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PLANNING COMMITTEE

 

Minutes of a meeting held on 26th July, 2012.

 

Present:  Councillor F.T. Johnson (Chairman); Councillor Mrs. M.R. Wilkinson (Vice-Chairman); Councillors Mrs. M.E.J. Birch, Ms. R. Birch, J.C. Bird, Mrs. P. Drake, J. Drysdale, Mrs. V.M. Hartrey, N.P. Hodges, Mrs. M. Kelly Owen, A. Parker, R.A. Penrose, A.G. Powell, Mrs. A.J. Preston, E. Williams and M.R. Wilson.

 

 

218     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Ms. B.E. Brooks, E. Hacker and H.J.W. James.

 

 

219     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 5th July, 2012 be approved as a correct record subject to the addition of the name of Councillor Mrs. V.M. Hartrey to the list of those Councillors who had tendered their apologies.

 

 

220     DECLARATIONS OF INTEREST -

 

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

 

Councillor A. Parker

Agenda Item No. 11 – Application Nos. 2012/00458/FUL, 2012/00474/LBC and 2012/00509/FUL - Architect

Councillor Mrs. M. Kelly Owen

Agenda Item No. 11 – Application No. 2012/00487/RG3 – Governor of School

 

 

221     VALE OF GLAMORGAN CONSERVATION AREA ADVISORY GROUP –

 

The following report of a meeting held on 28th June, 2012 was submitted:

 

Present: Councillor F.T. Johnson (Vice-Chairman in the Chair) and Councillor T. Fowler (Llanmaes Community Council).

 

Also present: Mrs. J. Crofts, Ms. J.L. Pugh and P. Thomas.

 

(a)       Apologies for absence -

 

These were received from Councillor Mrs. M. R. Wilkinson (Chairman), Mrs. J. Poole (The Georgian Group) and Mr. P. Jones (Cowbridge Charter Trust).

 

 

(b)       Minutes -

 

AGREED - T H AT the minutes of the meeting held on 19th April, 2012 be noted.

 

 

(c)        Feedback -

 

AGREED - T H A T the following feedback on applications previously considered by the Group be noted:

 

2011/01227/FUL

Llancadle Farm, Llancadle, Barry– demolition of three Dutch barns together with a stable block and the conversion of detached farm outbuildings to four domestic dwellings.

Approved.

2011/01102/FUL

Culvery, Llancarfan– first floor side extension above existing garage/bedroom annexe, single storey rear infill extension, internal re-arrangements and minor external works.

Approved.

 

 

(e)       Applications in Conservation Areas -

 

(i)         Llanmaes

 

2012/00326/FUL                  Received 12 April 2012

 

Mr. Anthony Kerslake, 3 Pardoe Crescent, Barry, Vale of Glamorgan

A.J. Design Associates, The Studio, Sunnyside Cottages, Beggars Pound, St. Athan, Vale of Glamorgan, CF62 4PB

 

Brook Farm, Llanmaes

 

Re-design of previously approved 4 bed detached dwellings with double garages, under planning application 2006/00599/FUL at Brook Farm, Llanmaes, Plots 1 and 2.

 

RECOMMENDED – APPROVAL.

 

(ii)               Cowbridge

 

2012/00443/FUL                  Received 11 May 2012

 

Mr. Michael Clay, 1-3 The Butts, Cowbridge, Vale of Glamorgan, CF71 7AP

Stedman Architectural, Suite 18, Big Yellow Self Storage, 65 Penarth Road, Cardiff, CF10 5DL

 

1, 2 and 3 The Butts, Cowbridge

 

Convert an existing Grade 2 terraced property comprising of 3 dwellings into a pair of semi detached dwellings and extension to side.

 

RECOMMENDED – APPROVAL.

 

(Note: Mr. P. Jones, although not present, had submitted written representation prior to the meeting indicating that he had no objections to the above proposal).

 

(iii)       Cowbridge

 

2012/00455/FUL                  Received 14 May 2012

 

Mr. Guy Leach, Knox of Wells Limited, Cresswell House, Field Way, Heath, Cardiff, CF14 4UH

Robertson Francis Partnership, Second Floor, 5-7 Museum Place, Cardiff, CF10 3BD

 

The Old Post Office, 61/63 Eastgate, Cowbridge

 

Conversion of existing retail premises to 1 No. 4 bed townhouse, and construction of 4 no. 3 bed townhouses in existing service yard / car park, all with associated car parking and private amenity space, in a secure gated Mews Development.

 

RECOMMENDED – APPROVAL.

 

(Note: Mr. P. Jones, although not present, had submitted written representations prior to the meeting indicating that he had no objections to the above proposal).

 

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

 

RESOLVED – T H A T the report be noted.

 

Reason for decision

 

Having regard to the views of the Vale of Glamorgan Conservation Area Advisory Group.

 

 

222     SITE INSPECTIONS (DLPPHS) –

 

RESOLVED – T H A T the attendance of the following Councillors at the sites indicated below on 5th July, 2012 be noted:

 

Apologies for absence were received from Councillors E. Hacker, A.G. Powell and Mrs. M.R. Wilkinson.

 

(a)       Pier 64 Wine Bar and Steak House, Portway Marina, Penarth

Councillor F.T. Johnson (Chairman);

Councillors H.J.W. James, A. Parker, R.A. Penrose and E. Williams.

Also present: Councillor L. Burnett (Local Ward Member)

(b)       35 St. Ambrose Close, Dinas Powys

Councillor F.T. Johnson (Chairman); Councillors H.J.W. James, A. Parker, R.A. Penrose and E. Williams.

 

           

223     BUILDING REGULATION APPLICATIONS AND OTHER BUILDING CONTROL MATTERS DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS (DS) –

 

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 Buildings (Approved Inspectors Etc.) Regulations 2000 as listed in the report be noted.

 

 

224     PLANNING APPLICATIONS DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS (DS) –

 

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

 

2011/01209/LAW

 

A

 

Land to the north of the former Drope Farm, Drope, St. Georges Super Ely

 

Mixed use of the land for the purposes of agriculture and for the storage of no more than four haulage vehicle trailers and no more than two haulage vehicles.

 

2012/00085/FUL

 

A

 

Vale of Glamorgan Inn, 53, High Street, Cowbridge

 

Change of use from five bedrooms with ensuite facilities to first floor, into 3 No. self contained residential flats comprising 2 No. 1 bedroom and 1 No. two bedrooms and to construct glass roof conservatory to alleyway adjoining existing covered way.

 

2012/00379/FUL

 

A

 

Rear of 37, Victoria Road, Penarth

 

Variation to existing approval for single storey garage Ref: 2011/00883/FUL. Woodburner to be added to garage, flue to protrude through roof.

 

2012/00393/FUL

 

A

 

Penarth Lawn Tennis Club, Rectory Road, Penarth

 

The construction of three floodlit porous macadam tennis courts and the replacement of floodlighting to three existing porous macadam tennis courts.

 

2012/00415/RES

 

A

 

Oaklands Farm, Bonvilston

 

Reserved matters application following outline consent 2010/00722/OUT for an agricultural workers dwelling.

 

2012/00418/FUL

 

A

 

21, Sherbourne Close, Barry

 

Remove existing front entrance door and screen, replace with new front door and rendered panel to provide an internal cloakroom.

 

2012/00420/FUL

 

A

 

Swn y Mor, 1a, Brig y Don Hill, Ogmore by Sea

 

Proposed alterations to rear dormer roof construction (as existing front dormer to maximise floor space).

 

2012/00422/FUL

 

A

 

Dinas Powys Golf Club, Dinas Powys

 

Construction of a feature pond adjacent to the 18th Green on the course at Dinas Powys Golf Club.

 

2012/00423/FUL

 

A

 

73, Arlington Road, Sully

 

Single storey lean to extension to side of bungalow.

 

2012/00424/FUL

 

A

 

2, Fairfield Rise, Llantwit Major

 

Demolish existing garage and erect new attached garage.

 

2012/00425/FUL

 

A

 

121, Plymouth Road, Penarth

 

Amendment to application 2011/00481 - Additional window in side elevation to serve ground floor utility room.

 

2012/00426/FUL

 

A

 

The Gables, Llandow

 

Conservatory

 

2012/00432/FUL

 

A

 

71, High Street, Cowbridge

 

Change of use of first floor and second floors from offices to single residential unit, replacement of external staircases to rear and renewal of windows.

 

2012/00438/FUL

 

A

 

7, Thorn Grove, Penarth

 

Demolition of garage, proposed 2 storey extension to form garage and family room to ground floor and master bedroom with en-suite to first floor.

 

2012/00441/FUL

 

A

 

Stourbridge House, Llysworney, Cowbridge

 

New vehicular access and change of use of land to garden (as approved under 2006/00878/FUL).

 

2012/00442/FUL

 

A

 

21, Cambridge Street, Barry

 

Loft conversion with rear dormer.

 

2012/00449/FUL

 

A

 

16, Cwrt Ty Mawr, Penarth

 

Single storey lounge extension.

 

2012/00453/FUL

 

A

 

15, Colcot Road, Barry

 

Erection of part single-storey, part double-storey extension with converted loft space.

 

2012/00456/FUL

 

A

 

5, Greenmeadow Close, Dinas Powys

 

Single storey extension to rear of property.

 

2012/00459/FUL

 

A

 

18, Caynham Avenue, Penarth

 

Proposed two storey side extension. Proposed single storey rear extension housing new kitchen. Internal alterations.

 

2012/00461/FUL

 

A

 

24, Greenacres, Barry

 

Proposed new dwelling attached to No 24 Greenacres.

 

2012/00467/FUL

 

A

 

30, Cedar Way, Penarth

 

Proposed garage to side.

 

2012/00470/FUL

 

A

 

6, Maillards Haven, Penarth

 

Proposal for 2 storey extension to side and single storey extension to rear.

 

2012/00075/FUL

 

A

 

9, Paget Place, Penarth

 

New build two storey two bedroom dwelling adjacent to existing property at No. 9 Paget Place.

 

2012/00192/FUL

 

A

 

Land adjacent to 77, Romilly Park Road, Barry

 

 

Proposed construction of 2 No. detached dwellings with access, on site parking and amenity facilities.

 

2012/00354/FUL

 

A

 

Woodlands Cottage, Llandough, Cowbridge

 

Extensions and alterations, plus new highway access.

 

2012/00445/FUL

 

A

 

130, Plassey Street, Penarth

 

Ground floor rear extension.

 

2012/00447/FUL

 

R

 

Flush Cottage, Flanders Road, Llantwit Major

 

Construction of new two storey extension to provide kitchen-dining room, two bedrooms and bathroom. Forming new pedestrian entrance. Demolition of existing outbuildings and construction of a new garage.

 

2012/00448/FUL

 

A

 

7, Smithies Avenue, Sully

 

Re-modelling and extension of existing property, and conversion of roof space, all to provide additional accommodation and living space.

 

2012/00460/FUL

 

R

 

98, Fontygary Road, Rhoose, Barry

 

Erection of single storey dwelling.

 

2012/00462/FUL

 

R

 

Plymouth House East, Dimlands Road, Llantwit Major

 

To remove remains of infilling wall and replace with gates to make way for a parking space.

 

2012/00463/LBC

 

R

 

Plymouth House East, Dimlands Road, Llantwit Major

 

To remove remains of infilling wall and replace with gates to make way for a parking space.

 

2012/00489/FUL

 

A

 

48, Bryn y Gloyn, Rhoose

 

To brick up one of the garage doors, and replace with brick and window to match the opposite side of the house. The second garage door to remain.

 

2012/00490/FUL

 

A

 

16, Meadow Vale, Barry

 

Erection of two storey side extensions and single storey rear extension.

 

2012/00495/PNT

 

A

 

Ham Lane East, Llantwit Major

 

One new equipment cabinet with meter pillar, next to the existing cabinets and extending brick retaining wall.

 

2012/00508/OBS

 

B

 

Museum of Welsh Life, Michaelston Road, St. Fagans

 

Erection of multi functional visitor building including gallery, activity, educational and amenity spaces (Y Gweithdy) on the site of the existing Celtic Village with associated landscaping and events space, biodiversity habitat creation, footbridge and demolition of the existing Celtic Village structures.  The construction of a new version of the Celtic Village including 2 round houses with bank and ditch enclosure (Bryn Eryr)

 

 

 

and 2 stone build buildings of a medieval court including a section of outer wall (Llys Rhosyr), landscaping, footpath improvements and associated infrastructure works.

 

2012/00513/FUL

 

R

 

26, Clos y Fulfran, Barry

 

Additional storey and balcony over existing double garage, to be used as sun lounge.

 

2012/00514/FUL

 

A

 

35, Wordsworth Avenue, Penarth

 

Single storey rear extension and alterations to existing garage.

 

2012/00537/FUL

 

A

 

50, Heol Tre Forys, Penarth

 

To install 16 PV Solar Panels on the rear south facing roof.  The panels will be installed in 2 rows of 8 in a symmetrical pattern above and below the velux windows. The panels will not extend above the ridgeline. An inverter will be installed within the loft space on the east gable end and a electrical conduit will run from the east gable end down to the side door and into the electrical consumer unit.

 

2012/00555/FUL

 

A

 

Point House, 4, Main Road, Ogmore By Sea

 

Proposed extension to side and rear of existing property.

 

2012/00206/FUL

 

A

 

Highfield Close, Barry

 

Retention of six, two bedroom apartments in a two storey block with photovoltaic panels on roof in the ground of Highfields Close, Barry.

 

2012/00465/FUL

 

A

 

Field adjacent at North of Aberogwrn Farm Racing Yard, Llancarfan

 

Erection of horse arena.

 

2012/00466/FUL

 

A

 

Hafod Lodge, Hensol

 

Retention of existing (previously permitted) ancillary outbuilding.

 

2012/00473/FUL

 

R

 

2, Fairfield Close, Llantwit Major

 

Conversion of a loft to habitable rooms and extension with dormers to front and flat extension to rear on top of existing roof.

 

2012/00478/FUL

 

A

 

Y Bwthyn, Llangan

 

Two storey extension to north elevation to provide utility and study at ground floor and bedroom at first floor.

 

2012/00485/FUL

 

R

 

4, Great House Meadows, Llantwit Major

 

Detached new house in the garden of the existing dwelling.

 

2012/00486/FUL

 

A

 

Y Rhosyn, Highlight Lane, Barry

 

Proposed first floor extension to main house and two storey extension to side.

 

2012/00496/FUL

 

A

 

6, Heol y Mynydd, Welsh St. Donats

 

Ground rear extension and front dormer extension.

 

2012/00510/FUL

 

A

 

18, Pencoedtre Road, Barry

 

Erection of first floor rear extension.

 

2012/00517/FUL

 

A

 

110, Redlands Road, Penarth

 

Rear single storey kitchen/ utility/dining room extension, convert attic to provide extra bedroom with ensuite and create extra two off road parking spaces.

 

2012/00528/FUL

 

A

 

116, Redlands Road, Penarth

 

Single storey extension to rear.

 

2012/00545/FUL

 

A

 

22, Cedar Road, St. Athan

 

Single storey side extension.

 

2012/00553/FUL

 

A

 

75, Cornerswell Road, Penarth

 

Proposed dormer (box) to existing loft conversion.

 

2012/00557/FUL

 

R

 

Crosslands Kennels, Llandow

 

Retention of temporary gravel car park and associated works in association with Crosslands Kennels.

 

         

 

 

225     APPEALS (DS) –

 

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 2012 – March 2013 as detailed in the report be noted.

 

 

226     TREES (DS) –

 

(i)         Delegated List

 

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

 

2012/00416/TPO

 

A

 

3, Rookery Wood, Sully

 

Reductions to T1 Oak, T2 Oak, T3 Oak and T4 Ash trees.

 

2012/00559/TCA

 

A

 

6, West End Terrace, Llantwit Major

 

Remove Ash.

 

2012/00608/TCA

 

A

 

11, Clement Place, Barry

 

Crown reduction to Norway Maple by 30%.

 

         

 

 

227     ENFORCEMENT ACTION (DS) –

 

(i)         Land and Buildings at The Lawns, Michaelston-le-Pit (Eastern Parcel)

 

A complaint had been received regarding the sub-division and erection of outbuildings at The Lawns, Michaelston-le-Pit.

 

The land to which the complaint related had been divided into several parcels, with various land owners and various forms of development being undertaken on each parcel.  The report related to the parcel of land to the East of the track that dissected the field and which connected Ely with Michaelston-le-Pit. 

 

The site was located between Michaelston-le-Pit and Ely, in the Cwrt-yr-Ala Basin Special Landscape Area.  The land was previously undeveloped open countryside.

 

Following an initial site inspection, it had been noted that a building had been erected on the plinth laid on the site.  The building had a footprint of approximately 40m² and had a timber supporting structure with a corrugated sheeting elevation and roof.  The building had a flat roof and had also been extended to the rear with an enclosed chicken run with a timber structure and mesh enclosure and roof.  The building was currently being used to shelter stock in the form of 12 calves and 250 laying hens.  In addition to this, an access track had been laid from the main track dissecting the field leading up to the building.  This access track was some 2.5m wide and some 50m in length.  It was constructed of compacted aggregate material. 

 

The works were considered to amount to operational development that required the benefit of planning permission as the works did not benefit from any form of permitted development allowance.

 

The owner of the land had been approached and made aware of the requirement of planning permission for the works.  In view of the nature of the development, a retrospective application for planning permission was not invited and a period for the removal of the buildings and access track given alongside a request that the land be restored to its former condition.  To date, the owner of the land had not contacted the local planning authority, nor completed any of the works required to remedy the breach of planning control.

 

Despite the Council seeking to resolve the matter on a voluntary basis, it was clear that the course of action to date had not yielded any result.  Accordingly, there was no other course of informal enforcement action available to the Council in the matter. 

 

It was further reported that the word “acceptable” as contained in paragraph 15 of the report should read “unacceptable”. 

 

RESOLVED –

 

(1)       T H A T the Head of Legal Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require:

 

            (i)         The removal of the unauthorised buildings and access track.

            (ii)        The restoration of the land to its former condition.

 

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

 

Reason for decisions

 

(1&2)  In the opinion of the Local Planning Authority, the building and access track leading to the building are considered to represent an unacceptable and unjustified form of development that has a detrimental effect on the appearance and character of the open countryside recognised for its landscape value contrary to Policies ENV1 – Development in the Countryside; ENV4 – Special Landscape Areas; ENV10 – Conservation of the Countryside; ENV27 – Design of New Developments; and EMP8 – Agricultural Enterprise and Associated Development of the Vale of Glamorgan Unitary Development Plan and the advice given in Planning Policy Wales (February 2011) and Technical Advice Note 6 (July 2010) on Planning for Sustainable Rural Communities.

 

 

228     PLANNING APPLICATIONS (DS) –

 

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

 

2011/01136/FUL      Received on 10 May 2012

(P. 26)

Mr. Tony Clemo, Hillandale, Pen Y Turnpike Road, Dinas Powys, Vale of Glamorgan, CF64 4HG

Mr. Webb, Lewis Webb Associates, 24, Mill Road, Llanishen, Cardiff, CF14 0XB

 

Hillandale, Pen Y Turnpike Road, Dinas Powys

 

Upgrade and extend the existing lodge adjacent to Hillandale

 

REFUSED                 (Written Representations)

 

1.         The proposal, by reason of its siting within the countryside adjacent to the Cwrt-yr-Ala Basin Special Landscape Area, lying outside the Dinas Powys designated residential settlement boundary and with no justification on agricultural or forestry grounds represents an unacceptable and unjustified form of development which fails to respect the landscape character of the area. It therefore represents an insensitive and unjustified new development in the countryside, contrary to Policies ENV1 - Development in the Countryside; ENV4 - Special Landscape Areas; ENV8 - Small Scale Conversions Of Rural Buildings; ENV10 - Conservation of the Countryside; ENV27 - Design of New Developments; and HOUS3 - Dwellings in the Countryside of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and Planning Policy Wales February 2011

 

2.         The proposal is unable to provide a safe vehicular access to serve the dwelling and would result in the intensification of the use of the existing access, with substandard visibility. As such, the proposal would result in unacceptable danger to highway users in general, to the detriment of highway safety contrary to Policy ENV27 - Design of New Developments of the  Vale of Glamorgan Adopted Unitary Development Plan 1996- 2011.

 

3.         The applicant has failed to provide sufficient information to enable the Local Planning Authority to fully assess the impacts of the development on ecology and protected species on site and therefore fails to meet the requirements of Policy ENV16 - Protected Species of the Vale of Glamorgan Adopted Unitary Development Plan 1996 -2011.

 

 

2012/00136/FUL      Received on 13 February 2012

(P. 39)

Argoed Quarry Limited, Castellau Fach Farm, Llantrisant, Pontyclun, CF72 8LP

Jon Waters, Planabuild Limited, 3, Laburnum Drive, Porthcawl, CF36 5UA

 

Argoed Isha Quarry, Llansannor, Llanharry

 

Change of use to allow for recycling of inert materials brought to the site

 

REFUSED                 (Written Representations)

 

1.         The proposed recycling of inert materials and associated activities at the site are considered unacceptable, by reason of the volume of heavy traffic generated by this use and its impact to the rural highway infrastructure, both in terms of the damage caused to the surface and verges to these roads and potential obstructions and hazards to other road users, as a result of the vehicles using these narrow rural roads. Furthermore, the size and frequency of heavy vehicle trips in this rural area cause a significant nuisance and detriment to the amenity of occupants of nearby properties and those living close to the rural roads used to access and egress the site. As such, the proposals are considered contrary to Policies ENV27 - Design of New Developments; MIN10 - Derelict Sites; and WAST2 - Criteria for Assessing Waste Management Facilities of the adopted Unitary Development Plan 1996-2011.

 

 

2012/00146/FUL      Received on 17 February 2012

(P. 48)

Argoed Quarry Limited, Castellau Fach Farm, Llantrisant, Pontyclun, CF72 8LP

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

 

Argoed Isha Quarry, Llansannor

 

Processing of existing stockpiles and loose material with crushing and screening machinery and removal from site

 

REFUSED                 (Written Representations)

 

1.         The proposed continuation of the processing activities at the site are considered unacceptable by reason of the volume of heavy traffic generated from this use on the rural highway network. The traffic has a detrimental impact on the local highway infrastructure, both in terms of the damage caused to the surface and verges to these roads and the potential obstructions and hazards caused as a result of vehicle use on the narrow and inappropriate rural road network, thus adversely impacting on highway safety. This has been compounded by the operator / applicant not adhering to previous planning conditions, resulting in Planning Enforcement action instigated by public complaints and the serving of a Breach of Condition Notice. Furthermore, the size and frequency of the heavy vehicle movements in this rural area cause a significant nuisance and detriment to the quality of life of occupants of neighbouring properties and those living close to the common routes used to and from the site. The proposal is, therefore, considered contrary to Policies ENV27 - Design of New Developments; and MIN6 - Environmental Impact of the Vale of Glamorgan adopted Unitary Development Plan 1996-2011.

 

2.         That the Head of Legal Services be authorised to serve Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 (as amended) to require:

 

(a)       The cessation of the use of the site for the processing and crushing of stone stockpiles.

 

(b)       The removal from the land of all plant and machinery associated with the processing and crushing of stone.

 

3.         That in the event of non-compliance with the Notice, authorisation be granted to take such legal proceedings as may be required.

 

 

2012/00137/FUL      Received on 13 February 2012

(P. 60)

IGH Properties, C/o Agent

Miss Rhian Lees, Development Planning Partners, 14, Windsor Place, Cardiff, CF10 3BY

 

Land off Dinas Road, Caversham Park, Penarth

 

Residential development comprising the erection of eight dwellings, seventeen car parking spaces, landscaping and ancillary works

 

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:

  • In accordance with UDP Policy REC3, there is a requirement to provide for an off-site contribution to public open space, with the financial contribution towards public open space calculated to be £18,240.
  • The transfer of the proposed 1.4m buffer strip of land to the Council for adoption and its maintenance.
  • The Legal Agreement will include the standard clause requiring the payment of a fee to monitor and implement the Legal Agreement (£528 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 13 February 2012, other than where amended by plans reference 1837-01 Revision D, 1837-002 Revision D, 1837-010 Revision B, 1837-007 Revision D, all received on the 21 June 2012, plus plans 1837-009 Revision B, 1837-014 Revision A, 1837-005 Revision A, all received on the 23 April 2012.  Also, additional plans 1837-018 and 1837-019 are included, received 21 June 2012.

           

Reason:

           

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

 

3.         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.

 

4.         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.

 

5.         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.

 

6.         Notwithstanding the submitted plans, prior to the commencement of development, further details (including sections across and through the site) of the finished levels of the application site and the dwellings (including slab level), in relation to existing ground levels and those of the adjoining land shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

           

Reason:

           

In the interests of visual amenity, in order to protect the amenities of neighbouring properties and to ensure the development accords with Policies ENV27 and HOUS8 of the Unitary Development Plan.

 

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

           

Reason:

           

To protect the integrity, and prevent hydraulic overloading, of the Public Sewerage System, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

8.         The dwellings hereby permitted shall not be brought into beneficial use until such time as the applicant / developer enter into a Legal Agreement under S38 of the Highways Act 1980 with the Council to secure the proper implementation of the proposed highway works on the site in accordance with a scheme which shall first have been submitted to and agreed in writing by the Local Planning Authority.

 

Reason:

           

In the interests of highway safety and to ensure compliance with the terms of Policies ENV27 and HOUS13 of the Unitary Development Plan.

 

9.         Notwithstanding the submitted drawings and prior to the commencement of any works on site, full engineering drawings / details of the proposed access, turning areas, new footway, plus any new street lighting, signage and drainage details shall be submitted to and approved in writing by the Local Planning Authority. The development shall be fully implemented in accordance with the approved details prior to first beneficial occupation of any of the dwellings hereby approved, unless otherwise approved in writing by the Local Planning Authority.

           

Reason:

           

To ensure the provision on safe access into 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.

 

10.      No dwelling hereby approved shall be brought into beneficial use until such time as the parking areas, including all associated access (vehicular and pedestrian) and turning areas to serve the dwellings, have been laid out in full accordance with the details shown on the approved plans and the parking, access and turning areas shall thereafter be so retained at all times to serve the development hereby approved, unless otherwise agreed in writing by the Local Planning Authority.

           

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 Policy ENV27 of the Unitary Development Plan.

 

11.      Notwithstanding the submitted plans or the terms of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending, revoking or re-enacting that Order, all means of enclosure associated with the development hereby approved shall be in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority, and the means of enclosure shall be implemented in accordance with the approved details prior to the 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.

 

12.      Further to the submitted Arboricultural Implications Assessment and prior to commencement of any site clearance works or the commencement of development, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority which scheme 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.

 

13.      The approved scheme of tree protection shall be fully implemented on site prior to the commencement of any site clearance work or the commencement of development and shall be so retained on site for the duration of the development works unless the Local Planning Authority gives written consent to any variation.

           

Reason:

           

To safeguard the trees to be retained on site in the interests of the visual amenities of the area and to comply with Policy ENV27 of the Unitary Development Plan.

 

14.      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.

 

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

           

Reason:

           

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

 

16.      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, ensure adequate amenity space is retained, and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

17.      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 other than those as approved by Condition No. 11 above, 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.

 

18.      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, to ensure adequate amenity space is retained, and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

19.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking or re-enacting that Order, no windows other than those expressly authorised by this permission shall be inserted above ground floor level in the side elevations of Plots 1, 7 and 8 of the development hereby permitted without the prior written consent of the Local Planning Authority.

           

Reason:

           

To safeguard the privacy of adjoining occupiers, and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

20.      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), there shall be no access formed (either pedestrian or vehicular) in the boundary wall between the dwellings hereby approved at Plot 1 to 6 onto Dinas Road and/or Heol Y Brenin, without the prior written consent of the Local Planning Authority.

           

Reason:

           

In the interests of highway safety to discourage potentially obstructive on-street parking adjacent to the roundabout junction between Dinas Road and Heol Y Brenin, in accordance with Policies ENV27, HOUS8 and TRAN 10 of the Unitary Development Plan.

 

21.      No clearance of vegetation in connection with the development hereby approved shall be undertaken March to October inclusive, unless otherwise agreed in writing by the Local Planning Authority.

           

Reason:

           

In the interests of local ecology and in accordance with Policy ENV16 of the Unitary Development Plan.

 

22.      The development shall be carried out in accordance with the recommendations of the submitted 'Ecological Appraisal', detailed in sections 5.2 and 5.3 of this report produced by Wardell-Armstrong (dated January 2012), unless the Local Planning Authority agrees in writing to any variation.

           

Reason:

           

To safeguard protected species, in accordance with Policy ENV16 of the Unitary Development Plan.

 

23.       No Development shall take place until there has been submitted to, approved in writing by the Local Planning Authority a Construction Environmental Management Plan (CEMP).  The CEMP shall include details of how noise, lighting, dust and other airborne pollutants, vibration, smoke, and odour from construction work will be controlled and mitigated.  The CEMP will utilise the Considerate Constructors Scheme (www.considerateconstructorsscheme.org.uk). The CEMP will include a system for the management of complaints from local residents which will incorporate a reporting system. The construction of the Development shall be completed in accordance with the approved Plan unless otherwise agreed in writing with the Local Planning Authority. 

 

Reason:

 

To ensure that the construction of the development is undertaken in a neighbourly manner and in the interests of the protection of amenity and the environment and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

 

2012/00324/OUT     Received on 12 April 2012

(P. 84)

Mr. John Williams, Sealawns Hotel, Ogmore by Sea, Vale of Glamorgan, CF32 0PN

Mr. Michael McLoughlin, 8, Ty Birth Gardens, Usk, Monmouthshire, NP15 1BY

 

Sealawns Hotel, Slon Lane, Ogmore by Sea

 

Demolition of former hotel and construction of nine apartments including car parking and landscaping

 

REFUSED                 (Hearing or Public Inquiry)

 

1.         Notwithstanding its recent unauthorised demolition, this proposal for the redevelopment of the site would represent the unacceptable loss of an important community and tourism facility within the rural village of Ogmore-by-Sea, while the layout, size and scale (as identified by submitted parameters) of the proposed development would significantly and materially increase the impact of built development in this sensitive rural location. As such, the proposal would fail to conserve or enhance the special environmental qualities of the Glamorgan Heritage Coast within which the development site is located, as well as the rural character of development within the village of Ogmore-by-Sea.  Accordingly, the proposal would be contrary to Policies ENV5, ENV27 and HOUS8 of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and also to general advice and design principles contained within Planning Policy Wales (4th Edition February 2011) and Technical Advice Note 12: Design.

 

2.         That the Head of Legal Services be authorised to take all necessary action, including action under Section 172 of the Town and Country Planning Act 1990 (as amended) to ensure:

 

(a)       That all materials resulting from the demolition of the hotel (any remaining part of the building to be demolished in its totality down to its supporting slab / foundations) are removed from the site in their entirety, and the land restored to pre-existing ground levels, top soiled and seeded to grass in accordance with the minimum restoration requirements that would have been expected under Part 31 of the General Permitted Development Order 1995.

 

3.         That in the event of non-compliance with the Notice, authorisation be granted be sought to take such legal proceedings as may be required.

 

 

2012/00400/RES     Received on 26 April 2012

(P. 115)

Cyncoed Property Ltd., Sherbourne House, Rear of No 378, Cyncoed Road, Cyncoed, Cardiff, CF23 6SA

Barry Mayled, Architect and Garden Design, Augusta Studio, The Court, 16a, Augusta Road, Penarth, CF64 5RH

 

Orchardleigh, Pen y Turnpike Road, Dinas Powys

 

Construction of two dwellings and associated works

 

DEFERRED - For site visit.

 

 

2012/00450/FUL      Received on 14 May 2012

(P. 127)

Mr. Lee Ford, 3, Flindo Crescent, Landsdown Gardens, Canton, Cardiff, CF11 8DX

Mr. Lee Ford, 3, Flindo Crescent, Landsdown Gardens, Canton, Cardiff, CF11 8DX

 

Ty Coch, St. Brides Super Ely

 

Proposed demolition of existing cottage and outbuildings and construction of new dwelling with detached garage

 

DEFERRED – For site visit.

 

 

2012/00458/FUL      Received on 16 May 2012

(P. 143)

Mr. David Lougher Ty-Isha Farm, Welsh St. Donats, Vale of Glamorgan, CF5 6TS

Andrew Parker Architect, The Great Barn, Lillypot, Bonvilston, Vale of Glamorgan, CF5 6TR

 

Ty Isha Farm, Welsh St. Donats

 

Conversion of flat and extension to form `granny accommodation` ancillary to main farmhouse

 

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 16 May 2012 other than where amended by plans reference Drawing Nos. 488/P/06A, 488/P/07A and 488/P/08A received on 4 July 2012.

           

Reason:

           

For the avoidance of doubt as to the approved plans and in the interests of visual amenity and the character and appearance of the former barns, in accordance with Policies ENV8 - Small Scale Rural Conversions; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

3.         Notwithstanding the submitted plans this consent does not relate to the bay window on the west side elevation, nor the gable fronted projections on the north elevation, which are inaccurately shown on Drawing Nos. 488/P/05-Proposed Site Layout and 488/P/07A-Proposed South and Part East Elevation.

           

Reason:

 

For the avoidance of doubt as to the approved plans and in the interests of visual amenity and the character and appearance of the former barns, in accordance with Policies ENV8 - Small Scale Rural Conversions; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

4.         The 'granny' annexe accommodation hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Ty Isha Farm as indicated on the OS site location plan accompanying this application.

           

Reason:

           

To avoid the creation of a separate unit of residential accommodation in this unsustainable countryside location in accordance with Policies ENV1 - Development in the Countryside; HOUS3 - Dwellings in the Countryside; and ENV8 - Small Scale Rural Conversions of the Unitary Development Plan.

 

5.         Notwithstanding the submitted site edged red location plan, this permission does not grant or imply any consent for the extension of the authorised residential curtilage.

           

Reason:

           

For the avoidance of doubt as to the extent of this permission, and in the interests of the visual amenity and character of the surrounding countryside in accordance with Policies ENV1 - Development in the Countryside; and ENV8 - Small Scale Rural Conversions of the Unitary Development Plan.

 

 

2012/00474/LBC     Received on 16 May 2012

(P. 152)

Mr. A. Watts, 81, High Street, Cowbridge, Vale of Glamorgan, CF5 6TR

Andrew Parker Architect, The Great Barn, Lillypot, Bonvilston, Vale of Glamorgan, CF5 6TR

 

81, High Street, Cowbridge

 

Proposed extension to the rear (ground floor)

 

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 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2.         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.

 

3.         The Local Planning Authority* shall be notified in writing by the developer or his agent of the proposed commencement date of the works hereby granted consent.  The notification shall be provided not less than 14 days prior to the commencement of work on site.

           

Reason:

           

To ensure that all conditions relating to this consent are discharged appropriately, and to ensure for the preservation of the special character of this building in this respect.

 

 

2012/00509/FUL      Received on 23 May 2012

(P. 159)

Mr Andrew Watts, No 81 Interiors, 81, High Street, Cowbridge, Vale of Glamorgan, CF71 7AP

Andrew Parker Architect, The Great Barn, Lillypot, Bonvilston, Vale of Glamorgan, CF5 6TR

 

81, High Street, Cowbridge

 

Proposed extension to the rear (ground floor)

 

APPROVED subject to the following condition(s):

 

1.         The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

           

Reason:

           

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

 

2.         The external finishes of the development hereby approved shall match those of the existing building, unless otherwise agreed in writing with the Local Planning Authority.

           

Reason:

           

In the interest of visual amenity and the character and appearance of the listed building and the wider Cowbridge Conservation Area in accordance with Policies ENV17 - Protection of Built and Historic Environment; ENV20 - Development in Conservation Areas; and ENV27 - Design of New Developments of the Unitary Development Plan.

 

3.         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.

 

 

2012/00505/FUL      Received on 18 May 2012

(P. 167)

Dr. Mark Picton, RWE Npower, Aberthaw Power Station, The Leys, Aberthaw, Vale of Glamorgan, CF62 4ZW

Mr. Hugh Morris, RWE Npower, Trigonos, Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB

 

Aberthaw Power Station, The Leys, Aberthaw

 

Retention of Northern Laydown Area

 

APPROVED subject to the following condition(s):

 

1.         The application site shall be used solely for car parking, temporary offices and contractors' laydown facilities required in connection with Aberthaw Power Station and for no other purpose.

 

Reason:

           

For the avoidance of doubt as to the operations permitted. 

 

2.         Within two months of this consent, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority which shall include indications of all existing trees and hedgerows on the land and details of a scheme to mitigate the impact of the use along the bund.

 

Reason:

           

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

 

3.         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 approval of the landscaping scheme required under Condition No. 2 of this consent; 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.

 

4.         Within two months of this consent, a scheme for the amendment of the bund shall be submitted to an approved by the Local Planning Authority and shall be constructed in accordance with the approved details within six months of approval of the details.

           

Reason:

           

In the interest of visual and residential amenity, in accordance with Policies ENV1 and ENV27 of the Unitary Development Plan.

 

5.         The bund required under Condition No. 4 of this consent shall be retained in its agreed position in perpetuity, unless prior written approval from the Local Planning Authority is granted for any revision. 

           

Reason:

           

In the interest of visual and residential amenity, and to ensure compliance with Policies ENV1 and ENV27 of the Unitary Development Plan.

 

6.         No development shall take place until such time that a detailed site layout plan shall be submitted in writing to and approved by the Local Planning Authority: the approved scheme shall show the location of offices, car parking areas, access road and any laydown areas for plant and shall be designed to provide the greatest possible degree of noise screening to residential properties to the north.  No amendments shall be made to the approved plan without prior written approval of the Local Planning Authority.

           

Reason:

           

In the interest of visual and residential amenity, and to ensure compliance with Policies ENV1 and ENV27 of the Unitary Development Plan.

 

7.         All storage containers, temporary office or other accommodation buildings shall not exceed two storeys and shall be painted light grey or other colour that may be agreed in writing by the Local Planning Authority. 

           

Reason:

           

In order to safeguard visual amenity in accordance with Policies ENV1 and ENV27 of the Unitary Development Plan.

 

8.         No development shall take place until the details of the surface treatment of the area, including car parking and lay down areas shall be submitted in writing to and approved by the Local Planning Authority.  The approved scheme shall be implemented in accordance with an agreed schedule and shall not be amended without prior written approval of the Local Planning Authority. 

           

Reason:

           

In the interest of visual and residential amenity, and to ensure compliance with Policies ENV1 and ENV27 of the Unitary Development Plan.

 

9.         No development shall take place until the details of the illumination of the site during the hours of darkness shall be submitted in writing to and approved by the Local Planning Authority: the approved scheme shall include provisions for only the minimum necessary level of illumination when the site is unoccupied, and the illumination of the site shall be implemented in accordance with an agreed schedule and shall not be amended without prior written approval of the Local Planning Authority.

           

Reason:

           

In the interest of visual and residential amenity, and to ensure compliance with Policies ENV1 and ENV27 of the Unitary Development Plan.

 

10.      No amendment to the foul and surface water drainage shall be made without prior written approval of the Local Planning Authority. 

 

Reason:

           

To prevent hydraulic overloading of the public sewerage system, in the interest of the protection of the health and safety of local residents and to ensure no detriment to the environment, and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

11.      No new vehicular accesses to a public highway shall be constructed to the site.

           

Reason:

           

In the interest of highway safety in compliance within Policy ENV27 of the Unitary Development Plan.

 

12.      No amendments shall be made to the footpath amendments agreed under Condition No. 13 of the planning consent reference 2004/00717/FUL.

           

Reason:

           

In the interest of pedestrian safety and to ensure the retention of the public footpath in accordance with Policy ENV27 of the Unitary Development Plan. 

 

13.      Should the laydown area approved under this consent no long be required for the use associated to Aberthaw Power Station, within two months of the cessation of the use, a land restoration statement shall be submitted to and approved in writing by the Local Planning Authority.  The restoration scheme will restore the land to its former agricultural condition, and shall be fully implemented within 12 months of the approval of restoration statement.

 

Reason:

           

In the interest of restoring the land to its former agricultural condition from a use that would otherwise be unjustified in this rural location and to accord with the principles of Policies ENV1 and ENV27 of the Unitary Development Plan.

 

 

2012/00522/FUL      Received on 23 May 2012

(P. 176)

Dr. Mark Picton, RWE Npower, Aberthaw Power Station, The Leys, Aberthaw, Vale of Glamorgan, CF62 4ZW

Mr. Hugh Morris, RWE Npower, Trigonos, Windmill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB

 

Aberthaw Power Station, The Leys, Aberthaw

 

Emission Reduction Project comprising the erection of a steel raft (adjacent to the existing boiler house) supporting 6 catalytic reduction units

 

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

           

Reason:

           

To ensure the satisfactory development of the site, and to ensure compliance with the terms of Policy ENV27 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 shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

 

Reason:

           

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

 

4.         Prior to the commencement of development details of measures for wheel washing 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.

 

5.         All activities associated with the construction of the development hereby approved shall be carried out in accordance with British Standard 5228, 2009: Code of practice for noise and vibration control on construction and open sites – Part 1 – Noise, Part 2 - Vibration.

           

Reason:

           

To ensure that local amenities are safeguarded and to ensure the development accords with Policy ENV27 of the Unitary Development Plan.

 

6.         No construction work associated with the development hereby approved shall take place on the site on any Sunday or Bank Holiday or on any other day except between the following hours:

  • Monday to Friday      0700 - 1900
  • Saturday                    0700 - 1700
  • Sundays and Bank Holidays*  0800 -1600 (subject to special day time noise limits to be identified in the CEMP at Condition No. 8).

Unless such work:

           

(a)       Is associated with an emergency (relating to health and safety or environmental issues).

           

(b)       Is carried out with the prior written approval of the Local Planning Authority.

           

or

           

(c)        Such work does not cause any night-time noise limits approved under the Construction Environmental Management Plan approved pursuant to Condition (13) to be exceeded.

           

Reason:

           

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

 

7.         All heavy commercial vehicles and any mobile plant which has an operating weight exceeding three tonnes associated with the construction of the development leaving the site, other than those vehicles exclusively using tarmacadam or concrete roads, shall on each occasion, prior to leaving, pass through the wheel cleansing facilities provided in compliance with Condition No. 4.

           

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.         No development shall take place until there has been submitted to, approved in writing by the Local Planning Authority a Construction Environmental Management Plan (CEMP).  The CEMP shall include details of how noise, lighting, dust and other airborne pollutants, vibration, smoke, and odour from construction work will be controlled and mitigated.  The CEMP will utilise the Considerate Constructors Scheme (www.considerateconstructorsscheme.org.uk). The CEMP will include a system for the management of complaints from local residents which will incorporate a reporting system. The construction of the development shall be completed in accordance with the approved plan unless otherwise agreed in writing with the Local Planning Authority. 

           

Reason:

           

To ensure that the construction of the development is undertaken in a neighbourly manner and in the interests of the protection of amenity and the environment and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

9.         No development shall commence until there has been submitted to, approved in writing by, the Local Planning Authority a scheme which shall include provisions for the final:

           

(i)         design, external appearance and dimensions of all new or modified buildings and structures which are to be retained following the commissioning of the Development;

           

(i)         details of the colour, materials and external surface finishes in respect of those buildings and structures referred to in (i) above; and

           

(vi)       details of artificial lighting required during the operation of the Development;

           

The development shall be completed in accordance with the details approved in accordance wit this condition unless otherwise agreed in writing with the Local Planning Authority.

           

Reason:

           

In order to ensure the satisfactory development of the site and in order to comply with Policy ENV27 of the Unitary Development Plan.

 

10.      No development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority.  The Construction Traffic Management Plan shall include proposals to control and manage construction traffic using the ‘Construction Traffic Access Route' and to ensure that other local roads are not used by construction traffic.  For the duration of the construction period of the development all traffic associated with the construction of the development will comply with the Construction Traffic Management Plan and use no roads other than the Construction Traffic Access Route unless approved in writing with the Local Planning Authority.

           

Reason:

           

To ensure reasonable and proper control to be exercised over the methods of construction of the development and to reduce the number of traffic movements for the safety of other road users and pedestrians.

 

11.      Prior to the commencement of development details of any fabrication areas required to be provided during the construction of the development hereby approved, shall be first submitted to and approved in writing by the Local Planning Authority and the development shall be carried in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

           

Reason:

           

In the interests of the satisfactory development of the site and in order to protect the amenities of nearby residential properties in accordance with the provisions of Policy ENV27 of the Unitary Development Plan.

 

12.      Prior to the commencement of development details of the proposed parking areas for contractors involved in the construction of the development hereby approved, shall be first submitted to and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with this approval unless otherwise agreed in writing with the Local Planning Authority.

           

Reason:

           

In the interests of ensuring the satisfactory development of the site and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

13.      All open bodied heavy commercial vehicles carrying dry loose aggregate, cement or soil into and out of the site shall be sheeted.

 

Reason:

           

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

 

14.      The development hereby approved shall not commence until there has been submitted to, approved in writing by, the Local Planning Authority a scheme for  the suppression of dust during the period of the construction of the relevant phase of the development.  The measures approved in the scheme shall be employed throughout the period of construction except in so far as any variation to it has been approved in writing by the Local Planning Authority.

           

Reason:

           

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

 

15.      Except in an emergency, all traffic associated with the construction of the development hereby approved, shall use the main entrance to the Aberthaw Power Station and  In any instance where a time limitation referred to in Condition No. 6 is exceeded or the route identified in Condition No. 10 is not adhered to, the developer shall provide the Local Planning Authority with a written statement detailing the nature of the emergency and the reason why the time limitation or route could not be observed.

           

Reason:

           

In the interests of ensuring the satisfactory development of the site and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

 

2012/00551/FUL      Received on 31 May 2012

(P. 190)

Ms. Ceri Jones The Croft, Llangan, Bridgend, Mid Glamorgan, CF35 5DW

C2J Architects & Town Planners, Unit 1A, Compass Business Park, Pacific Road, Ocean Park, Cardiff, CF24 5HL

 

Land to the rear of The Croft, Llangan

 

Change of use of land to riding school, including proposed extension to existing stable building, visitor car park and external arena.

 

WITHDRAWN                       

 

 

2012/00556/FUL      Received on 6 June 2012

(P. 198)

Mrs Jenny Kiddie, 4, Wessex Place, Barry, Vale of Glamorgan, CF62 6SP

Mr David Davies, Davies, Llewellyn & Jones LLP, 114, The Maltings, East Tyndall Street, Cardiff, CF24 5EZ

 

4, Wessex Place, Barry

 

Two storey rear extension in revision to previously approved scheme 2011/00298/FUL

 

DEFERRED – For site visit.                       

 

 

2012/00487/RG3      Received on 21 May 2012

(P. 206)

Vale of Glamorgan Council, Civic Office, Holton Road, Barry, Vale of Glamorgan, CF63 4ZA

Mr. Stuart Denton, Vale of Glamorgan Council, Property Section, Civic Office, Holton Road, Barry, Vale of Glamorgan, CF63 4ZA

 

EvenlodePrimary School, Evenlode Avenue, Penarth

 

Installation of a radio antenna on a 15m high pole

 

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.

 

 

2012/00581/RG3      Received on 3 July 2012

(P. 212)

Vale of Glamorgan Council Civic Offices, Holton Road, Barry, Vale of Glamorgan, CF63 4ZA

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

 

St. AndrewsMajor Primary School, St. Andrew's Road, Dinas Powys

 

Installation of a radio antenna on a 15m high pole

 

Deemed planning consent be GRANTED subject to the following condition(s):

 

1.         The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

           

Reason:

           

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

 

2.         This consent shall only relate to the amended plans reference Drawing Nos. AL(00)01A and AL(00)02A received on 26 June 2012, along with the Design and Access Statement and the supporting technical information received on 3 July 2012, and the development shall be carried out strictly in accordance with these details.

           

Reason:

           

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

 

 

2012/00614/RG3      Received on 15 June 2012

(P. 218)

Vale of Glamorgan Council, The Alps, Wenvoe, Vale of Glamorgan, CF5 6AA

Mr. Michael Wellington Martin Wright Associates, 1, Lea Hall Farm Buildings, Lea Lane, Aldford, Chester, CH3 6JQ

 

Open space at Gibbonsdown, off Dyfan Road, Barry

 

Construction of embankment to form holding lagoon for storm water, on existing open space. Work to include oversite excavation, forming embankment, outlet works and overspill channel and associated inlet channel works.

 

Deemed planning consent be GRANTED subject to the following condition(s):

 

1.         The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

           

Reason:

           

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

 

2.         This consent shall relate to the plans registered on the 15 June 2012 other than where amended by plans reference MWA/CH054/SK/201 Rev A and MWA/CH054/SK/202 Rev A, received on the 10 July 2012.

           

Reason:

           

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

 

3.         The development hereby approved shall be carried out in accordance with the recommendations contained within the submitted Ecological Assessment, unless any variation is first agreed to in writing by the Local Planning Authority.

           

Reason:

           

In order to ensure that no protected species are harmed during the course of development.

 

 

2011/00644/FUL      Received on 27 June 2011

(P. 255)

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

Mr. and Mrs. Philip Lougher, Batslays Farm, Higher End, St. Athan, Vale of Glamorgan, CF62 4LW

 

Land to the south of B4265 and south west of Seaview, St. Athan

 

Construction of replacement farmhouse, construction of replacement and new farm buildings, and construction of tourist accommodation in lieu of previously authorised conversions

 

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:

  • That the dwelling hereby approved shall be tied to the agricultural holding
  • That the holiday letting accommodation hereby approved shall not be severed in ownership or management from the agricultural holding
  • That in the event the holiday letting accommodation hereby approved is no longer used for such authorised purposes, that the building(s) will be removed from the site and the land restored to its former agricultural condition
  • The Legal Agreement will include the standard clause requiring the payment of a fee to negotiate, monitor and implement the Legal Agreement (£2,772.00 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.         The occupancy of the dwelling shall be restricted to:

           

a)         a person solely or mainly working, or last working on a rural enterprise in the locality, or a widow, widower or surviving civil partner of such a person, and to any resident dependants;

           

or, if it can be demonstrated that there are no such eligible occupiers,

           

b)         a person or persons who would be eligible for consideration for affordable housing under the local authority’s housing policies, or a widow, widower or surviving civil partner of such a person, and to any resident dependants.

           

Reason:

           

Since a dwelling in this rural location would not be permitted unless justified for rural enterprise, and in order to ensure that the dwelling is kept available to meet the needs of other rural enterprises in the locality, in accordance with advice in Technical Advice Note 6 - Planning for Sustainable Rural Communities.

 

3.         This consent shall only relate to the following plans : -

           

            •           Location Plan rev. A - Received 2/12/11

            •           Drawing 01 revision B (Site Layout Master Plan) – Received 2/12/11

            •           Drawing 01 revision B (Farm Dwelling Elevations) – Received 22/11/11

            •           Drawing 02 revision A (Farm Dwelling ground Floor) – Received 22/11/11

            •           Drawing 03 rev. A (Farm Dwelling First Floor) – Received 2/12/11

            •           Drawing 01 rev. A (Holiday Units Elevations) – Received 12/12/11

            •           Drawing 02 rev. A (Holiday Units – plans) – Received 12/12/11

            •           Drawing 01 rev. A (Yard Buildings A.A.A.B Elevation and Layout Plan) – Received 12/12/11

            •           Drawing 02 (Yard Buildings A.A.C. Elevation and Layout Plan) – Received 27/06/2011

            •           Drawing 03 (Yard Building D & E Elevation and Floor Layout Plan) – Received 27/06/2011

            •           DRG : 00-AA (Cross Sections / Levels) – Received 26/7/11

            •           DRG : 00-BB  (Cross Sections / Levels) – Received 26/7/11

           

and the development shall be carried out strictly in accordance with these details.

 

Reason:

           

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

 

4.         Prior to the first beneficial use of the dwelling or any of the holiday lets, details of all means of enclosure including details of any gates, fences and walls to separate the site from the adjacent land and farmyard, shall be submitted to and agreed in writing by the Local Planning Authority and the agreed means of enclosure shall be implemented in accordance with the approved details prior to the development being put into beneficial use and shall thereafter be retained at all times.

           

Reason:

           

To safeguard local visual amenities, and to ensure compliance with the terms of Policies ENV8 and ENV27 of the Unitary Development Plan.

 

5.         Notwithstanding the details shown on the submitted plans, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority which shall include indications of all existing trees, banks and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development and the development shall be carried out in accordance with the approved scheme.

           

Reason:

           

To safeguard local visual amenities, and to ensure compliance with the terms of Policies ENV5, ENV8 and ENV27 of the Unitary Development Plan.

 

6.         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.

 

7.         Prior to their use on the site or buildings hereby approved, and notwithstanding details on the submitted plans, full details and samples of all proposed external materials, including hard surfacing within the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out and thereafter retained in accordance with the approved details.

           

Reason:

           

To ensure that the character of the site appropriately reflects the sensitive rural surroundings and to ensure compliance with Policies ENV5, EMP8 and ENV27 of the Unitary Development Plan.

 

8.         Notwithstanding the submitted plans further details of the windows, doors, roof lights and eaves (for the dwelling and holiday lets), including sections to a scale of 1:20 shall be submitted to and approved in writing by the Local Planning Authority prior to their installation on site, and the development shall be undertaken in accordance with such approved details.

           

Reason:

           

To ensure that the character of the site appropriately reflects the sensitive rural surroundings and to ensure compliance with Policies ENV5 and ENV27 of the Unitary Development Plan.

 

9.         The first floor accommodation above the garage, identified on the drawings as 'office' shall be retained and used solely as office accommodation relating to the operational needs of the farm holding /  holiday letting business, unless otherwise approved in writing by the local planning authority.

           

Reason:

           

Since the office accommodation forms part of the justification for the size of dwelling approved, and to ensure that the operational needs of the business are able to be managed from the dwelling in perpetuity, in accordance with Policy EMP8 of the Unitary Development Plan.

 

10.      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 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 and to ensure compliance with Policies HOUS5, ENV5 ENV27 of the Unitary Development Plan.

           

11.      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.

 

12.      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 or garden of the dwelling 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, and to ensure compliance with Policies HOUS 5 and ENV27 of the Unitary Development Plan.

 

13.      The holiday accommodation hereby approved shall not be extended or altered externally by the addition of ancillary features or changes to the fabric of the building, nor shall any building, structure or enclosure required for a purpose incidental to the enjoyment of the holidays lets  be constructed, erected, or placed within the site as hereby permitted without the prior written consent of the Local Planning Authority.

           

Reason:

           

To enable the Local Planning Authority to control the scale of development, and to ensure compliance with the terms of Policies ENV5 and ENV27 of the Unitary Development Plan.

 

14.      No part of the development hereby approved shall be brought into beneficial use until such time as their respective access, parking and turning areas have been laid out in full accordance with the submitted details and the access and parking areas shall thereafter be so retained at all times to serve the development hereby approved.

 

Reason:

           

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

 

15.      The holiday accommodation hereby approved shall comprise no more than 5 holiday let units which shall only be used for holiday accommodation and shall not be occupied as a sole or main residence, or as any other use falling within Class C3 of the Town and Country Planning (Use Classes Order) 1987, as amended.

           

Reason:

           

The site is not one which is considered suitable for residential development other than as tourist accommodation and to meet the requirements of Policies ENV1 and TOUR4 of the Unitary Development Plan.

 

16.      The developer and any successors in title shall keep a register of all occupiers of the holiday accommodation, their names and main residential addresses and the period of occupancy of the chalets, and the register shall be made available for inspection by the local planning authority within one week of the local planning authority's written request to inspect the register.

           

Reason:

           

The site is not one which is considered suitable for residential development other than as tourist accommodation and to meet the requirements of Policies ENV1 and TOUR4 of the Unitary Development Plan.

 

17.      Each new dwelling and unit of holiday accommodation 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.

 

18.      Construction of any dwelling or holiday accommodation 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.

 

19.      Prior to the occupation of the individual dwelling or holiday accommodation 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.

 

20.      Prior to first beneficial use of the buildings hereby approved for the keeping of livestock, full details of the method and location of storage of slurry shall be submitted to and approved in writing by the local planning authority, with slurry thereafter only stored in accordance with such approved details unless otherwise approved in writing by the local planning authority.

           

Reason:

           

In the interests of local amenity and to ensure accordance with Policy EMP8 of the Unitary Development Plan.

 

 

229     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 minutes heading be considered.

 

 

230     PLANNING APPLICATION 2010/00686/EAO – LAND TO THE NORTH OF THE RAILWAY LINE OFF PENTIR Y DE, RHOOSE (DS) -

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

 

2010/00686/EAO                 Received on 1 July 2010

 

Boyer Planning Limited, 1B Oak Tree Court, Mulberry Drive, Cardiff Gate

Business Park, Cardiff., CF23 8RS

Bellway Homes Limited and Persimmon Homes Limited C/o Agent.

 

Land to the north of the railway line off Pentir Y De, Rhoose

 

Outline planning for the construction of up to 350 dwellings; the laying out of

formal and informal open space, and changing rooms; new means of vehicular access onto Pentir Y De and associated infrastructure.

 

Committee were advised that an appeal had been made to the Welsh Government in respect of this application.  The appeal had been made against the Council’s non-determination of the application. 

 

Eight days had been set aside for a public enquiry in respect of this appeal over two periods, 30th October to 2nd November and 6th to 19th November. 

 

At the appeal, the Council must now defend its reasons for not determining the application.  The report advised Committee of the Officers’ concerns with regard to this application, and sought agreement to the Officers’ recommendations.  This would form the basis of the Council’s case in defending this appeal.

 

Committee were advised that the Council did not agree with the Planning Inspectorate’s decision to validate the appeal, and consideration was being given to a legal challenge to this decision.

 

Having considered the contents of the report, it was

 

RESOLVED – T H A T the conclusions as contained within the report be noted, and that these form the basis of the Council’s case in the current non-determination appeal.