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PLANNING COMMITTEE

 

Minutes of a meeting held on 10th January, 2013.

 

Present:  Councillor F.T. Johnson (Chairman); Councillors Ms. R. Birch, J.C. Bird, Ms. B.E. Brooks, Mrs. P. Drake, J. Drysdale, K. Hatton, N.P. Hodges, H.J.W. James, A. Parker, R.A. Penrose, A.G. Powell, Mrs. A.J. Preston, E. Williams and M.R. Wilson.

 

Also present:  Councillors P.J. Clarke and C.P.J. Elmore.

 

 

697     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Mrs. M.E.J. Birch, E. Hacker, Mrs. V.M. Hartrey and Mrs. M.R. Wilkinson (Vice-Chairman).

 

 

698     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 20th December, 2012 be approved as a correct record.

 

 

699     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

700     VALE OF GLAMORGAN CONSERVATION AREA ADVISORY GROUP -

 

The following report of a meeting held on 13th December, 2012 was submitted:

 

Present: Councillor Mrs. M.R. Wilkinson (Chairman); Councillor J. Evans (Llantwit Major Town Council) and Councillor Ms. T. Alexander (Penarth Town Council).

 

Also present: Mr. C. Hope, Mr. I. Robinson and Mr. P. Thomas.

 

 

(a)       Apologies for absence -

 

These were received from Councillor F. T. Johnson, Ms. J. Poole (The Georgian Group), Councillor D. Hammond (Llangan Community Council), Mrs. H. March (Llantwit Major History Society) and Mr. G. Robertson (Penarth Society).

 

 

The meeting being inquorate, no formal business was possible.  Notwithstanding this, discussions ensued on two of the three applications before the Group.

 

 

(c)               Feedback -

 

Feedback on applications previously considered by the Group were circulated, namely:

 

2012/0007/FUL

The Gatehouse, Llantwit Major– Minor repair works to the exterior of the building.  Car parking spaces to be introduced.  Conversion of the first floor to an office/ artist’s studio.  Approved.

2012/00910/FUL and

2012/00911/CAC

99A Plymouth Road, Penarth– Demolish existing three bedroom semi detached residential dwelling and construct a four bedroom sustainable dwelling.  Approved

2012/00801/FUL

Lower Farmhouse, Llysworney– Demolition of existing front facing two storey projection, single storey side and rear extensions, and detached garage.  Construction of single and two storey extension with integral garage. Approved.

2012/01051/CAC and

2012/01052/FUL

Belgrave House, Factory Road, Llanblethian, Cowbridge– Construction of two bedroom detached house with associated car parking.  Refused.

2012/00693/FUL

10 Park Road, Penarth – New three storey dwelling built over existing outdoor pool.  Consideration deferred.

 

 

(d)               Applications in Conservation Areas-

 

(i)         Llangan

 

2012/01139/FUL                  Received on 23 October 2012

 

Ms. Ceri Jones, c/o Agents

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

 

Mount Pleasant Barn, Llangan

 

Proposed conversion and alterations of existing barn to form residential dwelling.

 

Those present received copies of e-mails received from Ms. J. Poole (The Georgian Group) and Councillor D. Hammond (Llangan Community Council), the contents of which are reproduced below:

 

“I have already commented on behalf of the Georgian Group with regard to the listed building application for Mount Pleasant Barn, Llangan.  If it is appropriate to put forward a view even though I am unable to attend the meeting, I would like to comment that the proposed insertion of new openings, the removal of solid timber boarded doors, the enlargement of existing openings and the detailed treatment of openings will damage the agricultural character of the barn which in turn will be detrimental to the character of the conservation area.  The current proposal seems to be intent in turning the barn into near a modern house as possible rather than retaining its character as a traditional building.”

 

“Regarding the proposed development at “Mount Pleasant Farm Llangan”, myself and Councillor Richard Mann have discussed the application with local residents and the closest next door neighbours to the site.  No objections were raised, one neighbour also commented that the development may actually improve the value of her property and the local environment due to the change of use.

 

The planning application was also raised at the December meeting of Llangan Community Council and no action was deemed necessary.

 

Looking at the plans, I feel the conversion is well designed and maintains the character of the existing building, only adding some small windows (skylights) and tasteful front elevation changes that do not detract from the overall design.  There is also ample room for parking without the need to alter or remove existing stone walling.

 

From a sustainability point of view, our understanding is that the property will be occupied by a local family now already living in Llangan, so not adding any addition will strain on our local infrastructure, roads and school.  The application is also consistent with the principles of TAN2 (Planning and Affordable Housing).

 

Based on the above, I would like to recommend that the planning application is agreed.  Please offer this statement as my vote of approval, if required.

 

Can you please present my comments at the VOG Conservation area meeting on 13th December.”

 

There being no representative, the application was not considered.

 

 

(ii)        Llantwit Major

 

2012/01205/FUL                  Received on 12 November 2012

 

Mr. Colin Hawkins, Pear Tree Cottage, 1 Turkey Street, Llantwit Major, Vale of Glamorgan, CF61 6SR

Mr. Geoffrey Cheason, Lapider Ltd. 41A High Street, Penarth, Vale of Glamorgan, CF64 1EY

 

Flush Cottage, Flanders Road, Llantwit Major

 

Construction of a new two storey extension; a new conservatory; a new pedestrian access and the demolition of existing outbuildings and construction of a new garage.

 

Those present considered the contents of an e-mail received from Mrs. H. March (Llantwit Major History Society), the contents of which are reproduced below:

 

“This is a very charming and sensitive part of the Conservation Area, with the River Ogney meandering near and a green walled paddock adjacent and reminiscent of the fast disappearing rural post of the Town.  Flush Cottage appears to the casual observer to be part of Flush House, which is a County Treasure, and is on a country lane which is a dead end and leads to a network of much walked paths leading to the Heritage Coast zone.

 

I contend that the proposal is for a development which is large and out of proportion for its position.  As the representative of Llantwit Major Local History Society I have been excluded from your meetings for the last year and so was not privy to the consultation on this application which was refuse last July and is now resubmitted, but I think that the size is still unacceptable.  I hope that the Group will again recommend refusal.”

 

It was the view of Councillor Evans that the application should be refused in that

  • it would be built on a flood plain
  • neighbours’ objections
  • affect the historic parts of the building
  • represent an overdevelopment of the site.

 

(iii)       Penarth

 

2012/01013/FUL                  Received on 19 September 2012

 

Mr. J.D. Blain, c/o Agent

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

 

AmeyBuilding, 2 Stanwell Road, Penarth

 

Proposed alterations and extension to existing building to form 5 No. flats.

 

It was the view of Councillor Alexander that the application should be refused in view of the street scene being adversely affected as a result of the proposed removal of trees.

 

- - - - - - - - - -

 

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

 

Reason for decision

 

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

 

 

701     SITE INSPECTIONS (MD) -

 

RESOLVED - T H A T the attendance of the following Councillors at the site indicated below on 20th December, 2012 be noted:

 

Apologies for absence were received from Councillors E. Hacker, K. Hatton, Mrs. V.M. Hartrey and M.R. Wilson.

 

22 Cog Road, Sully

Councillor F.T. Johnson (Chairman); Councillor Mrs. M.R. Wilkinson (Vice-Chairman); Councillors A. Parker, R.A. Penrose and A.G. Powell.

 

 

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

 

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.

 

 

703     PLANNING APPLICATIONS DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS (DDS) -

 

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

 

2012/00664/FUL

 

A

 

The Old Rectory, Leckwith Road, Llandough, Penarth

 

Application to regularise minor amendments made to new coach house dwelling as approved under planning permission 2009/00932/FUL.

 

2012/00774/LAW

 

A

 

Land at Trehill, St Nicholas

 

Application for Lawful Development Certificate to establish commencement of material operations on site in accordance with full planning permission 2006/00124/FUL.

 

2012/00944/FUL

 

A

 

9, Cornerswell Place, Penarth

 

First floor side extension.

 

2012/01022/FUL

 

A

 

The Travellers Rest, Felindre Road, St. Mary's Hill

 

Erection of animal welfare shelter/barn.

 

2012/01034/FUL

 

A

 

17, Victoria Road, Penarth

 

Erect a PVCu conservatory to the rear of the property.

 

2012/01076/FUL

 

A

 

84, South Road, Sully

 

Rear single storey extension and internal alterations.

 

2012/01083/FUL

 

A

 

3, St. Marys Avenue, Barry

 

Retention of change of use to a B1 use class (offices) and new shop front.

 

2012/01084/FUL

 

A

 

Dow Corning Ltd, Cardiff Road, Barry

 

Two new cooling towers with associated rack and concrete flume.

 

2012/01088/FUL

 

A

 

82, Cog Road, Sully

 

First floor extension above existing garage and single storey rear extension.

 

2012/01089/FUL

 

R

 

7, Court Drive, Llansannor, Cowbridge

 

First floor extension, small ground floor side extension and an internal rework to existing ground floor layout.

 

2012/01091/FUL

 

A

 

Broughton House, Broughton

 

Demolition of existing house extension and provision of new extension.

 

2012/01096/FUL

 

A

 

Ty Mawr Farm, Llangan

 

Farm store in field.

 

2012/01100/FUL

 

A

 

20, Goodwick Close, Barry

 

Proposed two storey extension to existing domestic dwelling.  Extension is to side of existing semi-detached house.  Existing dormers (which make up first floor) to front and rear to be extended.

 

2012/01111/FUL

 

A

 

44, Seaview Drive, Ogmore By Sea

 

Loft conversion with a new flat roof dormer, internal alterations and new front facade treatment.

 

2012/01125/FUL

 

R

 

94, Lavernock Road, Penarth

 

Construction of a new dwelling.

 

2012/01128/FUL

 

A

 

23, Heol Fioled, Barry

 

Proposed conservatory to rear of property to form sun room.

 

2012/01130/FUL

 

A

 

Hen Dafarn Field, St. Mary Hill, Bridgend

 

Construction of a single wind turbine.  Model: WES18 80kW.

 

2012/01144/FUL

 

A

 

36, Cae Canol, Penarth

 

Extension of an existing garden.

Take down existing 9` brick wall from boundary to rear corner of house, to dig-out paviers and sub-base, dig out foundation for new boundary wall to front corner of property, approx 13 linear meters.

To build a new 225mm wall 1.8m high x 13m long, in Harvest Buff Multi plus detail bricks and coloured mortar to match existing buck work.

 

2012/01150/FUL

 

A

 

Tesco Stores Ltd, Stirling Road, Barry

 

Installation of a curved timber fence surrounding the 'hello' tablet signage.

 

2012/01157/FUL

 

A

 

2, Cwrt Yr Iolo, Flemingston

 

Retain purpose built pigeon loft, replacing dilapidated structure.

 

2012/01164/FUL

 

A

 

Llwynddu House, Welsh St. Donats

 

Rear extension and alterations to façade.

 

2012/01217/LAW

 

A

 

Beggars Pound, MOD St. Athan, St. Athan

 

Opening up Crash Gate 3 for use by RRU Unit; New security fence with Crash Gate installed to provide emergency access onto the Airfield beyond. New fence will be 1.9m high (including 3 strands of barbed wire at the top) and will be buried 150mm below ground.

 

2012/00561/LBC

 

A

 

Springbank Nursing Home, College Road, Barry

 

Internal alterations.

 

2012/00801/FUL

 

A

 

Lower Farmhouse, Llysworney

 

Demolition of existing front facing two storey projection, single storey side and rear extensions, and detached garage. Construction of single and two storey extension with integral garage. 

 

2012/01072/FUL

 

A

 

2, Stony Lane, Corntown

 

Proposed side to rear two storey extension and subterranean basement.

 

2012/01094/LBC

 

A

 

Downs Farm, Sully Road, Penarth

 

Installation of 2 no. rooflights.

 

2012/01105/FUL

 

A

 

25, Tynewydd Road, Barry

 

Change of use of first floor to allow whole property to be used as a beauty salon.

 

2012/01119/FUL

 

A

 

17, New Barn, Flemingston

 

Proposed new concrete hard standing for agricultural tractor and equipment.

 

2012/01121/FUL

 

A

 

Midfield House, Pen Y Turnpike Road, Dinas Powys

 

Two storey extension to detached dwelling.

 

2012/01146/FUL

 

A

 

37, Somerset Road, Barry

 

Edwardian hipped roof conservatory to rear.

 

2012/01151/FUL

 

A

 

Former Mount Pleasant Farm Land, Llangan

 

Extension to existing agricultural barn.

 

2012/01171/FUL

 

A

 

36, Rhoose Road, Rhoose

 

Single rear storey extension with access ramp to the front and new porch. With additional pedestrian access to the rear.

 

2012/01182/FUL

 

A

 

9, Wine Street, Llantwit Major

 

Change of Use - Front ground floor - retained as office.  Rear ground floor - one bedroom flat with kitchen and bathroom. First floor - one bedroom flat with kitchen and bathroom.

 

2012/00454/CAC

 

O

 

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.

 

2012/00455/FUL

 

O

 

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.

 

2012/01021/FUL

 

A

 

8, Park Road, Penarth

 

Replacement storm porch to first floor and balustrading to existing external access stair.

 

2012/01054/LBC

 

A

 

Fonmon Castle, Fonmon, Barry

 

Roof repairs including eradication of rot and beetle damage, incorporation of new steelwork, maintenance hatches and new slate roof covering - re-submitted of previous approved application No. 2006/01618/LBC.

 

2012/01133/FUL

 

A

 

Land to the north of Biglis Pumping Station, Cardiff Road, Dinas Powys, CF64 4JS

 

The erection of a run in field shelter for two horses to be tacked and tended to.

 

2012/01136/FUL

 

A

 

35, Glyndwr Avenue, St. Athan

 

First floor above the existing single storey extension.

 

2012/01142/FUL

 

A

 

17, Rudry Street, Penarth

 

Construct new lean to extension to existing rear lean to extension.  Relocate existing first floor bathroom window to centre of bathroom wall.

 

2012/01149/FUL

 

A

 

6, St. Andrews Road, Barry

 

Construction of two storey extension to side of dwelling. Demolish existing conservatory and construct single storey extension to rear of dwelling (the works include a granny flat which will be reintegrated into the dwelling in future).

 

2012/01159/OUT

 

R

 

Land rear-of 2, Orchard Drive and Warwick Way, Barry

 

Yard to rear of 2 Orchard Drive - Proposed lock up garages.

 

2012/01161/FUL

 

A

 

21, Herbert Street, Barry

 

Retrospective consent for existing garage (as extended in 2010).

 

2012/01162/FUL

 

R

 

56, Redlands Avenue, Penarth

 

Conversion and extension of a detached garage to form a separate dwelling.

 

2012/01163/FUL

 

A

 

Land at Coed Arthur, Llancarfan

 

Planning application for the construction of new forestry track.

 

2012/01168/FUL

 

A

 

88, Lavernock Road, Penarth

 

Additional vehicular crossover to allow in and out use of front driveway.

 

2012/01176/FUL

 

A

 

55, Holton Road, Barry

 

Change of use of upper floors, from office, to self contained residential flats.

 

2012/01177/FUL

 

R

 

3, Cosmeston Cottages, Lavernock Road, Penarth

 

Construction of small two bed cottage in plot at rear of No 3 Cosmeston Cottages. Presently unused and overgrown at Lavernock Road. The proposed accessed via a private drive having repositioned crossover. 2 No parking spaces and turning space provided whilst still retaining 3 No parking spaces and amenity space for existing No 3.

 

2012/01178/LBC

 

A

 

77, High Street, Cowbridge

 

Replace rotten sash windows to ground floor front elevation with timber sash windows on a like for like basis.

 

2012/01194/FUL

 

A

 

18, Meliden Road, Penarth

 

Single storey garage.

 

2012/01204/FUL

 

A

 

Picton House, Church Road, Llanblethian, Cowbridge

 

Reroofing of shed/workshop.

 

2012/01246/PNA

 

A

 

Splott Farm, Cowbridge Road, Aberthin

 

Building for safe and dry hay storage.

 

2012/01264/PND

 

A

 

Court Road Depot, Vale of Glamorgan Council, Barry Road, Barry

 

Demolition of the superstructure of the 2-storey Jeans Factory building to ground floor (slab) level.

 

         

 

 

704     APPEALS (DDS) -

 

RESOLVED -

 

(1)       T H A T the list of Appeals received 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 to March 2013 as detailed in the report be noted.

 

 

705     TREES (DDS) -

 

(i)         Delegated Powers -

 

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

 

Decision Codes

 

A    -    Approved

E         Split Decision

 

R    -    Refused

 

2012/01169/TPO

 

A

 

8, Beech Avenue, Ham Manor Park, Llantwit Major

 

Removal of Scots Pine

 

2012/01109/TPO

 

A

 

3, Tarrws Close, Wenvoe

 

Sympathetic crown lift to Horse Chestnut tree to rear of property

 

2012/01134/TPO

 

A

 

1, The Grange, Earl Road, Penarth

 

Reduce Oak at rear side of house by 30%

 

2012/01167/TCA

 

A

 

Lorna Hughes Park, High Street, Llantwit Major

 

Crown lifts to nine trees to a height of 3.0 metres from ground level.  Remove six trees shown on submitted plan numbered 25, 26, 30, 31, 45, 47 (excluding tree number 38). 

 

2012/01180/TCA

 

A

 

Riversdale, Causeway, Llanblethian, Cowbridge

 

30% reduction of Lime tree, removal of two Silver Birch; pruning overhanging limbs of Holm Oak and light reduction of two Maples.

 

2012/01187/TCA

 

A

 

Dan Y Bryn, St. Hilary

 

Sensitive reduction of up to 30% to Sycamores and Wych Elm on bank/boundary with Bush Inn.  Removal of Western Red Cedar.

 

2012/01188/TCA

 

A

 

4, Great House Meadow, Llantwit Major

 

Remove London Plane, Horse Chestnut and Beech.

 

         

 

 

706     GENERAL PLANNING MATTERS (DDS) -

 

(i)         Planning Application Reference: 2002/01636/OUT - Land at and Adjoining White Farm, Merthyr Dyfan, Barry -

 

Committee received a report which sought approval for variations to the Section 106 Legal Agreement attached to the outline planning consent, reference 2002/01636/OUT for residential and Public Open Space developments at White Farm. being land lying between The Pastures, Whitewell Road and Merthyr Dyfan Road. 

 

The application was approved on 12th February, 2007 following the signing of a Section 106 Legal Agreement and thus conditional outline planning consent was granted.  The Agreement as signed required:

  • that affordable housing be provided at a level of 20% of the overall housing numbers
  • that Public Open Space monies be paid to the authority and the land be conveyed to the authority to enable them to undertake the works of landscaping and laying out he space, the monies to include maintenance and totalled £396,365
  • the undertaking of highway works to provide a roundabout access from Whitewell Road and The Pastures into the site, and undertake highway safety improvement works to the Colcot Road area.

The applicant, and this authority were now seeking amendments to the following parts of the Legal Agreement:

  • Highway works: the development details had been assessed and the Highway Development Department had stated that a roundabout was not a workable engineering solution to give safe access.  They had advised that engineering details had been agreed for works on the adopted highway whereby access could be achieved by means of a revised junction arrangement with a speed plateau at the junctions of The Pastures and Whitewell Road.  These works would be subject to a Section 38/278 Highway Agreement.

It was also a requirement of the agreement that road improvement works on Colcot Road be undertaken at the developers expense.  These works were, however, undertaken as part of the works for the Toucan Crossing at Colcot Road/Whitewell Road junction under the Welsh Government's Safe Routes in Communities initiative during 2010/11.  Thus, this obligation would not be a requirement of any amended Agreement.

  • Affordable Housing: the developers had sought to fulfil the requirements of the current Legal Agreement and had, therefore, provided details of the affordable housing type to be provided.  The provision was for affordable units at a scale of 20% of the 177 units allowed, of which 36 would be affordable.

There were two forms that affordable housing could take, namely: low cost home ownership and social rented.  The developers had indicated that a greater proportion of low cost home ownership was to be proposed due to the unavailability of grant funding for social rented housing.

 

Negotiations had commenced with the developer with the aim of increasing the rental provision with the aim of meeting the specific current needs of the Council, which was for social rented housing and not low cost. 

 

Following these negotiations, the developer had offered an amended package whereby the units would be split into more rented than low cost home ownership units.  This had, however, seen a reduction in the overall number of units to be provided from 36 to 25. 

 

Whilst the number of units would be reduced, the form in which the majority of the units would be provided would better serve to provide urgently needed accommodation and thus meet part of the Council's recognised needs for provision of social rented units. 

 

The amendment of the Agreement to allow for the provision of 20 social rented and 5 low cost home ownership units, based on a comparison of direct costs, was therefore recommended by the Housing Department.

 

An amended Agreement/Deed of Variation was required to state that the units must meet Design Quality Requirements, being the current standard for the construction of affordable homes for Housing Associations.

 

The Housing Department had advised that there may be additional funding to enable an RSL to purchase an additional 8 units at 80% of market value.  It was felt therefore that there should also be a requirement in any amended agreement that, if the developer sold 8 units at 80% of market value in the future to a Registered Social Landlord, the developer would be required to provide an additional 2 social rented units at 58% of Acceptable Cost Guidance and 1 Low Cost Home Ownership Unit at 70% of the Open Market Value, the units to be comprised of 3 bed/5 person units in which case the provision would be increased to 22 social rented units and Low Cost Home Ownership would increase from 5 to 6 units.  This would be an additional proviso to deal with this potential increased revenue. 

  • Public Open Space:  in relation to the laying out of the public open space (POS) the Legal Agreement required the developer to pay to the Council the sum of £396,365 for the laying out and maintenance of the POS.  The commuted sum for aftercare of the land was included in this figure.  The land not already in Council ownership would be transferred to the Local Authority. 

Condition No. 10 of the outline consent required that the open space be laid out before the development was occupied.  This would entail the local authority carrying out the works before any residential unit could be occupied.

 

As a consequence, the developer had approached the local authority to request that the Agreement be amended to allow the POS works to be undertaken by the developer.  Once laid out and agreed by the local authority that the specified works had been undertaken to the local authority's satisfaction, the POS would then be handed over to the local authority.  A commuted sum for maintenance would be incorporated into the amended agreement.

  • Costs: the Local Planning Authority would require the developer to fund the costs of the administration of the Agreement in line with the Supplementary Planning Guidance which indicates that, from 1st January 2007, the Council introduced a separate fee system for progressing and the subsequent monitoring of planning agreements or obligations.  The fee was calculated on the basis of 20% of the application fee or 2% of the total level of contributions sought, whichever was the highest (£1,100 in this case).

RESOLVED - T H A T the terms of the Section 106 Agreement be amended to:

  • The provision of a minimum of 25 affordable housing units in terms as identified in the Agreement including a minimum of 20 social rented units and 5 Low Cost Home Ownership Units, or units to meet Design Quality Requirements or standard for the construction of affordable homes for Housing Associations existing at the time of construction.  Should the developer sell 8 units at 80% of market value in the future to a Registered Social Landlord, the developer be required to provide an additional 2 social rented units at 58% of Acceptable Cost Guidance and 1 Low Cost Home Ownership Unit at 70% of the Open Market Value.
  • That the Public Open Space be laid out in accordance with the terms of the approved drawings for applications 2002/01636/OUT and 2012/00123/RES, and thereafter the land be transferred to the Council and that the developer pay the costs of a nominated person to monitor the works on site and pay an agreed commuted sum.
  • That the developer undertakes highway improvement works at the junction of The Pastures and Whitewell Road to facilitate access to the site.
  • That the developer pay the local authority's reasonable costs for progressing and the subsequent monitoring of planning agreements or obligations.  The fee to be calculated on the basis of 20% of the application fee or 2% of the total level of contributions sought whichever was the higher (£1,100 in this case).

 

707  PLANNING APPLICATIONS (DDS) -

 

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:

 

 

2012/01093/FUL      Received on 15 October 2012

(P66)

Dr. Jane Sanders, c/o Agent

Brian Griffin P & CC Ltd., The Cottage, Green Bottom, Littledean, Glos., GL14 3LH

 

Abernant Cottage, Llancarfan

 

Provision of a ménage (private use) and flood lights

 

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 floodlights hereby approved shall only be operational between the hours of 1500 and 2000 on any day.

           

Reason:

           

To safeguard the visual amenity of the area, and to ensure compliance with the terms of Policies ENV4, ENV9 and ENV27 of the Unitary Development Plan.

 

3.         Notwithstanding the submitted plans, the details of the proposed floodlights shall first be submitted to and approved in writing by the Local Planning Authority and shall be designed so as to minimise any overspill light outside of the ménage hereby approved, and the lighting shall be erected in accordance with the approved details.

           

Reason:

           

In the interests of visual amenity and to ensure compliance with Policies ENV4, ENV9 and ENV27 of the Unitary Development Plan.

 

4.         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 agreed under the terms of Condition No. 5 of this planning permission 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.

 

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

           

Reason:

           

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

 

6.         The ménage hereby approved shall only be for personal use associated with the dwelling house known as Abernant Cottage and not as a commercial business.

           

Reason:

           

In order for the Local Planning Authority to control the nature of the development hereby approved and to ensure compliance with Policies ENV9 and ENV27 of the Unitary Development Plan.

 

 

2012/01114/FUL      Received on 18 October 2012

(P74)

D.C. Edwards and Newydd Housing Association

Geraint John Planning Ltd., Sophia House, 28, Cathedral Road, Cardiff, CF11 9LJ

 

Former Magistrates Court, Thompson Street, Barry

 

Demolition of former Magistrates Court to provide residential accommodation in the form of 52 affordable dwellings (46 flats and six houses), commercial/retail development (Retail Unit 1; Use Class A3 Restaurant / Cafe, Retail Units 2 and 3; Use Class A1); access arrangements, landscaping and associated works

 

DEFERRED -            For site visit.

 

 

2012/01175/FUL      Received on 2 November 2012

(P101)

Mr. Glyn George, Y Felin Fach, Monknash, Vale of Glamorgan, CF71 7QQ

Mrs. Philippa George, Y Felin Fach, Monknash, Vale of Glamorgan, CF71 7QQ

 

Y Felin Fach, Monknash

 

Removal of Condition 5, Variation of Condition 4, from application  2012/00560/FUL

 

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 consent hereby granted shall only permit the use of the site for up to, and no more, than 30 tent pitches and does not permit the use of the land for any storage / siting of caravans or static caravans.

           

Reason:

           

For the avoidance of doubt and to enable the Local Planning Authority to retain control over the use of the site.

 

3.         The use hereby granted shall only be operational during the period, between 20 March and 30 September, in any calendar year. No tent shall be erected or occupied on the land outside of these agreed times without prior written approval of the Local Planning Authority.

           

Reason:

           

To enable the Local Planning Authority to maintain control over the nature of the use of this site which is located within the Glamorgan Heritage Coast and to comply with the terms of Policies TOUR4 and ENV27 of the Unitary Development Plan.

 

4.         The frontage of the vehicular access to the development site shall be surfaced in a bound material in accordance with the plans and specifications submitted as part of this application and in accordance with the detail required by Condition No. 5 of this planning permission, prior to the first beneficial use of the campsite. The bound surfaced area shall be so maintained at all times thereafter.

           

Reason:

           

To prevent loose material being deposited on the adjacent highway, in the interest of highway safety, and to ensure compliance with Policy ENV27of the adopted Unitary Development Plan.

 

5.         Prior to the commencement of works to construct the concrete bound frontage to the access into the site (referred to in Condition No. 4), further sectional details of the junction between the back edge of the concreted area and the adjoining loose stone area shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details prior to the first beneficial use of the campsite and shall be so maintained at all times thereafter.

           

Reason:

           

To prevent loose material being deposited on the adjacent highway, in the interest of highway safety, and to ensure compliance with Policy ENV27of the adopted Unitary Development Plan.

 

6.         The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground disturbing works in the development area so that an archaeological watching brief can be conducted. The archaeological watching brief shall be undertaken to the standards laid down by the Institute of Field Archaeologists. The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of development on site of the name and address of the said archaeologist and no work shall commence on site until the Local Planning Authority has confirmed in writing that the proposed archaeologist is suitable. A copy of the watching brief shall be submitted to the Local Planning Authority within two months of the fieldwork being completed by the archaeologist.

           

Reason:

           

To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource, and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

 

7.         Prior to their use in the construction of the external building hereby approved, details of the 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.

 

8.         Prior to the commencement of development full details of the proposed septic tank to dispose of foul sewage 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 and thereafter so maintained at all times.

           

Reason:

           

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

 

 

2012/01205/FUL      Received on 12 November 2012

(P110)

Mr. Colin Hawkins, Pear Tree Cottage, 1, Turkey Street, Llantwit Major, Vale of Glamorgan, CF61 1SR

Mr. Geoffrey Cheason, Lapider Ltd., 41A, High Street, Penarth, Vale of Glamorgan, CF64 1EY

 

Flush Cottage, Flanders Road, Llantwit Major

 

Construction of a new two storey extension; a new conservatory; a new pedestrian access and the demolition of existing outbuildings and construction of a new garage

 

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 12 November 2012 other than where amended by plans reference FC004/A and FC 005/A received on 12 December 2012.

           

Reason:

           

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

 

3.         Large scale details at a scale of 1:20 of doors, windows (including a section showing the window reveal, heads and cill details), eaves, verges, ridge details and rainwater goods shall be submitted to and approved in writing by the Local Planning Authority prior to their use in the development hereby approved.  The development shall not be carried out otherwise than in full accordance with such approved details.

           

Reason:

           

In the interests of visual amenity and in order to preserve and enhance the character of the Conservation Area, as required by Policies ENV17 and ENV20 of the Unitary Development Plan.

 

4.         The development hereby approved shall be covered in natural slate, samples of which shall first have been submitted to and agreed in writing by the Local Planning Authority.  The roofing material shall thereafter be retained in its approved form unless otherwise approved in writing by the Local Planning Authority.

           

Reason:

           

In the interests of visual amenity and in order to preserve and enhance the character of the Llantwit Major Conservation Area, as required by Policies ENV17 and ENV20 of the Unitary Development Plan.

 

5.         The development hereby approved shall be fitted with timber windows in accordance with the submitted forms and details approved by Condition No. 3, and such windows shall thereafter be retained unless otherwise approved in writing by the Local Planning Authority.

           

Reason:

           

In the interests of visual amenity and in order to preserve and enhance the character of the Llantwit Major Conservation Area, as required by Policies ENV17 and ENV20 of the Unitary Development Plan.

 

 

2012/01211/FUL      Received on 15 November 2012

(P120)

Mr. & Mrs. O'Sullivan, 98, Fontygary Road, Rhoose, Vale of Glamorgan, CF62 3DU

Mr. Darren Brown, Mango Planning & Development Ltd., Number One Waterton Park, Bridgend, CF31 3PH

 

98, Fontygary Road, Rhoose

 

Erection of single storey dwelling

 

DEFERRED -            For site visit.

 

 

708  MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

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

 

 

709  ENFORCEMENT ACTION (DDS) -

 

(i)      Land Adjacent to Hawthorn Cottage, Twyn yr Odyn, Wenvoe -

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

 

A complaint had been received regarding the stationing of a number of caravans and their use for residential purposes on the parcel of land adjacent to Hawthorn Cottage, Twyn yr Odyn, Wenvoe. 

 

The entrance to Greenwood Quarry was to the north of the site, and the site itself was directly adjacent and to the north of Hawthorn Cottage, Twyn yr Odyn.  The site was in the open countryside, being outside any defined settlement, and also within the Green Wedge and Dyffryn Basin and Ridge Slopes Special Landscape Area. 

 

It was alleged by the applicant in the most recent application for the site that the land was formerly part of the quarry and afterwards formed part of the curtilage of Hawthorn Cottage.  However, there was no planning history to indicate these uses had taken place.  The site was now in separate ownership from Hawthorn Cottage.

 

The site was approximately 670m² and was occupied by several small buildings and a polytunnel.  Notwithstanding the current use, the site was considered to have a use for agriculture (horticultural). 

 

The site was mainly enclosed with hedgerow and there was an existing single vehicular access from Twyn yr Odyn which had a pair of 2m high timber and metal frame gates, set off the highway.

 

At a site inspection, it had been noted that there were 3 large mobile caravans, 2 cars, 1 lorry and 1 digger on the site.  The caravans appeared to be in occupation, as opposed to being stored on the site and this had been confirmed in reports received by the Council.

 

The occupiers of the site were understood to be genuine Gypsy and Travellers, although their exact status was yet to be confirmed.  They were understood to have travelled to the area for a funeral and had intended to stay onsite for the remainder of the winter.

 

Ordinarily, the siting of caravans and their use for residential accommodation was a material change of use of the land that required the benefit of planning permission.  As the necessary permission had not been granted, this use was in breach of planning control.

 

Notwithstanding the above, there were permitted development rights granted in certain circumstances under Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995.  Part 5 of Schedule 2 related to the use of land as a caravan site.  In view of the status of the occupiers of the site and their purpose for staying, their occupation was not considered to benefit from the rights granted under Part 5.  Part 4 related to temporary uses of land.  It could be suggested that the occupation of the site could benefit from the permitted development rights granted under Part 4.  However, as the rights were granted for a 28 day period in any calendar year, this period would expire on 14th January, 2013.  As the occupiers intended to stay on the site for the remainder of the winter, this would be in breach of the planning control.

 

The Enforcement Officer had written to the owner of the property to advise him of the need for permission for the current use of the site.  He had not responded to this correspondence.  Accordingly, officers had prepared a Planning Contravention Notice to be served on the owner to establish his involvement in the breach of planning control.

 

In addition to the above, the Council's Gypsy and Travellers Forum had been alerted to the current use of the site and an officer from the Cardiff Gypsy and Travellers Project was due to visit the site shortly.  Their interest in the site would be to establish the nature and duration of the Gypsy and Travellers occupation and to ensure that any medical or children's needs were being met.

 

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 cessation of the use of the site for residential purposes.

 

            (ii)        The removal of all caravans and associated paraphernalia.

 

(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.

 

Reasons for decisions

 

(1&2)  The current use of this site for residential purposes for gypsy and travellers was considered to be an unsustainable form of development.  The use, by virtue of the intensive residential activity, caravans, vehicles and associated paraphernalia, reduced the openness of the site to the detriment of the character and appearance of the rural setting, recognised for its landscape value.  The use was also considered to be inappropriate development that was harmful to the designated Green Wedge.  There were not considered to be any exceptional circumstances that outweighed the harm caused to the Green Wedge.  Finally, the more intensive use of the site, accessed via the existing means of access, was considered to be detrimental to highway safety. 

 

Accordingly, the siting of a number of caravans on the land and their use for residential purposes to accommodate gypsy and travellers was considered to conflict with Policies ENV1 - Development in the Countryside, ENV3 - Green Wedges, ENV4 - Special Landscape Areas, HOUS14 - Gypsy Caravans and Strategic Policies 2 Sustainability and 8 Transport of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011, as well as the guidance contained in the Council's Adopted Supplementary Planning Guidance on Sustainability.  The development was also considered to be contrary to the guidance provided in Planning Policy Wales (November 2012) and Circular 30/2007 Planning for Gypsy and Traveller Caravan Sites.

 

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