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PLANNING COMMITTEE

 

Minutes of a meeting held on 29th September, 2011.

 

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

 

Also present: Councillor G. John.

 

 

440     APOLOGIES FOR ABSENCE -

 

These were received from Councillors R.J. Bertin, Mrs. M.E.J. Birch, F.T. Johnson, Mrs. M.R. Wilkinson and Ms. M. Wright.

 

 

441     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 1st September, 2011 be approved as a correct record.

 

 

442     DECLARATIONS OF INTEREST -

 

The following Councillors declared an interest and vacated the room whilst the item in question was under consideration:

 

Councillor J.C. Bird

Agenda Item No. 12 - Planning Application 2011/00812/FUL - owns a business adjacent to the site, and the Manager has commented on the application.

 

Councillor P. Church

Agenda Item No. 12 - Planning Applications 2011/00801/RG3 and 2011/00838/RG3 - Cabinet Member.

 

Councillor A.M. Ernest

Agenda Item No. 12 - Planning Applications 2011/00801/RG3 and 2011/00838/RG3 - Cabinet Member.

 

Councillor A.D. Hampton

Agenda Item No. 12 - Planning Applications 2011/00801/RG3 and 2011/00838/RG3 - Cabinet Member.

 

 

443     BRIDGEND DEPOSIT LOCAL DEVELOPMENT PLAN 2006 - 2021 CONSULTATION (REF - MIN. NO. C1420) -

 

Cabinet, on 7th September, 2011 were advised of the release of the Bridgend County Borough Council's (BCBC) Deposit Local Development Plan 2006 - 2021 and were further advised of matters which may have cross boundary implications for the Vale of Glamorgan Council.

 

Attached to the report before Cabinet had been a table summarising the Council's comments on the document.

 

Cabinet had

 

RESOLVED -

 

(1)       That the comments contained within the report be submitted to Bridgend County Borough Council on the appropriate forms as the Vale of Glamorgan Council's formal response to Bridgend County Borough Council's Deposit Local Development Plan consultation.

 

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

 

Having considered the decision of Cabinet, it was

 

RESOLVED - T H A T the decision of Cabinet be noted.

 

Reason for decision

 

Having regard to the decision of Cabinet.

 

 

444     SITE INSPECTIONS (DLPPHS) -

 

RESOLVED - T H A T the attendance of the following Councillors at the sites indicated below on 1st September, 2011 be noted:

 

Apologies for absence were received from Councillors R.J. Bertin, J.C. Bird, Ms. V.L. Ellis, A.D. Hampton, Mrs. V.M. Hartrey and Ms. M. Wright (Sites (a), (b) and (c)), Councillor Mrs. M. Kelly Owen (Sites (a) and (b)), Councillor Mrs. A.J. Preston (Sites (b) and (c)) and Councillor E. Hacker (Site (c)).

 

(a)     Land adjacent to 91 Main Road, Ogmore by Sea

Councillor H.J.W. James (Chairman); Councillors E. Hacker, Mrs. A.J. Preston, R.P. Thomas and Mrs. M.R. Wilkinson

(b)     Westfield House Stables, West Street, Llantwit Major

Councillor H.J.W. James (Chairman); Councillors Mrs. S.M. Bagstaff, E. Hacker, G. John, R.P. Thomas and Mrs. M.R. Wilkinson

(c)     Land at Cogan Hill, Penarth

Councillor H.J.W. James (Chairman); Councillors A.M. Ernest, J.F. Fraser, Mrs. M. Kelly Owen, R.P. Thomas, Mrs. D.M. Turner and Mrs. M.R. Wilkinson

 

 

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

 

RESOLVED -

 

(1)       T H A T the 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.

 

 

446     PLANNING APPLICATIONS 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

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)

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

 

2011/00524/FUL

 

A

 

35, The Verlands, Cowbridge

 

First floor extensions above the existing ground floor.

 

2011/00605/LBC

 

A

 

The Three Tuns, St. Nicholas

 

Insert two steel beams in roof space to prevent further deflection of roof structure.

 

2011/00620/FUL

 

A

 

Llandough House, Llandough

 

Alterations/extension to existing house.

 

2011/00627/FUL

 

A

 

15, Albert Crescent, Penarth

 

Canopy to side elevation of property.

 

2011/00638/ADV

 

A

 

Fontygary Leisure Park, Rhoose

 

Retrospective consent to erect 2 directional signs.

 

2011/00601/OBS

 

P

 

Land at former open cast coal site and land to the north of the A473, Llanilid

 

Comprehensive development comprising: residential development of up to 1,850 dwellings; neighbourhood centre to include Class D1 and D2 community/leisure facilities, Class D1 medical centre, Class D1 primary school, Class A1, A2 and A3 retail/services/food and drink floorspace; B1 office/commercial floorspace; new drainage, services, transport and highways infrastructure, strategic landscape areas and public open space (all matters reserved).  Full details for new spine road and access onto A473, drainage infrastructure and the creation of development plateaus to serve the first phase of the development (Amended Plans and Supplementary Environmental Information (SE1) received 13 June 2011).

 

2011/00640/FUL

 

A

 

Upalong House, Penyturnpike Road, Dinas Powys

 

Log cabin.

 

2011/00647/FUL

 

A

 

Unit 42, Vale Business Park, Cowbridge

 

Vehicular entrance and gate across the verge at the northern boundary of Unit 42 from unnamed road connecting to the B4270.

 

2011/00653/FUL

 

A

 

Maendy Isaf House, Trerhyngyll Road, Maendy

 

Single storey extensions to both sides and rear of a detached farm house providing ground floor accommodation and facilities for a disabled person.

 

2011/00664/FUL

 

A

 

91, Lavernock Road, Penarth

 

Proposed single storey rear extension.

 

2011/00670/FUL

 

A

 

The Furniture Warehouse, Broad Street, Barry

 

To apply for retrospective planning consent for roofing to service yard (infill to existing block wall and existing shop/premises) and installation of roller shutter doors.

 

2011/00674/FUL

 

A

 

12, York Place, Barry

 

Change of use from offices to beauty salon.  Treatments include prescription/medical treatments/ medical/dietician/chiropody/ physiotherapy consultations.

 

2011/00678/FUL

 

A

 

Maescrofta Stables, Adjacent to Ty Maen Farm, Ystradowen

 

Retention of Horse Ménage.

 

2011/00679/FUL

 

A

 

37, Catkin Drive, Penarth

 

Erection of pre-cast concrete garage within curtilage of boundaries.

 

2011/00682/FUL

 

A

 

46, Heol Corswigen, Pencoedtre Village, Barry

 

Conversion of garage to extra room.

 

2011/00695/FUL

 

A

 

Ty Draw Farm, St. Andrews Major

 

The construction of one new agricultural building used as store plus associated hardstandings and fences.

 

2011/00700/FUL

 

A

 

Penlon, Colwinston, Cowbridge

 

Front porch.

 

2011/00717/ADV

 

A

 

Old Westra Quarry, St. Andrews Road, Dinas Powys

 

2 no. twin pole site signs.

 

2011/00721/CAC

 

A

 

79, Eastgate, Cowbridge

 

Removal of timber framed building to rear garden.

 

2011/00723/FUL

 

A

 

West Lodge, Crossways, Cowbridge

 

Renewal of planning permission 2006/01593/FUL for two storey side extension.

 

2011/00795/PNA

 

R

 

Land opposite Glenholme, Peterston Super Ely

 

Building for the storage of machinery, animal feed and tractor.

 

2011/00649/FUL

 

A

 

Trevithyn Farm, Llancarfan

 

Erection of new agricultural building to be used for hay, straw and machinery storage.

 

2011/00666/FUL

 

A

 

5, Seaview Place, Llantwit Major

 

Rear single storey extension, conservatory and detached double garage.

 

2011/00690/FUL

 

A

 

19, Crawshay Drive, Boverton, Llantwit Major

 

Single storey porch extension to front.

Two storey rear extension.

 

2011/00693/FUL

 

A

 

Pen Y Garreg, Piccadilly, Llanblethian

 

Single storey extension to north elevation to provide extended kitchen.

 

2011/00699/FUL

 

A

 

58, Nant Talwg Way, Barry

 

Single storey extension to the rear of the property.

 

2011/00708/FUL

 

A

 

39, Newlands Street, Barry

 

Special needs adaptations - single storey ensuite extension to ground floor bedroom.

 

2011/00712/FUL

 

A

 

59, Marine Drive, Barry

 

First floor bedroom extension and balcony.

 

2011/00714/FUL

 

A

 

19, Plas Glen Rosa, Penarth

 

New windows to existing bathrooms on first and second floors to give light and added ventilation (no windows present at this time).

 

2011/00720/FUL

 

A

 

Britannia House, 1, Penny Lane, Cowbridge

 

First floor conservatory with pitched roof.

 

2011/00729/FUL

 

A

 

Rock House, 9, Beach Road, Penarth

 

To replace the existing plastic windows on the first floor with timber sash windows of the same size.

 

2011/00762/FUL

 

A

 

Southerndown Golf Club, Ogmore By Sea

 

Storage container.

 

2011/00765/FUL

 

A

 

6, Glyndwr Avenue, St. Athan

 

Proposed side extension to incorporate kitchen, proposed porch extension incorporating cloakroom (already approved).

 

2011/00403/FUL

 

A

 

Old Rectory, Llandough, Cowbridge

 

Single storey extension including internal alterations to kitchen.

 

2011/00404/LBC

A

Old Rectory, Llandough, Cowbridge

 

Single storey extension including internal alterations to kitchen.

 

2011/00556/FUL

 

A

 

Former Westra Quarry, St. Andrews Road, Dinas Powys

 

Amendments to planning approval 2010/00968/FUL to marginally adjust the plot boundaries of the dwellings on site to accommodate internal layout changes to the three house types to be built on site.

 

2011/00688/FUL

 

A

 

69, Broadway, Llanblethian

 

Proposed alterations to include a rear single storey extension to kitchen with infill under existing master bedroom. A first floor rear extension to provide additional bedroom above living room and a single storey extension at left hand side of property with a change of use to the existing garage.

 

2011/00701/FUL

 

A

 

26, Heol Merioneth, Boverton, Llantwit Major

 

Proposed subdivision of existing property to form 2 dwellings with erection of side extension.

 

2011/00703/FUL

 

A

 

20, Borough Close, Cowbridge

 

Ground and first floor extensions.

 

2011/00705/FUL

 

A

 

The Knoll, Love Lane, Llanblethian

 

Two storey rear extension above existing ground level.

 

2011/00706/FUL

 

A

 

10, Ewenny Cross, Ewenny

 

Double and single storey side extension with rear single extension to replace existing conservatory.

 

2011/00718/PNT

 

A

 

Rear of Post Office, Trebeferad Road, Boverton

 

Proposed BT cabinet.

 

2011/00719/FUL

 

A

 

71, Lavernock Road, Penarth

 

Demolish existing garage/utility space,  construct new integral garage/utility room/cloakroom/ garden room and associated external works.

 

2011/00726/FUL

 

A

 

16, Adenfield Way, Rhoose

 

Single storey extension to rear of house.

 

2011/00738/FUL

 

A

 

St. Brides Major Church in Wales Primary School, St. Brides Major

 

Extensions and alterations to school.

 

2011/00742/FUL

 

A

 

30, Ivy Street, Penarth

 

Single storey rear extension to provide utility room and wc.

 

2011/00753/FUL

 

A

 

343, Barry Road, Barry

 

To replace existing conservatory/extension with orangery to rear of property.

 

2011/00761/FUL

 

A

 

2, Meadowside, Sully Road, Penarth

 

Conservatory.

 

2011/00829/SC1

EN

Aberthaw Power Station, Aberthaw

Proposed Selective Catalytic Reduction Plant.

 

2009/01245/FUL

 

A

 

Efail Y Roper, Trerhyngyll

 

Renewal of Planning Permission 2004/00464/FUL for `granny annexe` conversion.

 

2011/00500/FUL

 

A

 

Hafod Lodge, Hensol

 

Rebuild stone walls to new alignment with use of original railings plus resurfacing of adjacent bridge and to front of house, with railings opposite house and associated works.

 

2011/00673/FUL

 

A

 

Units 5 and 6, Sutton Road, Llandow

 

Change of use from last use for storage and distribution (Class B8) to general industrial engineering (Class B2) with ancillary offices.

 

2011/00711/FUL

 

A

 

131, Plymouth Road, Penarth

 

Single storey rear extensions to improve living space and two storey side extension on footprint of existing garage conversion.

 

2011/00730/FUL

 

A

 

6, Robinswood Close, Penarth

 

Single storey rear extension.

 

2011/00731/FUL

 

A

 

56, Pencoedtre Road, Barry

 

Retention of a wooden shed.

 

2011/00735/FUL

 

A

 

15, Eastgate, Cowbridge

 

Two storey extension.

 

2011/00737/FUL

 

R

 

22, Wick Road, Ewenny

 

Rear first floor dormer extension.

 

2011/00739/ADV

 

A

 

Unit A, LDS House, Verlon Close, Barry

 

Installation of signage to front elevation.

 

2011/00740/FUL

 

A

 

Unit A, LDS House, Verlon Close, Barry

 

Installation of new trade counter entrance doors and screen to existing front elevation. Installation of new fire escape to side elevation.

 

2011/00741/FUL

 

A

 

Cherry Tree, Cross Common Road, Dinas Powys

 

Single storey side extension.

 

2011/00746/FUL

 

A

 

2, Clos Yr Onnen, Llantwit Major

 

Erection of a single storey extension to front of dwelling to extend existing WC/cloaks.

 

2011/00747/FUL

 

A

 

6, The Grange, Baroness Place, Penarth

 

Construction of conservatory to rear of property.

 

2011/00751/FUL

 

A

 

Rockside, Station Road, Dinas Powys

 

Two storey extension to provide a playroom and new bedroom over.

 

2011/00755/ADV

 

A

 

Cogan Nursery School, Cawnpore Street, Cogan, Penarth

 

Three flagpoles.

 

2011/00759/FUL

 

A

 

41-43, Boverton Road, Llantwit Major

 

Bin store and sheds within the curtilage of each dwelling approved by application 2010/00027/FUL.

 

2011/00773/FUL

 

A

 

20, Augusta Road, Penarth

 

Rooflight/lantern to single storey roof at side of dwelling.

 

2011/00774/FUL

 

A

 

Dow Corning Limited, Cardiff Road, Barry

 

Removal of existing boundary wall and fence between Cardiff Road and Dow Corning land and replace with Spear and Point fence to match remaining existing, removal of existing conifers within Dow Corning land.

 

2011/00787/FUL

 

A

 

United World College of the Atlantic, St. Donats Castle, Llantwit Major

 

All in one ropes course.

 

2011/00794/FUL

 

A

 

2, Church Road, Penarth

 

Retrospective application for single storey side extension.

 

2011/00814/FUL

 

A

 

32, Somerset View, Ogmore By Sea

 

Create dormer similar to existing and include French/sliding doors with a Juliet balcony.  Replace existing dormer window with French/sliding doors and Juliet balcony.

 

         

 

 

447     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 April 2011 to March 2012 as detailed in the report be noted.

 

 

448     TREES (DEER) -

 

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

 

2011/00685/TPO

 

A

 

2, Clos Llanfair, Wenvoe

 

Cut back epicormic growth to Oak, Reduce large Beech 1,  reduce/balance and foreshorten limbs on Beech 2.

 

 

2011/00709/TPO

 

A

 

3, Winsford Road, Sully

 

Fell Pine tree.

 

 

2011/00725/TCA

 

A

 

Old Brewery, Cowbridge

 

Fell 3 mature Leylandii and fell 13 mature Larch.

 

 

2011/00727/TCA

 

A

 

Picton House, Llanblethian

 

Fell Lawsons Cypress.

 

 

2011/00728/TPO

 

A

 

Woodside Grange, Woodside, Wenvoe

 

Crown raise Tulip tree to a height of 3.5m up the stem from ground level and foreshorten lowest limb by 2.0 to 3.0m.

 

 

2011/00733/TPO

 

A

 

28, Livingstone Way, St. Athan

 

Reduce a Cherry and Whitebeam.

 

 

2011/00810/TPO

 

A

 

Lindens Lodge, Bradford Place, Penarth

 

Maintenance work and removal of tree.

 

 

2011/00763/TCA

 

A

 

112, Stanwell Road, Penarth

 

Fell Ash tree to rear of garage.

 

 

           

 

 

449     ENFORCEMENT ACTION (DEER) -

 

(i)         Land and Buildings at the Old Coal Yard, Arcot Lane North, Penarth -

 

A complaint had been received by the Local Planning Authority regarding the use of a new premises at the former Coal Yard, Arcot Lane North for paint spraying. 

 

The premises in question was one of three newly erected units that occupied the former Coal Yard at Arcot Lane North, to the rear of the properties along Arcot Street.  The surrounding area was predominantly residential terraced properties with their rear gardens facing onto the lane.  There were other workshops in the lane, to the side and the rear of the premises in question.  These were historic and had a mixture of workshop or storage type uses, including a vehicle repair and MOT garage.

 

The building formerly on the site was demolished and the new units erected following an application made in 2007.  The three individual units were typical back street workshops that were accessed via the rear lane off Salop Street.  The unit in question was the third of the row of three and was itself accessed via a vehicular entrance with a roller shutter door, or a smaller pedestrian entrance, also with a roller shutter door.

 

An inspection of the premises had revealed that it was used to operate what the occupier described as a 'smart repairs' business.  This involved whole body work, including plastic welding, replacing or repairing vehicle windscreens, and paint spraying using water based paints.  The operation also involved upholstery and interior works to the vehicles.

 

The occupier stated that some of his work was carried out on site but vehicles were regularly brought into the work shop for body repairs - approximately three cars per week.  As for machinery, a compressor unit was used to power the paint sprayer, which was kept inside a bricked off area of the garage.  A handheld sander and polisher were also used.  The occupier had fitted an extractor fan to the back of the workshop which he operated when using the spray gun. 

 

The breach of planning control consisted of the material change of use of the premises in question.  The permitted use of the property, granted permission by virtue of the 2011/00530/FUL application was for a use falling within B1 use class (i.e. light industrial uses that could be carried out in a residential area) of the Town and Country Planning (Use Classes) Order 1987 (as amended) and a B8 use class (storage and distribution).  The current use of the premises as a vehicle body repairs and spraying operation fell within the B2 use class, which was defined as a 'general industrial' use usually heavy and/or neighbourly industrial uses.  This change of use of the premises was not a change of use permitted under the Town and Country Planning (General Permitted Development) Order 1995 and, as such, was a material change of use that required the benefit of planning permission. 

 

The Enforcement Officer had been in contact with the owner, occupier and the agent to advise them that the current use was an unauthorised material change of use of the premises.  Whilst the owner and occupier were currently considering their options, they had been advised that in view of the nature of the breach of planning control and the harm to the amenity of local residents, swift enforcement action was necessary.

 

RESOLVED -

 

(1)       T H A T the Director of Legal, Public Protection and Housing 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 cessation of the use of the premises for the purposes of vehicle body and interior repairs, including paint spraying, falling within use Class B2 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

 

(2)       T H A T in the event of non compliance with the Notice, authorisation be granted to take such legal proceedings as may be required.

 

Reason for decisions

 

(1&2)  The use of the premises for the purposes of vehicle body and interior repairs, including paint spraying, falling within use Class B2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) was considered to be an inappropriate use that had an unacceptable impact upon the amenities of the occupiers of the adjoining residential properties by virtue of noise, dust and fumes.  The use was, therefore, considered to be contrary to Policies ENV27 - Design of New Developments, ENV29 - Protection of Environmental Quality, EMP2 - New Business and Industrial Development of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011 which was supported by national guidance in the form of Planning Policy Wales (February 2011).

 

 

(ii)        Land and Buildings at 13 Arcot Street, Penarth -

 

A complaint had been received by the Local Planning Authority regarding the material change of use of the property at No. 13 Arcot Street, Penarth from one residential unit to three.  The site lies within the residential settlement boundary of Penarth, within close proximity to the district centre and outside the designated Penarth Conservation Area.

 

The property was an end of terrace property, of which the ground floor was currently used as a hairdressers and beauty salon and the rest of the building being used for residential purposes.  The building had previously been subject to external alterations and a number of changes of use in the past.  The property did not benefit from on site parking however, there was on street parking on the surrounding residential streets. 

 

Following refusal of a planning application for the retention of the use of the first and second floor of the property as three flats (2011/00047/FUL), a complaint had been received stating that the building was still being used as flats despite the fact that no planning permission had been granted for this use.

 

It was found that the works proposed in the 2011/00047/FUL scheme had already been carried out to convert the two upper floors of the property to three x one bedroomed flats.  Two flats were located at first floor level and the third flat within the loft area of the building.  No external alterations had been undertaken. 

 

The works to sub divide the property from one residential unit into three flats was a material change of use that required the benefit of planning permission. 

 

Following the refusal of planning application 2011/00047/FUL, the owner had been advised that the residential use of the building as three flats was unauthorised and that, if the use continued, he would be subject to further enforcement action being taken against him.  The owner was also advised of his right of appeal against the refusal of the planning application.

 

An appeal had been submitted, but was subsequently dismissed by the Planning Inspectorate.  The owners had been sent a letter to explain that authorisation was now being sought to resolve the current breach.  They were also advised that in order to avoid formal action, voluntary works would have to be carried out to revert the property to one residential unit and to cease the use of the premises as three flats.

 

RESOLVED -

 

(1)       T H A T the Director of Legal, Public Protection and Housing 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 cessation of the use of the first and second floors of the property as three residential units and their return to a single residential unit.

 

(2)       T H A T in the event of non compliance with the Notice, authorisation be granted to take such legal proceedings as may be required. 

 

Reason for decisions

 

(1&2)  The occupiers of the three residential units had no access to an area of amenity space to meet their basic living requirements.  As such, the three residential units provide a substandard form of living accommodation that has a harmful effect on the living conditions of the occupiers and represents an over development of the site.  Consequently, the development fails to accord with the requirements of the Council's Supplementary Planning Guidance on Amenity Standards, Policies ENV27 - Design of New Developments and HOUS8 - Residential Development Criteria, of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011 as supported by the advice within Planning Policy Wales (February 2011).

 

 

450     GENERAL PLANNING MATTERS (DEER) -

 

(i)         Welsh Government - Draft Practice Guidance: Realising the Potential of Pre-Application Discussions -

 

Cabinet, on 7th September, 2011 had considered a report entitled 'Welsh Government Consultation Document: Draft Practice Guidance: Realising the Potential of Pre-Application Discussions'.

 

At that meeting, Cabinet had resolved:

 

(1)       That the contents of the report be noted.

 

(2)       That the response attached at Appendix B to the report be sent to the Welsh Government and that a copy of the report be brought to the attention of the Planning Committee.

 

Having considered the decision of Cabinet, it was

 

RESOLVED - T H A T the content of the report be noted.

 

Reason for decision

 

Having regard to the decision of Cabinet.

 

 

451     MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

RESOLVED - T H A T the following matter which the Chairman had decided was urgent for the reason given beneath the minute heading be considered.

 

 

452     TREES (DEER) -

 

(i)         14 and 15 Laburnam Way, Dinas Powys -

(Urgent by reason of the need to make a decision prior to the next meeting of the Committee)

 

An application had been received to remove two mature Oak trees and one mature Cherry.  The Oaks were located in the rear garden of No. 15 Laburnam Way, approximately 8 metres from that dwelling and some 12 metres from the adjoining dwelling at No. 14.  The trees were protected by Tree Preservation Order (TPO) No. 2, 1954, under an 'area' designation.  The Cherry was not protected, so the report before Committee concerned itself only with the Oaks.

 

The report concerned an application that had been made to the Council for the removal of two Oak trees from the property at No. 15 Laburnam Way.  Whilst the applicant was a Consultant Arboriculturalist based in Colchester, she was understood to act on behalf of the owner of No. 14 Laburnam Way i.e. the owner of the property adjoining the property within which the trees were located.  As the application had not been determined within the statutory period for the determination of such applications, an appeal had been made to the Welsh Government for 'non-determination'.  Consequently, the purpose of the report was to establish the Council's stance with regard to the proposal in order for the Council's case to be made at the appeal. 

 

The basis of the application was that the roots of the trees had caused subsidence to a single storey garage and utility room extension to No. 14 Laburnam Way.  As such the principle issues to consider in the Appeal were whether the subsidence was attributable to the trees in question, and whether their removal was necessary to remedy the damage, bearing in mind the amenity value of the trees. 

 

The application followed from an insurance claim for subsidence at No. 14 Laburnam Way.  The applicant had, therefore, carried out a number of tests in order to justify the removal of the trees protected by the TPO.  These included:

 

(i)        checks for soil type and presence of roots in trial pit and bore hole (to depth 1.0 metre)

(ii)       tests on soil plasticity and moisture content

(iii)      checks on levels - relative movement.

 

There were no findings of seasonal crack monitoring. 

 

In essence, the test findings were supplied as evidence that the damage which had occurred at No. 14 Laburnam Way was as a result of ground movement due in large part to water uptake and resultant soil shrinkage during the seasons, citing Oak Trees T5 and T6 (and T1 Cherry Tree which was not protected, and therefore not discussed in the report), as a major influence in producing the soil movement.  The applicant considered the Oaks needed to be removed following which the soil movement would be greatly lessened, and damage would be halted. 

 

The Arboriculturalist, the applicant stated that the information from the test was sufficient to demonstrate that, on the balance of probabilities, the Oaks and the Cherry were the material cause of the current subsidence damage.  In addition, it was stated that the other nearby trees and vegetation were not implicated by virtue of their dimensions and reduced characteristics.  In summary, the roots of the Oaks, although not particularly large in diameter had travelled under the foundations on the garage structure to a degree that the abstraction of water through these roots, and the contributory effect of the Cherry, were shrinking the soil beneath foundations to allow movement, occurring seasonally, in the structure above.  The Arboriculturalist had concluded that undertaking pruning works to the trees would not provide 'either and effective or sustainable means of controlling their water use'.

 

The report before Committee stated that there was evidence of damage to the garage and utility room, the patio and steps area and within the living room adjoining the garage structure.  Aside from the visible damage to the building, there was no evidence within the lawned area in the 'front' garden of No. 14 of large roots near the surface.  To the rear of No. 15 Laburnam Way (the actual site of these trees), the garden area had a raised section on which the trees were growing, around 8.0 metres from the boundary hedge centre.  Each tree appeared to have good buttressing with evidence that one major anchorage root (T6) which starts in the direction towards the property at 15 but had a marked curve emphasising its fall of direction downwards into the soil.

 

Without further investigation at the site, there was no evidence to contradict the contentions of the applicant. 

 

It had been noted, however, that there was a concentration of trees and established landscaping within the area and it was not understood to have been established that the roots observed in the single trial pit dug by the appellant were the roots of the two Oaks in question.

 

Notwithstanding this, the Council's Senior Building Control Officer had inspected the damage to the property at No. 14 and had established that, as this was more than superficial (i.e.  re-rendering alone would not remedy the problem), he was of the view that, regardless of whether or not the trees were removed, it was necessary to carry out substantial remedial work in order to prevent the garage and utility room from collapsing further.  The need for such works was further evident as the applicant had determined that the foundations under this section of the property were no more than 350mm deep.  Such foundations were wholly inadequate when compared to modern standards.

 

Whilst the applicant had considered the possibility of works to the foundations of the extension as a solution, she was of the view that expensive under-pinning could be avoided by removing the Oaks (and Cherry).  Committee's attention was drawn to the Building Research Establishments Digest Note 298 which dealt with low rise building foundations and the influence of trees in clay soils, and which dealt with possible solutions to soil shrinkage and subsidence in buildings.  When the trees were older than the buildings (as in this case), it was noted that felling trees while providing a cheap solution, could lead to possible ground heave problems as the ground re-hydrated. 

 

With hindsight, it was clear that the design and construction of the foundations of the extension should have taken into account the Oak trees that would obviously have been in close proximity to the development.  However, a reasonable solution was required, to prevent further damage to the extension. 

 

In view of the Senior Building Control Officers suggestions, and the likely need for underpinning works it was felt that the complete removal of the Oaks was a heavy handed solution to the problem.  Furthermore, it was clear that the removal alone of the Oak trees would not guarantee any further damage to the extension.  The removal of such established Oak trees even via the method suggested by the applicant, would itself have implications for the ground conditions, and may result in further ground movement in the location of the extension. 

 

Accordingly, it was considered that underpinning works, when carried out in combination with the works to prune the tree roots and the canopies correspondingly would be the most appropriate remedy to the structural problems without incurring the irreplaceable loss of two healthy established nature Oak trees.  The deeper foundations would prevent roots travelling under the dwelling, and therefore would limit water uptake and resultant soil shrinkage. 

 

In summary, the report stated that whilst there was obvious subsidence damage to the single storey extension at No. 14 Laburnam Way, it had not been conclusively established that the two TPO Oak trees subject to the report, had resulted or solely resulted in the ground condition that had in turn resulted in the subsidence damage.  Furthermore, it had not been proven beyond the balance of probabilities that the removal of these trees would resolve the subsidence problem.  Accordingly, the only clear solution to the problem would be improvement works to the foundations of the extension and these works, if carried out together with root and canopy pruning, would in all likelihood prevent any future damage to the extension.  There was not considered to be sufficient justification for the removal of the two TPO Oaks, the amenity value of which was significant.

 

RESOLVED -T H A T whilst it was recognised that the proposal was now the subject of a non-determination appeal, it was recommended that had the Council been in a position to determine this application, it would have been refused.  As such, it was recommended that the Council's case in the non-determination appeal be on the basis that the appeal was dismissed as follows:

 

REFUSED -

 

It is the opinion of the Local Planning Authority that, in view of the necessity to carry out improvement works to the foundations of the extension at 14 Laburnam Way and the fact that these works, if carried out together with root and canopy pruning, would prevent any future damage to the extension, there was insufficient justification for the removal of the two Oaks within the garden of 15 Laburnam Way, subject to the area Tree Preservation Order No. 2, 1954, the amenity value of which was significant.

 

 

453     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.

 

 

2009/01368/OUT     Received on 24 December 2009

(P.77)

Redrow Homes, C/o Agent.

Nathaniel Lichfield & Partners, Mr. Gareth Williams, 1st Floor, Westville House, Fitzalan Court, Cardiff., CF24 0EL

 

Land at St. Johns Well, St. Athan

 

Development of land at St. Johns Well for up to 100 dwellings, public open space and associated access

 

DEFERRED  for site visit.

 

 

2011/00630/ADV     Received on 30 June 2011

(P.123)

Tesco Stores Limited, C/o Agent.

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

 

The Castle Oak Public House, The Parade, Dinas Powys

 

Various signs

 

DEFERRED  for site visit.

 

 

2011/00671/FUL      Received on 7 July 2011

(P.129)

Tesco Stores Limited, C/o Agent.

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

 

The Castle Oak Public House, The Parade, Dinas Powys

 

Installation of ATM

 

DEFERRED  for site visit.

 

 

2011/00672/FUL      Received on 7 July 2011

(P.134)

Tesco Stores Limited, C/o Agent.

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

 

The Castle Oak Public House, The Parade, Dinas Powys

 

Installation of new shop front and external alterations

 

DEFERRED  for site visit.

 

 

2011/00645/FUL      Received on 29 June 2011

(P.141)

Mr. Justin Evans, Ty Draw Farm, St. Andrews major, Vale of Glamorgan., CF64 4HD,

Mr. Justin Evans, Ty Draw Farm, St. Andrews major, Vale of Glamorgan., CF64 4HD,

 

Ty Draw Barn, St. Andrews Major

 

Barn conversion and extension to form a residential dwelling

 

WITHDRAWN

 

 

2011/00713/FUL      Received on 20 July 2011

(P.151)

Mr. Cy Wisenden, Nant Fach, 98, Broadway, Cowbridge, Vale of Glamorgan., CF71 7EU

Mr. Cy Wisenden, Nant Fach, 98, Broadway, Cowbridge, Vale of Glamorgan., CF71 7EU

 

Nant Fach, 98, Broadway, Cowbridge

 

New single storey sunroom to rear of dwelling replacing existing conservatory

 

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 only relate to the amended plans reference P02A, P03A, P04A and P05A received on 26 August 2011 and the development shall be carried out strictly in accordance with these details other than as amended by Condition No. 3 below.

 

            Reason:

           

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

 

3.         Notwithstanding the submitted, amended plans the external walls of the development hereby approved shall be finished in render to match those of the existing building unless the Local Planning Authority gives written consent to any variation.

           

            Reason:

           

            To safeguard local visual amenities, as required by Policy ENV27 of the Unitary Development Plan.

 

 

2011/00770/FUL      Received on 2 August 2011

(P.156)

Tony King Architects Ltd., 97a, Glebe Street, Penarth, Vale of Glamorgan., CF64 1EE

Tony King Architects Ltd, 97A, Glebe Street, Penarth, Vale of Glamorgan., CF64 1EE

 

79-83, Main Street, Barry

 

Refurbishment of the existing ground floor retail unit and seven flats to 79-83 Main Street to form six two bed flats and three one bed flats and associated works.

 

CONCLUSION

 

RESOLVED - T H A T 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; HOUS2 – Additional Residential Development; HOUS8 – Residential Development Criteria – Policy HOUS2 Settlements; HOUS11 – Residential Privacy and Space, TRAN10 – Parking; and SHOP 9 – Protection of Retail Uses, the proposed scheme is considered acceptable in respect of layout, material and finishes, and is considered acceptable having regard to highway considerations and impact on the amenity of existing and future occupiers. 

 

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.         Prior to their installation on site, details of the proposed photovoltaic panels (including technical specifications) shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be carried out in full 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.

 

3.         Notwithstanding the submitted plans, the consent hereby granted does not relate to the proposed window shown to serve Bedroom 2 of Flat 2. An amended scheme detailing a means of restricting opportunities of overlooking from this window shall be submitted to and approved in writing by the Local Planning Authority prior to its installation on site and the development shall thereafter be carried out in accordance with the approved details prior to first beneficial occupation of Flat 2, and thereafter retained at all times.

           

            Reason:

           

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

 

4.         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 discharge, either directly or indirectly, into the public sewerage system, unless otherwise agreed in writing by the Local Planning Authority.

           

            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.

 

5.         Prior to their use in the construction of the development hereby approved, samples of ridge tiles, roof tiles  and reconstituted stone

           

            Reason:

           

            To ensure a satisfactory standard of development and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

6.         Any site / clearance works affecting the buildings should only be undertaken outside the nesting season, which is generally recognised to be from March to August inclusive, unless it can be demonstrated that nesting birds are absent and information to that effect shall be submitted to and agreed in writing by the Local Planning Authority prior to clearance works commencing.

           

            Reason:

           

            In order to ensure that no protected species are adversely affected by the development and to ensure compliance with Policy ENV16 of the Unitary Development Plan.

 

7.         Prior to the commencement of any works at the site, details of a scheme for the placement of nest boxes (targeted at swifts) shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be fully implemented prior to first beneficial occupation of nay of the units hereby approved and retained thereafter unless otherwise agreed in writing by the Local Planning Authority.

           

            Reason:

           

            To comply with Unitary Development Plan Policy ENV16 to secure the long-term protection of the species and to demonstrate local authority compliance with S40 of the NERC Act 2006.

 

 

2011/00812/FUL      Received on 17 August 2011

(P.170)

Coastal Oil and Gas Limited, 9, Bridgend Business Centre, Bridgend Industrial Estate, Bridgend., CF31 3SH

Coastal Oil and Gas Limited, 9, Bridgend Business Centre, Bridgend Industrial Estate, Bridgend., CF31 3SH

 

Unit 1, Llandow Industrial Estate, Llandow

 

Drill and test the insitu lower limestone and associated strata for the presence of gas

 

The Chairman advised the Committee of the receipt of a letter from the Decisions Manager, Planning Division of the Welsh Government which stated that it had been decided that this application should not be called in for determination by the Welsh Ministers and that it was now for the Vale of Glamorgan Council to determine the application as it saw fit.

 

DEFERRED  for site visit.

 

(Note: Councillor G. John spoke on this matter with the consent of the Committee.)

 

 

2011/00801/RG3      Received on 15 August 2011

(P.185)

Vale of Glamorgan Council, Director of Finance, ICT & Property, Civic Offices, Holton Road, Barry., CF63 4RU

Paul Scourfield, Vale of Glamorgan Council, Property Section, Civic Offices, Holton Road, Barry., CF63 4RU

 

4, Stewart Road, Rhoose

 

Replacement of glazing units

 

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.

 

 

2011/00838/RG3      Received on 25 August 2011

(P.189)

Jane Wade, Vale of Glamorgan Council, Civic Offices, Holton Road, Barry, Vale of Glamorgan, CF63 4RU

Kelly Williams, Vale of Glamorgan Council, Civic Offices, Holton Road, Barry, Vale of Glamorgan, CF63 4RU

 

Civic Offices, Holton Road, Barry

 

Alter existing flat roof to pitched roof for the installation of PV systems

 

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.

 

 

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