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PLANNING COMMITTEE

 

Minutes of a meeting held on 20th October, 2011.

 

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, Ms. V.L. Ellis, A.M. Ernest, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, N.P. Hodges, Mrs. A.J. Preston, R.P. Thomas, Mrs. M.R. Wilkinson and M.R. Wilson.

 

Also present: Councillors Mrs. S.M. Bagstaff, G. John, Mrs. M. Randall and J.W. Thomas.

 

 

534     APOLOGIES FOR ABSENCE -

 

These were received from Councillors F.T. Johnson, Mrs. M. Kelly Owen and Ms. M. Wright.

 

 

535     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 29th September, 2011 be approved as a correct record.

 

 

536     DECLARATIONS OF INTEREST -

 

The following Councillors declared an interest:

 

Councillor J.C. Bird

Agenda Item No. 10 - Application 2011/00862/FUL - Owns business

Agenda Item No. 10 - Application 2011/00812/FUL - Owns business adjacent to site

Councillor Bird vacated the room whilst these matters were under considered.

Councillor E. Hacker

Agenda Item No. 6 - Application No. 2011/00892/PND - Member of Trust Committee.

 

In referring to Application No. 2011/00812/FUL, Councillor M.R. Wilson advised that he had formed no pre-determined views on the Application.

 

 

537     SITE INSPECTION (DLPPHS) -

 

RESOLVED - T H A T the attendance of the following Councillors at the site indicated below on 29th September, 2011 be noted:

 

Apologies for absence were received from Councillors R.J. Bertin, Mrs. M. Kelly Owen, R.P. Thomas, Mrs. M.R. Wilkinson and M.R. Wilson.

 

(a)       Nant Fach, 98 Broadway, Cowbridge

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

 

 

538     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.

 

 

539     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

 

2011/00623/FUL

 

A

 

GM2 House, Plymouth Road, Penarth

 

Change of use of ground floor from office (Class B1) to student accommodation/student boarding house (Class C1), with associated works and parking.

 

 

2011/00681/LBC

 

A

 

79, Eastgate, Cowbridge

 

Replacement windows to ground floor front elevations, internal alterations and removal of timber framed building to rear garden

 

 

2011/00736/ADV

 

R

 

272, Holton Road, Barry

 

Retention of fascia and projecting advertisement signs

 

 

2011/00749/FUL

 

A

 

56, Heol Y Frenhines, Dinas Powys

 

Proposed rear dormer loft conversion to existing domestic dwelling

 

 

2011/00756/FUL

 

A

 

68, Eastgate, Cowbridge

 

Erection of awning, sign and external lighting

 

 

2011/00760/FUL

 

A

 

Gwynfa, Penllyn

 

Extension above existing garage, conversion of garage to study and internal alterations

 

 

2011/00766/FUL

 

A

 

11, Cedar Way, Penarth

 

Proposed rear single storey extension and two storey granny annex.

 

 

2011/00768/FUL

 

A

 

4, Mount Pleasant, Barry

 

Alter east coach house to raise stone walls and construct new slate pitch roof, timber windows and doors

 

 

2011/00772/FUL

 

A

 

28, Fairfield Rise, Llantwit Major

 

Single storey extension to rear of existing dormer bungalow

 

 

2011/00786/FUL

 

A

 

24, Cwrt Y Vil Road, Penarth

 

Single storey lean-to extension incorporating kitchen and living area

 

 

2011/00788/FUL

 

A

 

Walterston Fach, Walterston, Barry

 

Installation of freestanding solar panels

 

 

2011/00796/FUL

 

A

 

The Old Barn, St. Mary Church

 

Replacement conservatory to rear elevation

 

 

2011/00798/FUL

 

A

 

2, Leigh Close, Llantwit Major

 

Single storey extension to rear of dwelling for a kitchen/utility room.  Attached garage to side of dwelling

 

 

2011/00804/FUL

 

A

 

Queen Camel, Swanbridge Road, Sully

 

Erection of a conservatory to the rear of the property

 

 

2011/00820/FUL

 

A

 

8, Forrest Road, Penarth

 

Replacement garage and single storey rear extension

 

 

2011/00826/FUL

 

A

 

4, Tair Onen, Cowbridge

 

Detached garage and garden store

 

 

2011/00836/FUL

 

A

 

28, Minehead Avenue, Sully

 

Enlargement of existing dormer to front elevation, formation of new dormer to rear elevation with new extension to ground floor

 

 

2011/00837/FUL

 

A

 

Wimborne Road, Barry

 

Change of use to bus/coach parking area with drivers cars included

 

 

2011/00840/FUL

 

A

 

14, Raglan Close, Dinas Powys

 

Single storey conservatory

 

 

2011/00489/FUL

 

A

 

Castle Lodge, St. Georges Super Ely

 

New house to replace existing

 

 

2011/00560/FUL

 

A

 

Walterston Farm, Walterston, Llancarfan

 

New barn for housing livestock

 

 

2011/00595/FUL

 

R

 

29, Colcot Road, Barry

 

Rear and side two storey extension and loft conversion

 

 

2011/00617/FUL

 

A

 

14, Crescent Close, Cowbridge

 

Proposed two storey side extension, single storey rear and side extension with balcony, and timber deck area to the rear

 

 

2011/00669/FUL

 

R

 

37, Main Street, Barry

 

Change of use required from retail A1 to D1 class.  Building was previously used as a motor factors, we plan to use it as a theatre and dance school.

 

 

2011/00758/FUL

 

A

 

29, Windsor Terrace, Penarth

 

Alterations and extension to kitchen, alteration to first floor rear bedroom window and demolition of garage and new boundary wall.

 

 

2011/00775/FUL

 

A

 

3, Windsor Place, Penarth

 

Extension to the first floor of a two storey commercial building

 

 

2011/00811/FUL

 

A

 

21, Morgan Street, Barry

 

Erection of a single storey rear extension

 

 

2011/00815/FUL

 

A

 

2, Waun Ganol, Penarth

 

Retention and extension of conservatory to rear

 

 

2011/00819/FUL

 

A

 

Llangan, Treoes CF35 5DL

 

Stables on land between Treoes and Llangan

 

 

2011/00823/FUL

 

A

 

16, Llanmead Gardens, Rhoose

 

Convert garage to living room

 

 

2011/00830/FUL

 

A

 

1, The Court, Corntown

 

Conversion of a double garage to a granny flat

 

 

2011/00835/FUL

 

R

 

The Jays, 7, Wick Road, Ewenny

 

Erection of new four bedroom house with integral garage

 

 

2011/00861/FUL

 

A

 

Gwdi Hw Cottage, Trerhyngyll

 

Proposed single storey extension to existing study

 

 

2011/00610/FUL

 

A

 

219/221, Holton Road, Barry

 

Conversion of existing retail and office into 2 no. residential dwellings

 

 

2011/00716/FUL

 

R

 

The Bungalow, Curnix Farm, Moulton

 

Retention of hay barn/tractor shed

 

 

2011/00782/FUL

 

A

 

Marco's Cafe, Paget Road, Barry Island

 

Raise seating areas to south and east of cafe with construction of glazed canopy over

 

 

2011/00791/FUL

 

A

 

5, Regency Close, Llantwit Major

 

Conservatory

 

 

2011/00793/FUL

 

R

 

1, Crosshill, Barry

 

Proposed first floor conservatory

 

 

2011/00797/FUL

 

R

 

Pant Caredig, Llysworney

 

Rear extension comprising kitchen and bedroom plus internal re-planning

 

 

2011/00800/FUL

 

A

 

2, Cora Street, Barry

 

Refurbishment and alterations of existing house and outbuilding to three flats

 

 

2011/00803/FUL

 

A

 

169, Lavernock Road, Penarth

 

Rear extension and loft conversion to existing

 

 

2011/00808/FUL

 

A

 

13, Windsor Road, Penarth

 

Proposed conversion of existing flat (over 1st & 2nd floors) into two self-contained flats above Coffee#1 commercial premises

 

 

2011/00817/FUL

 

A

 

The Eastleigh, Castle Precinct, Llandough

 

First floor extension over existing ground floor, conversion of existing garage to form study and storage and associated works

 

 

2011/00818/FUL

 

A

 

25, Britten Road, Penarth

 

Build a Ubber room Extension (mainly SIP panel construction) onto existing kitchen / pantry area

 

 

2011/00827/FUL

 

A

 

13, Cefn Mount, Dinas Powys

 

Second floor extension to rear bedroom, with balcony area to side.

 

 

2011/00828/FUL

 

A

 

Gwenith Gwyn, Windmill Close, Wick

 

New single storey domestic extension and detached garage to an existing two storey dwelling

 

 

2011/00834/FUL

 

A

 

The Rise, Highwalls End, Dinas Powys

 

Extension to garage and bespoke glass rooms/canopy

 

 

2011/00842/FUL

 

A

 

2, Castle Court, Castle Drive, Dinas Powys

 

Single storey rear extension and Internal redesign

 

 

2011/00859/FUL

 

A

 

Unit 16, BSC, Hood Road, Innovation Quarter, Barry

 

Change of use from B1 to sui generis for the purposes of a Driving Test Centre, with allocated parking

 

 

2011/00892/PND

 

A

 

Lower School, Town Mill Road, Cowbridge

 

Demolition of former school building and associated buildings

 

 

           

 

 

540     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 - March 2012 as detailed in the report be noted.

 

 

541     TREES (DEER) -

 

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

 

Decision Codes

 

A    -    Approved

E         Split Decision

 

R    -    Refused

 

2011/00792/TPO

 

A

 

44, South Road, Sully

 

Fell 12 pines

 

 

           

 

 

542     ENFORCEMENT ACTION (DEER) -

 

(i)         Land and Buildings at The Bungalow, Curnix Farm, Moulton -

 

The site subject to the report was situated in the open countryside in the area of Curnix, Moulton, northeast of the village of Penmark.  The site was a field located to the northeast of a relatively isolated residential property known as The Bungalow, Curnix Farm.  The bungalow was adjoined by a separate barn conversion and associated farm house.  The field had its own separate vehicle single track access from the adjoining highway to the east of the site. 

 

An enforcement investigation, reference 2008/0075/PRO had been initiated regarding an unauthorised building being erected at a field to the rear of The Bungalow, Curnix Farm.  The site had been inspected and it was noted that a building, subject to this current application had been erected in the open countryside as well as a number of miscellaneous items, including a boat, trailers, portacabins and waste.  The majority of these miscellaneous items had subsequently been removed from the land. 

 

The building was a timber structure with a metal frame and a very shallow pitched roof, and was located within an existing yard area.  The building measured 2.9 m high to the ridge and a footprint of 8.1 m depth and 9.2 m wide.  As the site was not an established agricultural unit, and no prior notification application had been submitted or approved for the building, the works to erect the building were considered unauthorised and a breach of planning control.

 

Initially, the owner stated that the building was used to store agricultural machinery and hay when he would work the surrounding agricultural land.  In addition to the agricultural building, there were a number of miscellaneous items including two or three boats, trailers, a caravan, portacabins, tyres, large petrol lawnmowers, a generator etc. that were also being stored at the yard that were not being used in conjunction with any associated agricultural use. 

 

As the unauthorised building did not have the benefit of planning permission, an application 2009/00163/FUL was submitted to regularise the building on the basis that it was being used for agriculture.  Despite the stated use of the building for agriculture, no information was submitted with the proposal to demonstrate the need for agricultural purposes.  Attempts were made to gather this information from the applicant but unfortunately no information was submitted.  Accordingly, the Council had no alternative other than to refuse the application based on the insufficient information submitted.  It was noted that the applicant had suggested that he never received any of the correspondence during the initial application or the refusal of planning permission, otherwise he would have submitted the information and appealed the refusal.  As such, the applicant was advised to submit a revised application with additional information and to clear the land of all of the miscellaneous items sited on the land, including the boats, caravans, vehicles and portacabins. 

 

In view of the above, a second application was submitted for the retention of the agricultural building on the land.  The more recent application, whilst no different in its proposal to retain the building, was a revised scheme which provided additional and up to date information on the associated agricultural operations and the need for the building.  In addition, a large number of breaches had been resolved at the site, by the majority of the miscellaneous items being removed, as requested by the Council.  All that remained on the site was the unauthorised building, subject to the report, a green container and a propagation unit.

 

These other two items were considered to be beyond the scope enforcement action by virtue of the time that they had been sited on the land.

 

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 1980 (as amended) to require:

 

(i)         The removal of the building from the land and break up the concrete hardstanding.

 

(ii)        The removal from the land of any resultant waste arising from complying with criterion (i).

 

(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 building is unnecessary agricultural development and is, therefore, contrary with the countryside protection principles of Policy ENV1 - Development in the Countryside and the agricultural development criteria of EMP8 - Agricultural Enterprise and Associated Development.  In addition, the building is considered to have a detrimental impact upon the visual amenities of the unspoilt surrounding Special Landscape area contrary to the objectives of ENV4 - Special Landscape Area and ENV27 - Design of New Developments of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011.

 

 

(ii)        Land and Buildings at Springbank Nursing Home, College Road, Barry -

 

A complaint had been received on 30th March, 2011 regarding a chimney stack erected at Springbank Nursing Home, College Road, Barry.

 

The property was a Grade II Listed Building within the settlement boundary of Barry.  The property was a three storey detached building that was used as a Nursing Home, which was bound by College Road, residential properties and the Vale Resource Centre.  Prior to 1982, the building had been used as residential flats before planning permission was granted to convert the building into a nursing home.

 

Following an initial site inspection, it had been noted that two chimney flue stacks had been erected to the rear of the property along with an extraction unit (an air inlet duct) in front of a lower level window.  The flues were sited to the rear (northwest) elevation of the existing building.

 

The air inlet duct had been installed through an existing panel in a window and served the kitchen.  One of the external flues also served the kitchen and was sited 1.6 m above ground floor level and extended to a height of 6.3 m, 7.9 m above ground floor level.  The additional flue served the boiler measuring 9.5 m in height from the ground floor level.  The flues were fixed by brackets to the external wall, and the finish of the flues and their inlet were prefabricated metal.

 

As the property was commercial and did not benefit from any permitted development works, it was considered that the chimney flue stacks and air inlet duct were works of a material alteration to the appearance of the building that required the benefit of both planning permission.  As no such permission had been granted, the development was unauthorised and in breach of planning control.

 

Furthermore, as the property was a Grade II Listed Building, the property was afforded protection under the Planning (Listed Buildings and Conservation Areas) Act 1990.  It was a criminal offence under Section 7 of the above Act (punishable by a fine and, ultimately by imprisonment) to execute or cause to be executed any works of demolition, alteration or extension of a Listed Building in any manner which would affect its character as a building of special architectural or historic interest, without first obtaining Listed Building Consent.  Again, as the works were considered to affect the special character of the building, they were works which required the benefit of Listed Building Consent.  Accordingly, as no such consent had been granted, the development was not only unauthorised and in breach of planning control but also in breach of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

The Committee were advised that the agent for the recently refused planning application had claimed that an historical consent, reference 1990/00429/LBC and 1990/00428/FUL had been granted for the boiler flue attached to the building.  Having inspected the consent, the report stated that it did not appear that a boiler flue was shown on the plans submitted with the 1990 applications and that the flue was a different scale and height to the one existing on site at present.  Furthermore, the flue was not mentioned in the application forms 'proposed description of works' and no mention was made of the flue in the officers report.  Furthermore, the officer dealing with the application had annotated on the approved plans, indicating that the flue in question was already in position at the time of the site visit.  It was believed that this suggested that the flue was on site already and did not form part of the alterations approved in the 1990 application.

 

Accordingly, it was considered that the flue on site during the 1990 application had been removed and replaced with the boiler flue subject of the report, without the appropriate planning permission or Listed Building Consent.  Consequently, the works to erect the boiler flue were still considered to be a breach of planning control and breach of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

The owners of the nursing home had been advised that, in order to resolve the matter they must either submit the necessary application in an attempt to retain the development or remove the flues and inlet duct from the building.

 

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 removal of all external elements of the two extractor flue chimneys, air inlet duct and casing from the land

 

(ii)        make good any exposed openings on the building in materials to match the existing.

 

(2)       T H AT the Director of Legal, Public Protection and Housing Services be authorised to serve a Listed Building Enforcement Notice under Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to require:

 

(i)         the removal of all external elements of the two extractor flue chimneys, air inlet duct and casing from the land

 

(ii)        make good all exposed surfaces and openings on the building in a manner that is in keeping with the character and appearance of this Listed Building.

 

(3)       T H A T in the event of non-compliance with either of the Notices, authorisation be also granted to take such legal proceedings as may be required.

 

Reasons for decisions

 

(1)       The two flues and air inlet, by nature of their scale, design, materials and siting on a Grade II Listed Building, represent insensitive and inappropriate additions to this Grade II Listed Building which adversely affect the special character and appearance of the Listed Building.  The development is also considered to have an unacceptable impact on the amenity of the occupiers of the adjoining properties.  The development is, therefore, contrary to Policies ENV17 - Protection of the Built and Historic Environment, ENV27 - Design of New Developments and EMP2 - New Business and Industrial Development of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011.

 

(2)       The two flues and air inlet, by nature of their scale, design, materials and siting on a Grade II Listed Building, are not considered to preserve the building or features of special architectural or historic interest which it possesses.  As such, the works are contrary to guidance provided in Welsh Office Circular 61/96 - Planning and the Historic Environment: Historic Buildings and Conservation Areas.

 

(3)       To enable such legal proceedings to take place as may be required.

 

 

543     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.28)

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

 

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

 

·                    Procure that at least 30% of the dwellings built pursuant to the planning permission are built and thereafter maintained as affordable housing units in perpetuity, of which at least 65% would be social rented properties, and the remaining 35% would be intermediate properties. 

 

·                    Pay a contribution of £100,000 towards sustainable transport facilities in the vicinity of the site.

 

·                    Public open space will be provided on site in the form of at least 1 No. Local Equipped Area for Play (LEAP) with 6 types of equipment, which shall be provided in accordance with a scheme to be approved by the Local Planning Authority.

 

·                    The developer shall make appropriate provision for the future maintenance of the public open space or if the Developer and Local Authority agree, may transfer the public open space to the Council free of charge and pay a contribution of £60,000 as a commuted sum to cover the costs of future maintenance of the public open space for 20 years.

 

·                    Pay a contribution of £110,000 to provide or enhance community facilities which may include open space or recreational facilities and incorporating public art in the vicinity of the site.

 

·                    The Legal Agreement will include the standard clause requiring the payment of a fee to monitor and implement the legal agreement (£6000 in this case). 

 

APPROVED subject to the following condition(s):

 

1.         Approval of the layout, scale, appearance and landscaping of the development (hereinafter called `the reserved matters`) shall be submitted to and approved by the Local Planning Authority before any development is commenced.

           

            Reason:

           

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

 

2.         Application for approval of the reserved matters hereinbefore referred to must be made not later than the expiration of 18 months from the date of this permission.

           

            Reason:

           

            To ensure that the development is implemented and progresses in a timely manner with specific regard to the current economic circumstances and state of the housing market which have been important material considerations in the determination of this application and the related legal agreement and in accordance with Welsh Assembly Government advice contained in Delivering Affordable Housing Using Section 106 Agreements: A Guidance Update (2009).

 

3.         The development to which this permission relates must be begun not later than whichever is the later of the following dates:

           

            (a)        The expiration of two years from the date of this permission, or

           

(b)       The expiration of one year 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 ensure that the development is implemented and progresses in a timely manner with specific regard to the current economic circumstances and state of the housing market which have been important material considerations in the determination of this application and the related legal agreement and in accordance with Welsh Assembly Government advice contained in Delivering Affordable Housing Using Section 106 Agreements: A Guidance Update (2009).

 

4.         All of the dwellings constructed as part of the development hereby approved shall be substantially completed (to a point that would enable beneficial occupation) within 4 years of 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 ensure that the development is implemented and progresses in a timely manner with specific regard to the current economic circumstances and state of the housing market which have been important material considerations in the determination of this application and the related legal agreement and in accordance with Welsh Assembly Government advice contained in Delivering Affordable Housing Using Section 106 Agreements: A Guidance Update (2009).

 

5.         As part of the discharge of Condition No. 1 above, and prior to the commencement of the construction of any of the dwellings, details of the finished levels of the site and dwellings, in relation to existing ground levels shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

           

            Reason:

           

            To ensure that the visual amenity of the area is safeguarded, and to ensure the development accords with Policy ENV27 of the Unitary Development Plan.

 

6.         Notwithstanding the submitted plans and prior to the commencement of any works on site, full engineering drawings and design calculations of the proposed vehicular / pedestrian access to the site, which shall be in accordance with the layout shown on Tighe Planning Associates Plan ref: Figure 3.2, to include vision splays, sections, drainage and gradients details, shall be submitted to and approved in writing by the Local Planning Authority. The access shall thereafter be constructed in accordance with the approved details.

           

            Reason:

           

            To ensure the provision on safe access for the site to serve the development in the interests of highway safety, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

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

           

            Reason:

           

            To ensure highway safety and that the amenities of the area are not adversely affected and in order to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

8.         Prior to the first beneficial occupation of the development hereby approved, a full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority, which shall 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 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 Policies 2, 8 and ENV27 (Design of New Developments) of the Unitary Development Plan.

 

9.         Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority, to include details of parking for construction traffic, the proposed routes for heavy construction vehicles, timings of construction traffic and means of defining and controlling such traffic routes and timings, shall be submitted to and approved in writing by the Local Planning Authority, and the development shall at all times thereafter be carried out in accordance with the approved details unless the Local Planning Authority gives prior written consent to any variation.

           

            Reason:

           

            To ensure that the parking provision and highway safety in the area are not adversely affected and to meet the requirements of Policies TRAN10 and ENV27 of the Unitary Development Plan.

 

10.      A noise attenuation scheme shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters referred to in Condition No. 1, which shall include details of noise levels and a comprehensive plan to demonstrate how the dwellings will be protected from external noise sources. The development shall be constructed and at all times thereafter maintained in accordance with the approved details.

           

            Reason:

           

            To safeguard the amenities of the occupiers of the proposed development, and to ensure compliance with the terms of Policies ENV27 and ENV 29 of the Unitary Development Plan.

 

11.      A landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority as part of the reserved matters referred to in Condition No. 1 which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development.

           

            Reason:

           

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

 

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

           

            Reason:

           

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

 

13.      No development approved by this permission shall commence until the applicant, or their agents or successors in title, has secured the implementation of a written programme of archaeological work in accordance with a written scheme of investigation which shall be submitted by the applicant and approved in writing by the Local Planning Authority and the programme and scheme shall be fully implemented as defined in the approved details.

           

            Reason:

           

            In order that archaeological operations are undertaken to an acceptable standard and that legitimate archaeological interest in the site is satisfied and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

 

14.      No development shall take place until such a time as a scheme to dispose of surface water (to include SUDS where appropriate and a scheme to treat and remove suspended solids from run off) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall:

 

-           Ensure that run-off from the development will not exceed that of the existing site and/or the limiting capacity of the downstream culvert at St. John's Well in accordance with Sections 3.2 and 4 of the FCA (Ref: 264722/CAR/01/B), dated December 2009.

 

-           Include detailed adoption and management to ensure the scheme remains effective.

           

            Reason:

 

            To manage the risk of flooding from surface water run-off resulting from the development and to ensure compliance with Policy ENV7 of the Unitary Development Plan.

 

15.      The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul sewerage has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter maintained in accordance with the approved details.

           

            Reason:

           

            To prevent pollution of the environment and to ensure compliance with Policies ENV7, ENV27 and ENV29 of the Unitary Development Plan.

 

16.      The development hereby permitted shall not be commenced until such time as a method statement which details mitigation measures to be used during the construction phase of the development to prevent pollution to the watercourse that runs along the northern boundary of the site , have been submitted to and approved in writing by the Local Planning Authority. the development shall thereafter be carried out in accordance with the approved details.

           

            Reason:

           

            In order to prevent pollution to the watercourse and to ensure compliance with Policies ENV7, ENV27 and ENV29 of the Unitary Development Plan.

 

17.      Prior to the first beneficial occupation of any of the dwellings, a scheme for the provision and management of a buffer zone alongside the watercourse shall be submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the Local Planning Authority. The scheme shall include:

 

            -           Plans showing the extent and layout of the buffer zone.

 

-           Details demonstrating how the buffer zone will be protected during development and managed/maintained over the longer term.

           

            -           Details of any footpaths and fencing.

 

            Reason:

 

            Development that encroaches on watercourses has a potentially severe impact on their ecological value and to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

 

18.      None of the dwellings hereby approved shall be beneficially occupied until the required foul sewerage infrastructure improvements have been completed, in accordance with a scheme that shall have first been submitted and approved in writing by the Local Planning Authority (LPA), and the LPA have been informed in writing of their completion.

                       

            Reason:

                       

            To mitigate hydraulic overloading of the public sewerage system and to ensure compliance with Policies ENV7 and ENV27 of the Unitary Development Plan.

 

19.      The development shall be carried out in full accordance with the mitigation and compensation measures set out in the Aspect Ecology Great Crested Newt Mitigation Strategy, dated June 2010.

           

            Reason:

           

            In order to ensure that Great Crested Newts are not adversely impacted as a consequence of the development and to ensure compliance with Policy ENV16 of the Unitary Development Plan.

 

20.      Prior to the commencement of development, a comprehensive Habitat Management Plan shall be submitted to and approved in writing by the Local Planning Authority, to address the management of the 'habitat mitigation area' and the development shall only proceed in accordance with the approved Plan. The plan shall include measures for (but not exhaustively) management of grassland, the watercourse and hedgerows, tree planting, bats, reptiles and nesting boxes for birds.

           

            Reason:

           

            In order to ensure that the adequate ecological mitigation and enhancement is delivered and to ensure compliance with Policies ENV11, ENV16 and ENV27 of the Unitary Development Plan.

 

21.      Any vegetation clearance should be done 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.

           

            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.

 

22.      Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category ‘Ene1 - Dwelling Emission Rate’ in accordance with the requirements of Code for Sustainable Homes: Technical Guide November 2010. The development shall be carried out entirely in accordance with the approved assessment and certification.

           

            Reason:

           

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

 

23.      Construction of any dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under ‘Ene1 - Dwelling Emission Rate’, has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide November 2010.

           

            Reason:

           

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

 

24.      Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes ‘Final Certificate’’ shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under ‘Ene1 - Dwelling Emission Rate’, has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide November 2010.

           

            Reason:

           

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

 

25.      The reserved matters application associated with this outline permission shall make provision for the retention of public access through the site that shall connect with the existing access points into the site of St. Athan footpaths 1 and 2. Where the existing path requires extinguishment (subject to provision of an appropriate alternative such as adopted footway) or diversion the applicant should seek an appropriate public path order under s257 of the Town and Country Planning Act 1990 by contacting the Public Rights of Way section directly.

           

            Reason:

           

            In order to protect a public right of way through the site and to ensure compliance with Policy ENV 27 of the Unitary Development Plan.

 

 

2011/00573/FUL      Received on 10 June 2011

(P.74)

Mr. Granville John, 158, Westbourne Road, Penarth, Vale of Glamorgan., CF64 5BQ

Mr. John Gaffney, 49, St. Edwens Gardens, Heath, Cardiff., CF14 4JZ

 

158, Westbourne Road, Penarth

 

Loft conversion and dormer

 

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 plans registered on 10 June 2011 other than where amended by plans reference Planning 1B and Planning 2B received on 5 September 2011 and 9 September 2011.

           

            Reason:

           

            To ensure a satisfactory form of development and for the avoidance of doubt as to the approved plans in compliance with Policy ENV27 of the Unitary Development Plan.

 

 

2011/00629/FUL      Received on 30 June 2011

(P.81)

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 three air conditioning units and one condenser unit

 

DEFERRED  to allow the comments of Environmental Health to be considered.

 

 

2011/00630/ADV     Received on 30 June 2011

(P.87)

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

 

SPLITDECISION

 

REFUSED

 

1.         The proposed gantry sign due to its scale and location, divorced from the retail unit it serves and combined with its prominent position in an area of open space would be detrimental to the visual amenities of the residential estate entrance and thus to the visual amenities enjoyed by residents of the area.

 

2.         The internally illuminated projecting sign to the front of the property and the internally illuminated southern facing fascia sign (Elevation D, plan 101179/AL16) would when combined with the signage to be approved lead to advertisement clutter and be detrimental to the visual amenities enjoyed by residents in the area.

 

APPROVED subject to the following condition(s):

 

1.         This consent shall not relate to the gantry sign, projecting sign and facia sign to the southern elevation (Elevation D, plan 101179/AL16).

           

            Reason:

           

            The signs are considered to be detrimental to the visual amenities of the area.

 

2.         This consent shall relate to the plans registered on 30 June 2011 other than where amended by plans reference 101179 AL16 received on 9 August 2011.

           

            Reason:

           

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

 

3.         This permission shall remain valid for a period of five years from the date of this consent.

           

            Reason:

           

            To comply with Regulation 13(5) of the Town and Country Planning (Control of Advertisements) Regulations, 1992.

 

4.         Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

           

            Reason:

           

            To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations, 1992.

 

5.         Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

           

            Reason:

           

            To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations, 1992.

 

6.         Where the advertisement is required under these Regulations to be removed, the removal shall be carried out to the satisfaction of the Local Planning Authority.

           

            Reason:

           

            To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations, 1992.

 

7.         No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

           

            Reason:

           

            To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations, 1992.

 

8.         No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

           

            Reason:

           

            To comply with the provisions of the Town and Country Planning (Control of Advertisements) Regulations, 1992.

 

 

2011/00671/FUL      Received on 7 July 2011

(P.93)

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

 

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.

 

 

2011/00672/FUL      Received on 7 July 2011

(P.98)

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

 

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.         Within one month of the completion of the development hereby approved the parking  and delivery areas shall be marked out on site as indicated on Drawing No. 101179/AL08E and the parking and delivery areas shall thereafter be so retained at all times to serve the retail unit.

           

            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 TRAN10 and ENV27 of the Unitary Development Plan.

 

3.         This consent shall relate to the plans registered on 7 July 2011 other than where amended by Plan Ref: 101179/AL11E received on 9 August 2011.

           

            Reason:

           

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

 

4.         Details of the type and colour finish of the proposed timber cladding and means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority prior to their installation on site and the cladding and any means of enclosure shall be installed / erected in accordance with the approved details.

           

            Reason:

           

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

 

 

2011/00654/FUL      Received on 4 July 2011

(P. 105)

Mr. Phillip Finlay, WKD Developments Limited, Lydden Hill Circuit, Canterbury, Kent., CT4 6ET

Mr. Jonathan Williams, Robertson Francis Partnership, 5-7, Museum Place, Cardiff., CF10 3BD

 

Former Wesley Court Centre, Station Road, Dinas Powys

 

Replacement of former village hall building with residential development comprising six 4 bed semi detached 2/3 storey houses and two 2 bed apartments in a single 2 storey building, all with private car parking and amenity space

 

RESOLVED - T H A T subject to the applicant first entering into a Section 106 Legal Agreement or unilateral undertaking to include the following necessary planning obligations:

 

·                    The developer shall pay the sum of ten thousand pounds (£10,000) to the Council to provide or enhance Community Facilities in the vicinity of the site.

 

·                    The developer shall pay the sum of eighteen thousand, two hundred and forty pounds (£18,240) to the Council to provide or enhance public open space off site.

 

The Legal Agreement will include the standard clause requiring the payment of a fee set at 2% of the value of the overall contribution (£564.80 in this case).

 

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 following schedule of plans and documents:

           

-           Site Location Plan, Drawing No. DP100 Rev A, amended plan received 11 August 2011.

           

-           Proposed Site Plan, Drawing No. DP110 Rev C, amended plan received 23 September 2011.

           

-           Proposed Ground Floor Plans Semi-Detached Houses, Drawing No. DP300, registered 4 July 2011.

           

-           Proposed First Floor/Roof Plans Semi-Detached Houses, Drawing No. DP301 Rev A, amended plan received 23 September 2011.

           

-           Proposed Front/Rear Elevations Semi-Detached Houses, Drawing No. DP310, registered 4 July 2011.

           

-           Proposed Side Elevations Semi-Detached Houses, Drawing No. DP311, registered 4 July 2011.

           

-           Proposed Floor/Roof Plans Apartments, Drawing No. DP400, registered 4 July 2011.

           

-           Proposed Elevations Apartments, Drawing No. DP410, registered 4 July 2011.

           

-           Proposed Site Section A-A, Drawing No. DP500, registered 4 July 2011.

           

-           Proposed Site Section B-B, Drawing No. DP501, additional drawings received 23 September 2011.

           

-           Tree Constraints Plan, additional drawings received 11 August 2011.

           

-           Tree Survey dated 8 August 2011, additional drawings received 11 August 2011.

           

-           Bat Species Method Statement Document 1 dated August 2011, received 1 September 2011.

           

-           Bat Species Method Statement Document 2 dated October 2011, amended plan received 5 October 2011.

           

-           Design and Access Statement, registered 4 July 2011.

           

            Reason:

           

            For the avoidance of doubt as to the approved plans and to ensure a satisfactory form of development in accordance with Policies ENV16 - Protected Species; ENV20 - Development in Conservation Areas; ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

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

           

            Reason:

           

            In the interests of visual amenity and the character of the Dinas Powys Conservation Area in accordance with Policies ENV20 - Development in Conservation Areas; HOUS8 - Residential Development Criteria; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

4.         Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road layout with sections, street lighting and surface water drainage have been submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

           

            Reason:

           

            To ensure that the proposed access is constructed in accordance with the Highway Authority’s standards for adoption in the interests of highway safety and in accordance with Policies ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

5.         The 4 No. individual parking bays, as indicated on Proposed Site Plan, Drawing No. DP110 Rev C, amended plan received 23 September 2011, shall be implemented before the first beneficial occupation of either one of the apartment units hereby permitted, and shall thereafter be retained and maintained for use exclusively in connection with those apartments.

           

            Reason:

           

            To ensure adequate off-street parking in the interests of highway safety in accordance with Policies HOUS8 - Residential Development Criteria; ENV27 - Design of New Developments; and TRAN10 - Parking of the Unitary Development Plan.

 

6.         Notwithstanding the terms of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending, revoking or re-enacting that Order the garaging hereby approved shall not be physically altered or converted to any other domestic purpose without first obtaining the formal consent of the Local Planning Authority.  The garage(s) shall be available at all times for the parking of private motor vehicles associated with the dwelling houses.

           

            Reason:

           

            To ensure that adequate off-street parking and garaging facilities are retained for the associated dwellings in accordance with Policies HOUS8 - Residential Development Criteria; ENV27 - Design of New Developments; and TRAN10 - Parking of the Unitary Development Plan.

 

7.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting that Order with or without modification) the dwelling(s) hereby approved shall not be extended or altered in any way without the prior written consent of the Local Planning Authority.

           

            Reason:

           

            To enable the Local Planning Authority to control the scale of development in the interests of the character and appearance of this part of the Dinas Powys Conservation Area in accordance with Policies ENV20 - Development in Conservation Areas; ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

8.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) no building, structure or enclosure required for a purpose incidental to the enjoyment of a dwelling-house shall be constructed, erected, or placed within the curtilage of the dwellings hereby approved without the prior written consent of the Local Planning Authority.

           

            Reason:

           

            To enable the Local Planning Authority to control the scale of development in the interests of the character and appearance of this part of the Dinas Powys Conservation Area in accordance with Policies ENV20 - Development in Conservation Areas; ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

9.         The additional privacy measures as indicated on Proposed Site Plan, Drawing No. DP110 Rev C, and Proposed Floor/Roof Plan Semi-Detached Houses, Drawing No. DP301 Rev A, amended plans received 23 September 2011, and which specifically provide for screening to the first floor terrace of the southern dwelling and hedgerow planting on the north boundary of the northern dwelling, shall be implemented before the first beneficial use of the respective dwelling, and shall thereafter be retained and maintained, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            To safeguard the privacy of neighbouring occupiers in accordance with Policies HOUS8 - Residential Development Criteria; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

10.      The apartment building windows identified on Proposed Elevations, Drawing No. DP410, as obscure glazed shall be fitted, as such at the time of the construction of the development hereby approved and prior to the first beneficial use of Apartment 2, and shall thereafter be so maintained at all times, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            To ensure that the privacy and amenities of adjoining occupiers are safeguarded, and to ensure compliance with Policies HOUS8 - Residential Development Criteria; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

11.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting that Order with or without modification) the green roofs of the dwelling(s) hereby approved shall not be utilised as an amenity area for domestic or other recreational purposes, and shall be accessed for maintenance purposes only.

           

            Reason:

           

            For the avoidance of doubt as to the extent of this permission and in the interests of neighbouring and visual amenity, and the character and appearance of this part of the Dinas Powys Conservation Area in accordance with Policies ENV20 - Development in Conservation Areas; ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

12.      A landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority before the commencement of works for the construction of the new dwellings hereby permitted. The landscaping scheme shall provide details of the new hedgerow planting and replacement tree planting for those to be removed.

           

            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 ENV20 - Development in Conservation Areas; ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

13.      Before the commencement of development, including any land clearance, demolition or construction work, the trees identified for retention on Drawing No. DP110 Rev C, amended plan received 23 September 2011, shall be protected in accordance with the measures specified in the submitted Tree Survey and Constraints Plan, Arboricultural Implications and Assessment Method Statements and Tree Protection Plan, received on 11 August 2011, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            In order to avoid damage to trees on or adjoining the site which are of amenity and screening value in accordance Policies ENV11 - Protection of Landscape Features; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

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

           

            Reason:

           

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

 

15.      Prior to the commencement of development (excluding demolition) full details of the finished levels of the site in relation to existing ground levels and finished ground levels shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

           

            Reason:

           

            In the interests of neighbouring and visual amenity and the character and appearance of this part of the Dinas Powys Conservation Area in accordance with Policies ENV20 - Development in Conservation Areas; ENV27 - Design of New Developments; and HOUS8 - Residential Development Criteria of the Unitary Development Plan.

 

16.      The development hereby approved shall be implemented entirely in accordance with the recommendations for the mitigation for protected species as contained in the planning submission, in particular the amended Bat Species Welsh Assembly Government Method Statement -Document 2 dated October 2011 and prepared by Middlemarch Environmental Ltd., unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            In the interests of ecology and biodiversity and to ensure adequate mitigation for protected species in accordance with Policy ENV16 - Protected Species of the Unitary Development Plan, TAN5 - Nature Conservation and Planning, and the Conservation of Habitats and Species Regulations 2010.

 

17.      No works involved in the development hereby permitted shall be carried out during the bird nesting season between early March and the end of August, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            In the interests of wildlife protection in accordance with Policy ENV16 - Protected Species of the Unitary Development Plan.

 

18.      Before the commencement of development a reptile working strategy shall be submitted to and approved in writing with the Local Planning Authority and the development shall be implemented thereafter in accordance with the agreed details, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            In the interests of wildlife protection as reptiles are protected under the Wildlife and Countryside Act 1981 and there is a reasonable likelihood that the site is used by reptiles, and in accordance with Policy ENV16 - Protected Species of the Unitary Development Plan.

 

19.      Full details of a scheme for the foul and surface water drainage of the site 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 before the first beneficial occupation of any one of the residential units hereby permitted, unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            To ensure adequate drainage of the site, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

20.      Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category ‘Ene1 - Dwelling Emission Rate’ in accordance with the requirements of Code for Sustainable Homes: Technical Guide November 2010. The development shall be carried out entirely in accordance with the approved assessment and certification.

           

            Reason:

           

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

 

21.      Construction of any dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under ‘Ene1 - Dwelling Emission Rate’, has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide November 2010.

           

            Reason:

           

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

 

22.      Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes ‘Final Certificate’’ shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under ‘Ene1 - Dwelling Emission Rate’, has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide November 2010.

           

            Reason:

           

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

 

 

2011/00683/FUL      Received on 12 July 2011

(P. 127)

Mrs. K. Carroll. c/o agent,

Green Planning Solutions LLP, Unit D Lunesdale, Upton Magna Business Park, Upton Magna, Shrewsbury, Shropshire., SY4 4TT

 

Travellers Rest, Felindre Road, St. Marys Hill

 

The use of land for the stationing of caravans for the residential purposes for 1 no gypsy pitch together with the formation of hard standing and utility/dayroom ancillary to that use.

 

REFUSED     (written representations)

 

1.         The proposed use of the site would introduce new structures, domestic activities and a pattern of land-use which would by reason of its prominence, have a harmful effect on the setting of this important route which provides a link between the M4 and the A48, and have a substantial adverse impact on the open character and appearance of the countryside, contrary to the objectives of Policies ENV1 – Development in the Countryside; HOUS14  - Gypsy Caravans; and ENV27 – Design of New Developments, of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.  It would thus also fail to accord with advice in Welsh Government Circular 30/2007 ‘Planning for Gypsy and Traveller Caravan Sites’.

 

2.         The proposal amounts to a sensitive residential development within the identified Buffer Zone around Ruthin Quarry, wherein the proposed use would be vulnerable to such effects and, as a consequence, would conflict with the relevant safeguarding policies within Policy MIN6 of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011. As a consequence it would thus also fail to accord with advice in Welsh Government Circular 30/2007 ‘Planning for Gypsy and Traveller Caravan Sites’.

 

 

2011/00710/FUL      Received on 19 July 2011

(P. 144)

Mr.T.  Price c/o Agent,

Green Planning Solutions LLP, Unit D Lunesdale, Upton Magna Business Park, Upton Magna, Shrewsbury, Shropshire., SY4 4TT

 

The Stables, Redway Road, Bonvilston

 

The use of land for the stationing of caravans for residential purposes for 1 no gypsy pitch together with the formation of additional hard standing and utility/dayroom ancillary to that use.

 

REFUSED     (written representations)

 

1.         In the opinion of the Local Planning Authority it is considered that the proposal represents an unsustainable, unacceptable and unjustified form of urban development in this countryside location that would result in the permanent loss of good quality agricultural land and detract from the unspoilt, undeveloped nature of the surrounding rural landscape contrary to Policies ENV1 - Development in the Countryside; ENV2 - Agricultural Land; ENV27 - Design of New Developments; HOUS14 - Gypsy Caravans; and Strategic Policies 1 and 2-The Environment, and 8-Transportation of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011; Supplementary Planning Guidance on Design in the Landscape and Sustainable Development; and national guidance contained in Planning Policy Wales, TAN12-Design and Circular 30/2007 Planning for Gypsy and Traveller Caravan Sites.

 

 

2011/00732/FUL      Received on 18 July 2011

(P. 157)

Newydd Housing Association (1974) Ltd., C/o Agents.

Mr. Cem Kosaner, Nathaniel Lichfield & Partners, Helmont House, Churchill Way, Cardiff., CF10 2HE

 

Land at The Herberts, St. Mary Church

 

Proposed development of eight semi detached affordable homes, with associated landscaping, highway and engineering works

 

DEFERRED  for site visit.

 

 

2011/00745/FUL      Received on 1 August 2011

(P. 189)

Premier Inns Limited, Whitbread Court, Houghton Hall Business Park, Porz Avenue, Dunstable, Beds., LU5 5XE

Walsingham Planning, Bourne House, Cores End Road, Bourne End, Bucks., SL8 5AR

 

Triangle Site, Innovation Quarter, The Waterfront, Barry

 

Three storey hotel bedroom block, part single and part two storey pub/restaurant, car parking and landscaping

 

RESOLVED - T H A T subject to the interested person(s) first entering into a Section 106 Legal Agreement to include the following necessary planning obligations:

 

·                    The developer shall meet the full costs of the provision of a new bus lay-by and bus shelter, as identified on the planning drawings up to a maximum of one thousand and thirty five thousand pound (£135,000) or, in the event that such works are not achievable, or no longer required, pay the sum of seventy nine thousand four hundred pounds (£79,400) to the Council to provide or improve Sustainable Transport Facilities serving the site.

 

·                    Provide training and development scheme to 8 future employees or pay a training and development contribution of £9,600 to the Council in lieu.

 

·                    The developer will provide public art on site to the value of 1% of the build costs of the development or provide a financial contribution to the same value in lieu of on site provision for the Council’s public art fund.

 

·                    The Legal Agreement will include the standard clause requiring the payment of a fee to negotiate, monitor and implement the Legal Agreement (£3498.00 in this case).

 

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 plans registered on 1 August 2011 other than where amended by plans reference 2932-P3G and JBA 10/278-02 rev. D received on 6 October 2011.

           

            Reason:

           

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

 

3.         The building hereby permitted shall be constructed to achieve a minimum Building Research Establishment Environmental Assessment Method (BREEAM) (or subsequent equivalent quality assured scheme) overall ‘excellent’ and achieve a minimum of 6 credits under category ‘Ene1 - Reduction of CO2 Emissions’ in accordance with the requirements of BREEAM 2008. The development shall be carried out entirely in accordance with the approved assessment and certification.

           

            Reason:

           

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

 

4.         The building hereby permitted hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum BREEAM overall ‘excellent’ 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.

 

5.         Prior to the occupation of each individual building hereby permitted, a ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall ‘excellent’ and a minimum of 6 credits under ‘Ene1 - Reduction of CO2 Emissions’ has been achieved for that building in accordance with the requirements of BREEAM 2008.

           

            Reason:

           

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

 

6.         Notwithstanding the details provided as part of the submitted DAS and site plan, further details of both hard and soft landscape works, to include all hard surfacing materials (including samples); minor artefacts and structures (e.g. enclosure to upper terrace, bollards, furniture, barriers, cycle stands, signs, etc.) shall be submitted to and approved in writing by the Local Planning Authority and these works shall be implemented in accordance with the approved scheme prior to the development hereby permitted being brought into beneficial use.

           

            Reason:

           

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

 

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

           

            Reason:

           

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

 

8.         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 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 UDP Policies 2, 8 and ENV 27 (Design of New Developments).

 

9.         The cycle provision shown on the approved plans shall be completed prior to the first beneficial occupation of the development hereby approved and thereafter kept free of obstruction and available for the parking of cycles associated with the development, unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason:

           

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

 

10.      No development shall take place until such a time as a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be disposed of (to include SUDS where appropriate) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall:

 

            - provide a suitable grease trap to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents

           

-           Ensure that run-off from the development will not exceed 'Greenfield' runoff rates for this area of the catchment

 

-           Include details of adoption and management to ensure the scheme remains effective.

           

            Reason:

                       

            To ensure that effective drainage facilities are provided for the development, to manage the risk of flooding from surface water run-off , and ensure that no adverse impact occurs to the environment or existing pubic sewerage system, in compliance with the terms of Policies ENV 7 and  ENV27 of the Unitary Development Plan.

 

11.      The details required in connection with condition 10 above shall include, and be informed by, the results of an assessment of the potential for disposing of surface water by means of a sustainable drainage system.  Where a sustainable drainage scheme is to be provided, the submitted details shall:

           

i.          Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

 

            ii.         Include a timetable for its implementation; and

 

iii.        Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

            Reason:

 

            To ensure that, wherever practically possible, the development is serviced by an appropriate Sustainable Urban Drainage Scheme, and to ensure compliance with the terms of Policies ENV7 and ENV27 of the Unitary Development Plan.

 

12.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or re-enacting that Order with or without modification), no gates, fences, walls or other means of enclosure shall be erected, constructed or placed on the application site without the prior written consent of the Local Planning Authority.

           

            Reason:

           

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

 

13.      Details of a scheme to provide nest boxes targeted towards swifts shall be submitted to and approved in writing by the local planning authority, with such approved scheme implemented prior to the building hereby approved being brought into beneficial use, and thereafter retained in accordance with the approved details.

           

            Reason:

           

            In order to enhance biodiversity interests, and to accord with the objectives of the Council’s adopted supplementary planning guidance for biodiversity and development (2010).

 

14.      Within one month of the restaurant and public house (and associated plant) becoming fully operational, a commissioning noise assessment shall be submitted to confirm that actual noise measurements comply with the submitted acoustic report (AECOM 60196266/M036/RP1v1) and subsequent plant location diagram and noise ratings (31.08.11 rev1) and are free from noticeable tones and, if found necessary, such assessment shall include full details of any additional mitigation measures required to achieve such maximum noise emissions.  Within one month of the date of approval of such details in writing by the Local Planning Authority, any required additional mitigation shall be implemented on site and thereafter retained in perpetuity.

           

            Reason:

                       

            In the interests of local residential amenity, and to ensure compliance with Policies ENV27 and ENV29 of the Unitary Development Plan.

 

15.      The restaurant/ public house shall not be brought into beneficial use until such time as a scheme of odour control has been submitted to and agreed in writing by the local planning authority, and such approved scheme has been implemented in accordance with the agreed details.  The approved scheme shall thereafter be retained and operated in accordance with such agreed details unless otherwise approved in writing by the local planning authority.

           

            Reason:

                       

            In the interests of local residential amenity, and to ensure compliance with Policies ENV27 and ENV29 of the Unitary Development Plan.

 

 

2011/00812/FUL      Received on 17 August 2011

(P. 221)

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

 

REFUSED     (Public Inquiry).

 

The applicant has submitted insufficient information to satisfy the Local Planning Authority that the quantity and quality of groundwater supplies in the vicinity of the site, would be protected, in accordance with the requirements of paragraph 30 of Minerals Planning Policy Wales (2000) (MPPW) which advises that development should 'not cause unacceptable impact or otherwise damage or adversely affect water resources of sources of water which might be an integral part of sites of high landscape value or nature conservation importance' and where doubt remains, Councils should adopt the precautionary principle.  Accordingly the development is contrary to the advice contained in the above guidance and Policies MIN1 - Mineral Exploration and ENV29 - Protection of Environmental Quality of the Adopted Unitary Development Plan 1996 - 2011.

 

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

 

 

2011/00862/FUL      Received on 2 September 2011

(P. 238)

Mr. Jonathan Bird, Beili-Mawr Farm, Dyffryn, Cardiff., CF5 6SU

Ardenham Energy, Cane End Lane, Bierton, Aylesbury, Bucks., HP22 5BH

 

Beili Mawr Home Farm, Dyffryn

 

Installation of 196 solar PV panels on barn roof

 

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.

 

 

2011/00878/OUT     Received on 6 September 2011

(P. 244)

Mr. Alan Arthur, Baltimore House, 1 & 2, Park Road, Barry, Vale of Glamorgan., CF62 6NU

Mr. Alan Arthur, Baltimore House, 1 & 2, Park Road, Barry, Vale of Glamorgan., CF62 6NU

 

BaltimoreHouse, 1 & 2, Park Road, Barry

 

Demolish garage block, erection of 5 no. residential units to provide ancillary accommodation for the care home within a C2 Use Class

 

APPROVED subject to the following conditions(s):

 

1.         Approval of the details of the layout, scale, appearance, access and landscaping of the development (hereinafter called `the reserved matters`) shall be submitted to and approved by the Local Planning Authority before any development is commenced.

           

            Reason:

           

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

 

2.         Application for approval of the reserved matters hereinbefore referred to must be made not later than the expiration of three years beginning with the date of this permission.

           

            Reason:

           

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

 

3.         The development to which this permission relates must be begun not later than whichever is the later of the following dates:

           

            (a)        The expiration of five years from the date of this permission.

           

(b)       The expiration of two years from the date of the final approval of the reserved matters or, in the case of approval on different dates the final approval of the last such matters to be approved.

           

            Reason:

           

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

 

4.         The 5 No. units hereby approved shall not be occupied at any time other than for purposes ancillary to the nursing home which shall fall within Class C2 of the schedule of the Town and Country Planning (Use Classes) Order 1987.

           

            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.

 

5.         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.

 

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