacy and amenities of adjoining occupiers are safeguarded, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

 

2010/00873/FUL      Received on 16 August 2010

(P. 110)

Ms. Cindy Perry, Holm View Cottage, Pen-y-Turnpike Road, Dinas Powys, Vale of Glamorgan, CF64 4HG

Ms. Cindy Perry, Holm View Cottage, Pen-y-Turnpike Road, Dinas Powys, Vale of Glamorgan, CF64 4HG

 

Holm View Cottage, Pen-y-Turnpike Road, Dinas Powys

 

Demolition of existing bungalow and construction of new dormer bungalow with self contained area for aged parents

 

APPROVED 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.         The annex within the replacement dwelling hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the approved dwelling.

           

            Reason:

           

            To avoid the creation of a separate unit of residential accommodation, and to ensure compliance with the terms of Policies ENV27 and HOUS11 of the Unitary Development Plan.

 

3.         Notwithstanding the submitted layout plan (Rev C),  no part of the development hereby approved shall be brought into beneficial use until such time as the parking areas, including all associated access and works, have been laid out in full accordance with the details shown on the plan 'Updated Parking Layout' (Rev D), received 29 September 2010, and the parking and access shall thereafter be so retained at all times to serve the development hereby approved.

           

            Reason:

           

            To ensure the provision on site of parking and turning facilities to serve the development in the interests of highway safety, and to ensure compliance with the terms of Policies TRAN 10 and ENV27 of the Unitary Development Plan.

 

4.         Prior to the commencement of development, including any site clearance and demolition, details of protective fencing to the existing on-site trees indicated on the approved plan 'Updated Parking Layout' (Rev D), received 29 September 2010, shall be submitted to and approved in writing by the Local Planning Authority. The agreed details, including fence positioning, shall be implemented in full prior to the commencement of development, including any site clearance, on-site storage of materials, plant or machinery and/or demolition, and shall remain for the full duration of the demolition and construction of the development hereby approved.

 

            Reason:

           

            To safeguard the trees on site during the demolition and construction process, to comply with Policy ENV11 of the adopted Unitary Development Plan 1996 - 2011.

 

 

2010/00876/FUL      Received on 16 August 2010

(P. 120)

Mr. Peter Lewis, 108, St. Davids Crescent, Penarth, Vale of Glamorgan, CF64 3NB

Mr. Peter Lewis, 108, St. Davids Crescent, Penarth, Vale of Glamorgan, CF64 3NB

 

2G, Cornerswell Road, Penarth

 

Change of use from fruit and vegetable shop to nail design and beauty salon (including Thai massage and foot massage; semi permanent and permanent make up)

 

APPROVED 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.         The use hereby permitted shall not be open to customers outside the following times: 09:00 - 5:30 Monday to Saturday and shall not open on Sundays, unless the Local Planning Authority gives prior written consent to any variation to the hours of opening.

           

            Reason:

           

            To protect the amenities of nearby occupiers and ensure compliance with Policies ENV27 of the Unitary Development Plan 1996-2011.

 

 

2010/00912/FUL      Received on 24 August 2010

(P. 132)

Mr. Gareth Cording, The Old Post Office, Ewenny Road, St. Brides Major, Vale of Glamorgan, CF32 0SB

Gillard Associates, Mr. Alan Gillard, 18, Park Place, Cardiff, CF10 3DQ

 

The Old Post Office, St. Brides Major

 

Three new one bed flats on a vacant site adjoining the applicant's property. Covered ground level parking for 3 cars with forward movement onto and off site. The diversion of part of a public footpath with the improvement of the path's surface, new lighting, new handrails and the clearance of overgrown vegetation.

 

REFUSED                 (Written Representations)

 

1.         By reason of the size, scale and layout of the proposed development, together with the limited extent of private amenity space to serve the proposed flats, the proposal is considered to amount to an overdevelopment of this constrained site, which would also fail to respect local character. It therefore fails to accord with Policies HOUS8 and ENV27 of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and the approved ‘Amenity Standards’ Supplementary Planning Guidance.

 

 

2010/00916/FUL      Received on 25 August 2010

(P. 145)

Tesco Stores Limited., C/O Agent

Development Planning Partners. Mr Edward Bright, 14, Windsor Place, Cardiff, CF10 3BY

 

Former Mayflower Public House, 74, Fontygary Road, Rhoose

 

Installation of external stand-alone ATM pod

 

APPROVED 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.

 

 

2010/00944/OUT     Received on 1 September 2010

(P. 151)

ABK Property (S. Wales) LLP., Pancross Barn, Llancarfan, Vale of Glamorgan, CF62 3AJ

Davies Evans Partnership, Kingsway House, Bank Buildings, Bridgend Industrial Estate, Bridgend, CF31 3SB

 

Land adjacent to New Parc Farm, St. Donats

 

Erection of two detached dwellings and garages, re-alignment of access to site together with the demolition of existing precast 'ATCOST' type farm buildings

 

REFUSED                 (Written Representations)

 

1.         The application site is located outside of any defined residential settlement boundary, and as such the proposal would constitute the construction of two unjustified and unsustainable dwellings in the countryside, which would detract from the rural character of the surrounding area and result in a development where future occupiers would have a high level of dependency on the use of the car. The proposal is therefore considered contrary to Policies ENV1 - Development in the Countryside; HOUS3 - Dwellings in the Countryside; and Strategic Policies 1 & 2 - The Environment; and 8 - Transportation of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011; Supplementary Planning Guidance on Sustainable Development and national guidance contained in Planning Policy Wales July 2010.

 

2.         By virtue of its size, pattern of development and backland location, the proposal would result in an unacceptable form of residential development out of character with the existing pattern of development of the village, located beyond any logical village `edge`, which would not be considered to constitute infill or rounding off the village. The proposal is therefore considered contrary to Policies ENV1 - Development in the Countryside; ENV27 - Design of New Developments; HOUS3 - Dwellings in the Countryside; and Strategic Policies 1 & 2 - The Environment; and 8 - Transportation of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011; Supplementary Planning Guidance on Sustainable Development and national guidance contained in Planning Policy Wales July 2010.

 

3.         In the absence of the submission of an archaeological field evaluation, there is no information on the nature, importance or possible extent of the archaeological remains within the application area, which may be of national importance.  The application therefore fails to demonstrate that the development would adequately preserve any features of archaeological significance, contrary to Policies ENV17 - Protection of the Built and Historic Environment; and ENV18 - Archaeological Field Evaluation and advice in Welsh Office Circular 60/96 and national guidance contained in Planning Policy Wales July 2010.

 

 

2010/01000/TPO      Received on 17 September 2010

(P. 168)

Miles Punter  Head of Visible Services, The Alps Depot, Quarry Road, Wenvoe, Nr. Cardiff

Miles Punter  Head of Visible Services, The Alps Depot, Quarry Road, Wenvoe, Nr. Cardiff

 

Land at The Grange, Wenvoe (1) and Alexandra Park, Penarth (2)

 

(1) Remove three Horse Chestnut trees

(2) Remove an Ash and Scots Pine alongside Beach Rd, Scots Pine nr War Memorial needs large limb removed and a Scots Pine alongside pumphouse off Bridgeman Rd needs overhanging limb removed

 

APPROVED subject to the following condition(s):

 

1.         NO CONDITIONS

 

 

2010/00387/RG3      Received on 20 July 2010

(P. 173)

Mr. Mark Haynes, Director of Learning and Development, Provincial House, Kendrick Road, Barry, Vale of Glamorgan, CF62 8UF

Property Division, Vale of Glamorgan Council, Civic Offices, Holton Road, Barry, CF63 4RU

 

Ysgol Pen Y Garth, Redlands Road, Penarth

 

Single storey two classroom extension to  teaching block

 

Deemed planning consent be GRANTED 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.         The external finishes of the development hereby approved shall match those of the adjoining school building.

           

            Reason:

           

            To safeguard local visual amenities, as required by Policy ENV27 of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

 

3.         Prior to commencement of development, full details of the modification and adaptation of the school car park, based on the submitted Plan No. T/06/141/JL received on 11 October 2010, shall be submitted to and approved in writing by the Local Planning Authority. The agreed car park modifications which shall include improved markings for 'dropping off' shall be implemented and fully operational prior to the first beneficial use of the school extensions hereby approved.

           

            Reason:

           

            To ensure suitable parking provision for Ysgol Pen Y Garth school to accommodate the additional traffic generated by the two additional classrooms hereby approved, in accordance with Policies ENV27 - Design of New Developments; and TRAN 10 - Parking of the adopted Unitary Development Plan.

 

4.         Prior to the beneficial use of the development hereby approved new Traffic Regulation Orders along the entire length of the unnamed road leading to Norris Close shall be administered and implemented prohibiting the waiting of vehicles at any time.

           

            Reason:

           

            In order to protect the obstruction of traffic along the unnamed road in the interest of highway and public safety and the free flow of traffic.

 

5.         Notwithstanding the submitted Travel Plan (Capita Symonds, June 2010), prior to the first beneficial occupation of the development hereby approved a Travel Plan shall be prepared, to include a package of measures tailored to the needs of the site and its future users, which aims to widen travel choices by all modes of transport, encourage sustainable transport and cut unnecessary car use. The new Travel Plan shall be guided by the principles and recommendations of the submitted Travel Plan (Capita Symonds). The Travel Plan shall thereafter be implemented in accordance with the approved details.

           

            Reason:

           

            To ensure the development accords with sustainability principles and that site is accessible by a range of modes of transport in accordance with Unitary Development Plan Policies 2, 8 and ENV27 - Design of New Developments.

 

NOTE 1: Councillor J.F. Fraser spoke on the above planning application with the consent of the Committee.

 

NOTE 2: Details submitted in respect of the discharge of Condition 3 should be brought back before the Planning Committee for approval.

 

 

2010/00966/RG3      Received on 7 September 2010

(P. 185)

Housing, Vale of Glamorgan Council, Contact: Rob Lucas, Civic Offices, Holton Road, Barry, Vale of Glamorgan, CF63 4RU

David A. Courtney, 17, Plassey Street, Penarth, Vale of Glamorgan, CF64 1EJ

 

4, Barons Close, Llantwit Major

 

Change of use from Local Housing Scheme Rent Office back to original dwelling

 

Deemed planning consent be GRANTED 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.         Notwithstanding the submitted plans, details of a parking layout shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall then be implemented in accordance with these details, prior to the first beneficial use of the dwellinghouse and retained thereafter.

           

            Reason:

           

            To ensure an adequate provision of on site parking and to ensure compliance with Policy ENV27 of the Vale of Glamorgan adopted unitary development plan.

 

                       

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