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PLANNING COMMITTEE

 

Minutes of a meeting held on 7th February, 2013.

 

Present: Councillor F.T. Johnson (Chairman); Councillor Mrs. M.R. Wilkinson (Vice-Chairman); J.C. Bird, Ms. B.E. Brooks, Mrs. P. Drake, J. Drysdale, Mrs. V.M. Hartrey, N.P. Hodges, H.J.W. James, A. Parker, R.A. Penrose, A.G. Powell and Mrs. A.J. Preston.

 

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

 

 

815     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Mrs. M.E.J. Birch, Ms. R. Birch, E. Hacker, K. Hatton, E. Williams and M.R. Wilson.

 

 

816     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 10th January, 2013 be approved as a correct record.

 

 

817     DECLARATIONS OF INTEREST -

 

Councillor A. Parker declared an interest in Agenda Item No. 10, Scheme Reference No. 2012/00699/FUL in that he knew the site owners.

 

 

818     WELSH GOVERNMENT CONSULTATION REGARDING PROPOSED CHANGES TO NON-DOMESTIC PERMITTED DEVELOPMENT RIGHTS (REF) -

 

Cabinet, on 14th January, 2013, were requested to approve the submission of the Council's response to a consultation by the Welsh Government on proposed changes to non-domestic permitted development rights.  Cabinet considered a proposed response which had already been issued to the Welsh Government with the advice that any further comments made by Cabinet would be forwarded in due course.  This was as a result of the deadline for submission being 11th January, 2013. 

 

The consultation document formed part of the Welsh Government's programme of measures to improve the planning application process.  The paper took forward a commitment of consultation upon potential changes to non-domestic permitted development rights (PDRs) in the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO) with the aim of improving the operation of the planning application system. 

 

The GPDO allowed minor developments to be undertaken under a deemed grant of planning permission without the need to submit a planning application.  This was known as 'permitted development'.  The consultation paper sought the Council's views on the Welsh Government's proposed changes to Part 3 (Changes of Use), Part 8 (Industrial and Warehouse Developments) and Part 32 (Schools, Colleges, Universities and Hospitals) of the GPDO.  The proposed changes sought to expand, and in some cases tighten, PDRs in these particular classes.

 

The proposals would require that, in certain cases, new hard surfaces associated with industrial or warehouse development to be made of permeable material and would provide greater protection for World Heritage Sites.  The consultation paper also sought responses on proposed new permitted development rights for office buildings, shops and financial and professional services establishments (use classes B1(a), A1 and A2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order)).

 

The Council's response advised that in general terms, the changes proposed were considered to be acceptable and sensible.  However, there were some concerns expressed at the possible impact of proposed development on neighbouring properties, the need to protect parking and manoeuvring areas and the need for similar materials to be used throughout a development.

 

Cabinet had resolved

 

(1)       That the contents of the report and the response attached at Appendix A as previously forwarded to the Welsh Government in response to the consultation exercise be endorsed.

 

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

 

Planning Committee, having considered the decision of Cabinet,

 

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

 

Reason for decision

 

Having regard to the decision of Cabinet.

 

 

819     SITE INSPECTION (MD) -

 

RESOLVED - T H A T the attendance of the following Councillors at the site indicated below on 10th January, 2013 be noted:

 

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

 

Abernant Cottage, Llancarfan

Councillor F.T. Johnson (Chairman); Councillors J.C. Bird, P.J. Clarke, Mrs. P. Drake, H.J.W. James, R.A. Penrose and E. Williams.

 

 

820     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.

 

 

821     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

 

2012/01173/FUL

 

R

 

Fonmon Farm House, Barry

 

Micro-generation domestic wind turbine in adjoining field.

 

2012/01174/FUL

 

A

 

The Stables, Village Farm, Marcross

 

Installing 3 solar panels (flush mounted) on roof of dwelling.

 

2012/01234/FUL

 

A

 

Ty Hafan, Hayes Road, Sully

 

Variation of Condition 10 (bus shelter) and Condition 17 (BREEAM final certificate) of planning consent 2010/01336/FUL to allow an extended time period.

 

2012/01282/SC1

EN

Vians Hill, St. Nicholas, Cardiff

 

Small scale wind turbine.

2012/01097/FUL

 

A

 

5, Dorset Avenue, Barry

 

Two Storey Side Extension to form ancillary accommodation for elderly family member.

 

2012/01154/FUL

 

A

 

26, Birch Lane, The Paddocks, Penarth

 

Proposed two storey side extension.

 

2012/01156/FUL

 

A

 

Llansannor and Llanharry Junior and Infant School, Ystradowen

 

Single storey extension to the existing classroom block at Llansannor CIW Primary School.

 

2012/01183/FUL

 

A

 

Hendrewennol, Bonvilston

 

Erection of a timber framed barn for use by customers to purchase fruit and related produce, and refreshments.

 

2012/01184/FUL

 

A

 

West Aberthaw Farm, St. Athan

 

Repair and refurbishment works to listed farmhouse: re-slating with natural slate replacement rainwater goods, drainage lime mortar pointing, lime wash and render repairs, forming a new storm porch, replacing joinery with traditionally detailed sections, modifying pitch to roof of 1970s East Kitchen, internal repairs, re-grading ground at rear where existing concrete channel is inadequate to prevent serious issues of dampness. Pointing and refurbishment of chimneys etc.

 

2012/01185/LBC

 

A

 

West Aberthaw Farm, St. Athan

 

Repair and refurbishment works to listed farmhouse: re-slating with natural slate replacement rainwater goods, drainage lime mortar pointing, lime wash and render repairs, forming a new storm porch, replacing joinery with traditionally detailed sections, modifying pitch to roof of 1970s East Kitchen, internal repairs, re-grading ground at rear where existing concrete channel is inadequate to prevent serious issues of dampness. Pointing and refurbishment of chimneys etc.

 

2012/01191/FUL

 

A

 

78, Castle Avenue, Penarth

 

Proposed two storey extension including new porch.

 

2012/01198/FUL

 

R

 

St. Johns Bungalow, Marcross, Llantwit Major

 

Alterations and extension to the existing dwelling and provision of a new outbuilding/garage.

 

2012/01199/FUL

 

A

 

Unit 8, Atlantic Trading Estate, Barry

 

Proposed workshop and associated offices.

 

2012/01213/FUL

 

A

 

9, Dros Y Mor, Penarth

 

Front dormer extension.

 

2012/01214/FUL

 

A

 

13, Glebeland Place, St. Athan

 

Ground floor extension to the side and rear elevations comprising kitchen, utility and family room for residential use.

 

2012/01225/FUL

 

A

 

The Old Rectory, Porthkerry, Barry

 

Construction of new outdoor swimming pool between new kitchen extension and existing Coach House, including retaining works, enclosures and terracing (amendment to permission ref. 2010/00246/FUL).

 

2012/01237/FUL

 

A

 

9, Cattwg Close, Llantwit Major

 

Ground floor single storey extension to front of property to provide toilet and porchway.

 

2012/01239/FUL

 

A

 

15, Llys Teilo, Llantwit Major

 

Conservatory to the rear elevation.

 

2012/01242/FUL

 

A

 

74, Plymouth Road, Penarth

 

Revision to planning consent 2012/00743/FUL to reposition rear outside wall of permitted single storey side and rear extension from 3.6 metres to 4.3 metres away from existing house.

 

2012/01243/LBC

 

A

 

Unit 6, Old Hall, Cowbridge

 

Erect a signboard to the outside of the building.

 

2012/01247/FUL

 

A

 

Dow Corning Ltd., Cardiff Road, Barry

 

Re-cladding of 15 no. existing process columns with new Aluzinc finish or visual equivalent.

 

2012/01265/FUL

 

A

 

Fern Hill, Michaelston le Pit

 

Conversion of existing garage and utility area into kitchen with extension to form dining area, with enlarged balcony over. Conservatory (as previously approved) with balcony over and access doors from bedroom. Internal alterations to include a lift installation/fireplace and chimney. External parking area extended and garden walls relocated.

 

2012/01266/FUL

 

A

 

Highlands, Pound Lane, Wenvoe

 

Single storey porch extension.

 

2012/01272/FUL

 

A

 

1, Crescent Close, Cowbridge

 

Proposed new decking area to the rear of the property.

 

2012/01280/FUL

 

A

 

1, Vale View Close, Llandough

 

Proposed ground floor extension to front elevation.

 

2012/01321/OBS

 

P

 

Tower VV30, off Five Mile Lane, Barry

 

Application under Section 37 of the Electricity Act 1989 for erection of approximately 20 metres of 33kv overhead line.

 

2012/01322/SC1

EN

Cardiff International Airport

 

Search and rescue facilities.

 

2012/01329/SC1

EN

Land off Badgers Brook

 

Residential development.

2012/01069/FUL

 

A

 

Unit 17, Llandough Trading Estate, Penarth Road, Cardiff

 

Change of use to Auction Rooms.

 

2012/01189/FUL

 

A

 

10, Slade Road, Barry

 

First floor extension over existing lean-to ground floor extension.

 

2012/01196/FUL

 

A

 

The Summer House, The Downs, St. Nicholas

 

Erection of ground floor rear extension, detached garage and proposed new vehicle and pedestrian access to public highway.

 

2012/01200/FUL

 

A

 

292, Holton Road, Barry

 

Change of use of ground floor shop (A1) to take away (A3).

 

2012/01210/FUL

 

A

 

9, Stacey Road, Dinas Powys

 

Proposed two storey rear dining room, playroom and bedroom extension

 

2012/01218/FUL

 

A

 

31, Robinswood Crescent, Penarth

 

Proposed demolition of existing detached garage, erection of single storey rear extension to the existing dwelling. Insertion of new gable roof and full height glazing to front elevation. Minor internal alterations, and minor external works.

 

2012/01220/FUL

 

A

 

Unit 3a, Ty Verlon Close, Verlon Business Park, Barry

 

Change from usage B1 to B2 for light vehicle MOT station.

 

2012/01232/FUL

 

A

 

Bethel House, Hebron Hall Christian Centre, Cross Common Road, Dinas Powys

 

Amendment to roof profile to approved kitchen scheme ref: 2012/00294/FUL.

 

2012/01244/FUL

 

A

 

8, Cwm Barry Way, Barry

 

Single storey rear extension.

 

2012/01253/FUL

 

A

 

Rock Cottage, St. Brides Major

 

Construction of a parking bay for one vehicle in the garden of Rock Cottage adjacent to Penylan Road.

 

2012/01255/FUL

 

A

 

2, Sully Place, Penarth

 

Take down existing conservatory, single storey extension and outbuilding and replace with new single storey extension complete. New pitched roof with Velux roof lights.

 

2012/01268/FUL

 

A

 

23, Cambourne Close, Barry

 

Extend front porch.

 

2012/01279/FUL

 

A

 

Whitmore Bay Lifeguard Station, Paget Road, Barry

 

Proposed meeting room extension on existing roof terrace.

 

2012/01283/FUL

 

A

 

30, Stallcourt Avenue, Llantwit Major

 

Single storey extension.

 

2012/01301/FUL

 

A

 

Winchfield House, Graig Penllyn

 

Shed to rear of property.

 

2012/01315/PNA

 

A

 

Tynywaun Farm, Newton, Cowbridge

 

Steel frame portal barn

 

2012/00943/LAW

 

A

 

Parkside House, 1 and 2, Park Road, Penarth

 

Certificate is sought to confirm development pursuant to planning permission 2007/01684/FUL has commenced.

 

2012/01047/FUL

 

A

 

Quarter Penny Cafe, 54, High Street,  Cowbridge

 

Change of use of unused first floor room in restaurant to self contained residential flat for staff and guest use, with associated extensions and alterations.

 

2012/01203/FUL

 

A

 

Lafarge Cement UK,  Aberthaw Works, East Aberthaw, Barry

 

Installation of equipment required to burn solid recovered fuel.

 

2012/01219/FUL

 

A

 

2, Hinchsliff Avenue, Barry

 

Single storey extension to rear of existing domestic dwelling.

 

2012/01221/FUL

 

A

 

Dunromin, Ewenny Road, St. Brides Major

 

Single storey side and rear extension incorporating footprint of existing garage and store room.

 

2012/01223/FUL

 

A

 

26, Clive Place, Penarth

 

Refurbishment/part demolition of the existing coach house for use as owners music studio; and extension to the rear of main house.

 

2012/01226/FUL

 

A

 

6, Lake Hill Drive, Cowbridge

 

Proposed two storey extension to front elevation and internal remodelling of the dwelling.

 

2012/01230/FUL

 

A

 

68, Eastgate, Cowbridge

 

Small, single storey rear extension to Arboreal Restaurant.

 

2012/01231/FUL

 

A

 

22, Greenway Close, Llandough, Penarth

 

Demolish existing bungalow and rebuild dwelling.

 

2012/01235/LBC

 

A

 

68, Eastgate, Cowbridge

 

Small, single storey rear extension to Arboreal Restaurant.

 

2012/01238/FUL

 

A

 

30, Celtic Way, Rhoose

 

Single storey rear and side extension and provision of new porch.

 

2012/01240/FUL

 

A

 

Downside, Sully Road, Penarth

 

Extension, consisting of 5 pens and access, to existing cattery.

 

2012/01241/FUL

 

A

 

3A, Atlantic Trading Estate, Barry

 

Three commercial units with self contained parking. One commercial unit to be used as office and vehicle maintenance centre for A2B Taxis, mezzanine floor option to A2B Taxi unit.

 

2012/01249/FUL

 

A

 

36, Conway Drive, Barry

 

Single storey extension to existing house.

 

2012/01254/FUL

 

A

 

7, Boverton Brook, Boverton, Llantwit Major

 

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

 

2012/01257/OBS

 

P

 

Land at ISV and The Cardiff Arena Ice Rink, International Drive, Grangetown, Cardiff

 

Hybrid application comprising Full detail in respect of the demolition of existing temporary ice rink and erection of new Ice Arena and associated temporary parking provision, access and servicing and Outline with consideration of access only in respect of indoor natural snow ski slope, A1 retail, A3 food and drink, B1 off, C3 residential, C1 hotel, D1 non-residential institution, and D2 assembly and leisure uses, access, parking (including a multi-storey car park), servicing and landscaping.

 

2012/01260/FUL

 

A

 

5, The Precinct, Llantwit Major

 

Installation of 1.2m light grey satellite dish on 2.5m galvanised steel pole.

 

2012/01270/FUL

 

A

 

16, Voss Park Drive, Llantwit Major

 

Single storey extension to the rear.

 

2012/01281/FUL

 

A

 

Elm Lodge, 2, Woodside Hamlet, Ham Manor Park, Llantwit Major

 

Retention of decked area to front of property.

 

2012/01284/FUL

 

A

 

14, Trem y Don, Barry

 

Demolish garage and extend at rear and side of the house (single storey) to re-locate kitchen and to provide an entrance hall and garage/store.

 

2012/01303/LBC

 

A

 

54, High Street, Cowbridge

 

Extension and alteration to rear section of building.

 

2013/00025/SC1

EN

North land

Proposed installation of a wind turbine.

 

2012/00037/LAW

 

A

 

The Courtyard, rear of 12-14, Railway Terrace, Penarth

 

Application for a Lawful Development Certificate - for continuous use of Land and Buildings for the storage and distribution of builder’s material and equipment, with an ancillary administrative office.

 

2012/01057/FUL

 

R

 

5A, Station Road, Dinas Powys

 

To remove existing shopfront screens and doors and replace with new aluminium shopfront screens and doors – Black.

 

2012/01082/LAW

 

A

 

The Garland Liveries, Walterston

 

Continued use of the building as a mixed use of equestrian and residential.

 

2012/01108/FUL

 

A

 

Brooklyn, Piccadilly, Llanblethian

 

Regularisation of permission Reference : 2011/00935/FUL, and submission of the small variation items as requested by Enforcement Officer.

 

2012/01190/ADV

 

A

 

Unit 1, Waitrose, Birds Lane, Cowbridge

 

One fascia sign, built up fascia panel and new HVAC.

 

2012/01212/FUL

 

A

 

Flat 1A, 15, Marine Parade, Penarth

 

Ground floor side extension.

 

2012/01216/LBC

 

A

 

Cwrt Yr Ala House, Michaelston Le Pit

 

Rebuilding collapsed listed historic garden wall

 

2012/01245/FUL

 

A

 

Unit 1, Waitrose, Birds Lane, Cowbridge

 

1 No. fascia sign, built up fascia panel and new HVAC -  shopfront and condenser unit

 

2012/01250/FUL

 

A

 

Ace Feet in Motion, Newport House, Commercial Street, Llantwit Major

 

Change of Use from A1 to Podiatry Clinic falling within use class D1.

 

2012/01252/ADV

 

A

 

36, Vere Street, Barry

 

Signage on ground floor.

 

2012/01261/FUL

 

R

 

Maes Isaf, Heol Las, Wick

 

Proposed erection of single storey garage.

 

2012/01263/FUL

 

A

 

Home Farm, Hensol

 

Single storey front extension to existing porch and single storey rear extension to kitchen. In addition the works include the addition of two windows at first floor to bedroom one and access from bedroom onto a new balcony.

 

2012/01267/FUL

 

A

 

18, Bittern Way, Penarth

 

Minor alterations to approved plan reference 2012/00313/FUL.

 

2012/01271/FUL

 

A

 

36, Vere Street, Barry

 

New shop front window.

 

2012/01277/FUL

 

A

 

51, Plas Taliesin, Penarth

 

New entrance porch, window alterations and flue for solid fuel stove.

 

2012/01286/FUL

 

A

 

Unit 7, Esplanade Buildings, Barry Island

 

Refurbishment of existing unit to include new flat roof to rear addition.

 

2012/01296/FUL

 

A

 

20, West Farm Road, Ogmore By Sea

 

Single storey dining room extension.

 

2012/01302/FUL

 

A

 

Hillside House, The Tumble, St. Nicholas

 

New garage and study at first floor to replace existing garage/ workshop in poor condition.

 

         

 

 

822     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.

 

 

823     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

 

2012/01135/TPO

 

A

 

5, Castle Precinct, Llandough, Cowbridge

 

Fell two Sycamores within wooded bank and minor remedial work to crown of Ash next to the rear garden steps.

 

2012/01145/TPO

 

A

 

Factory House, Factory Road, Llanblethian

 

Fell two Ash and crown lift to 5.5m. above road three Sycamores (fell dead Elm - exempt).

 

2012/01148/TPO

 

A

 

11, Greenfield Avenue, Dinas Powys

 

Fell Ash and reduce Sycamore.

 

2012/01248/TCA

 

A

 

Mill Cottage, Greenfield Way, Llanblethian

 

Prune Magnolia and remove Elms.

 

2012/01215/TPO

 

R

 

23, Pwll Y Min Crescent, Peterston Super Ely

 

Dismantle in sections Yew tree closest to house.

 

2012/01251/TPO

 

A

 

3, The Mount, Dinas Powys

 

Reduce two Sycamore trees in rear garden.

 

2012/01288/TCA

 

A

 

Plymouth House West, Dimlands Road, Llantwit Major

 

Remove a Hawthorn in front garden.

 

2012/01293/TPO

 

A

 

2, Robin Hill, Dinas Powys

 

Reduce Oak tree by 20%.

 

         

 

 

824     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:

 

2010/00686/EAO     Received on 1 July 2010

(P36)

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

Boyer Planning Limited, 1B Oak Tree Court, Mulberry Drive, Cardiff Gate Business Park, Cardiff., CF23 8RS

 

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

 

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

  • Procure that at least 30% of the dwellings built pursuant to the planning permission are built and thereafter maintained as affordable housing units in perpetuity, of which at least 80% would be social rented properties, and the remaining 20% would be intermediate properties. 
  • Pay a contribution of £1,115,387 towards primary and nursery education serving the development.
  • Public open space will be provided on site at a ratio of no less than 55.4 sq m/ dwelling in the form of the following facilities in accordance with the illustrative Master plan, the exact location and full details of specification of which shall be determination the reserved matters application(s) 

          o       Layout out of sport pitches

          o       Changing facilities

          o       MUGA

          o       NEAP

          o       3 No. LAPS

  • Pay a contribution of £345,000 to provide or enhance community facilities, minus the costs associated with the construction of the changing facilities and MUGA.
  • Provide public art on the site to the value of 1% of the development costs, minus £61,234 or pay a contribution in lieu for the provision of community facilities and/or public art on or within the vicinity of the site. 
  • Provide off-site highway improvements to the roundabouts of Waycock Cross Roundabout, Colcot Cross Roundabout and Barry Docks Link Roundabout in accordance with a fully detailed scheme to be submitted and approved in writing (to an estimated costs of £140,000)
  • Pay a contribution of £700,000 towards sustainable transport facilities in the vicinity of the site on the basis of the following :
  • Travel Plan Measures
  • Contribution to the proposed Sustrans National Cycle Route 88
  • Public Transport

          o       DDA Compliant Bus Stop Provision

          o       Bus Service x 5 years

  • Funding of public rights of way diversion order - closure of the level crossing / transfer of land / temporary arrangements
  • Financial contribution towards improvements to the public right of way between the site and Porthkerry Road (ie to the Green Lane outside of the application site)
  • Funding* to provide a pedestrian and cycle linkage to Torbay Terrace (outside of the application site)

*In the event that within 5 years of the substantial completion of the development, works have commenced on the adjoining development site which shall secure the delivery of the pedestrian / cycle link to Torbay Terrace, then the sum of £140,500 of the sustainable transport contribution shall be repaid to the Developer

  • The Legal Agreement will include the standard clause requiring the payment of a fee to monitor and implement the legal agreement (£46,007.74 in this case). 

APPROVED having regard to all the submitted environmental information in accordance with Section 3(2) of the Regulations and subject to the following condition(s):

 

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

           

Reason:

           

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

 

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

           

Reason:

           

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

 

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

           

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

           

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

           

Reason:

           

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

 

4.         Plans and particulars of the reserved matters referred to in Condition No. 1 above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

           

Reason:

           

The application was made for outline planning permission and to comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

5.         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.

 

6.         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.

 

7.         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.

 

8.         The development hereby approved shall be undertaken in full accordance with the aims and objectives of the Design and Access Statement and Environment Statement submitted in support of the application.

           

Reason:

           

To ensure a sustainable form of development in accordance with the Supplementary Planning Guidance on Sustainable Development,  and to meet the requirements of Strategic Policy 2 of the adopted Unitary Development Plan.

 

9.         The reserved matters application(s) shall have full regard to the guidance and advice as set out in Manual for Streets and Secure by Design and shall incorporate the principles for development as set out in the Development Brief.

           

Reason:

 

To ensure that the reserved matters application is submitted in accordance with good practice and the submitted Development Brief Statement and to ensure compliance with Policies ENV27 and HOUS8 of the Unitary Development Plan.

 

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

           

Reason:

           

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

 

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

                       

Reason:

                       

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

 

12.      Notwithstanding the submitted drawings and prior to the commencement of any works on site, full engineering drawings and design calculations of the proposed new roundabout on Pentir y De, inclusive of vision splays, drainage and lighting, shall be submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

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

 

13.      The dwellings hereby permitted shall not be brought into beneficial use until such time as:

           

(1)       The applicant/developer enter into a highway agreement under S278 of the Highways Act 1980 with the Council to provide the proposed roundabout (including, if considered necessary, Traffic Regulation Orders), in accordance with a scheme which shall first have been submitted to and agreed in writing by the Local Highway Authority; and

           

(2)       The requirements of the proposed scheme and any associated requirements of any amended or new Traffic Regulation Order have been implemented.

           

Reason:

           

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

 

14.      The reserved matters application(s) shall ensure that the vehicular routes (entrance avenue, primary, secondary and tertiary) pedestrian and cycle routes and homes zone areas are broadly laid out and in accordance with the road widths as set out and specified in Figure 44 - Movement Framework contained within the Design and Access Statement.

           

Reason:

           

In order to ensure that the reserved matters application(s) are in line with the agreed movement framework for the site, in accordance with the requirements of the Adopted Development Brief and to ensure compliance with Policies ENV27 of the Unitary Development Plan.

 

15.      The reserved matters application(s) shall ensure that the estate roads laid out as part of the development hereby approved are constructed substantially in accordance with the plan 107/MP.1000 Rev J. and at Points 2 and 3 on plan 107/MP.1000 Rev J (A). The estate roads shall be constructed to the boundary of the land controlled by the applicants or their successor in title.

           

Reason:

           

In order to ensure that the reserved matters application(s) permit connectivity to the remaining part of the allocated site, in accordance with the requirements of the Adopted Development Brief and to ensure compliance with Policies ENV27 of the Unitary Development Plan.

 

16.      The reserved matters application(s) shall ensure that pedestrian and cycle linkages are provided at Points 1 - 4 on plan 107/MP.1000 Rev J (A) and in the south east corner of the site (onto Pentir Y De) at the point shown in Figure WA-4.1 and in accordance with the general arrangement as shown in Figure WA-4.2 of the Rhoose Pedestrian Accessibility and Movement Audit - November 2010.

           

Reason:

           

In order to ensure that the reserved matters application(s) provide connectivity to the remaining part of the allocated site and the adjoining development, in accordance with the requirements of the Adopted Development Brief and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

17.      The reserved matters application(s) shall ensure that pedestrian and cycle links are provided between the PROW and areas of open space shown on Plan 107/MP.1000 Rev J.

           

Reason:

           

In order to ensure that the reserved matters application(s) provide connectivity and direct access to the Public Open Space from the remaining part of the allocated site, in accordance with the requirements of the Adopted Development Brief and to ensure compliance with Policies ENV27 of the Unitary Development Plan.

           

18.      The reserved matters application(s) shall ensure that no dwellings (to include gardens) are shown to be sited within any part of the application site identified as falling within NEC C (both daytime and night time), as defined  in Technical Note - Noise prepared by WSP received on 20 November 2012.

           

Reason:

           

In order to ensure that the reserved matters application(s) take account of NEC C so as to ensure that no dwellings are sited within such areas which would be subject to unacceptable high levels of noise, to comply with the requirements of TAN 11 and compliance with Policies ENV27 and ENV29 of the Unitary Development Plan.

           

19.      The reserved matters application(s) shall ensure that all dwellings which are shown to be sited within any part of the application site falling within NEC B (both daytime and night time), as defined  in Technical Note - Noise prepared by WSP received on 20 November 2012 are supported by full details of acoustic attenuation measures / mitigation (to include consideration of site layout and orientation to ensure that noise sensitive rooms and primary outdoor amenity areas are located away / screened from the identified noise sources) to ensure that all dwellings falling within NEC B achieve the noise standards set out in Table 2 of Technical Advice Note 11.

           

Reason:

           

In order to ensure that the reserved matters application(s) take account of NEC B so as to ensure that the occupiers of the dwellings within such areas are not subject to high levels of noise, to comply with the requirements of TAN 11 and compliance with Policies ENV27 and  ENV29 of the Unitary Development Plan.

 

20.      Prior to the commencement of any works at the site, a detailed method statement detailing the construction phase of works, including details of site, material and storage compounds, site lighting, hours of operation, control of noise, dust (details of wheel washing), any vibration issues and haul routes shall be submitted to and approved in writing by the Local Planning Authority. The agreed method statement shall be fully implemented during the whole construction phase of the development.

           

Reason:

           

In the interests of highway safety and amenities of nearby occupiers and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

21.      The reserved matters application(s) shall be supported by an updated tree survey which shall fully detail all trees within the site, those to be retained and felled and all proposed tree works and means of protection of existing trees / hedgerows during the course of development.

           

Reason:

           

In order to ensure that the reserved matters application(s) take account of all existing trees within the site and to ensure compliance with the Trees and Development SPG and to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

 

22.      No beneficial occupation of any dwelling hereby approved on the site shall occur until the necessary off-site improvements (in accordance with the requirements as outlined in Option 4 of Dwr Cymru's Hydraulic Modelling Report (Reference number 410/003249-04 RT-CA-740 01) issued in December 2005) to the public sewerage system have been completed and that this has been confirmed in writing by the Local Planning Authority.

           

Reason:

           

To protect the existing community and the environment from the adverse affects of sewage flooding and pollution and to ensure the development is effectually drained and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

23.      The proposed development site is crossed by a rising main with the approximate position being marked on the attached Statutory Public Sewer Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No part of any building will be permitted within 3 metres either side of the centreline of the public sewer.

           

Reason:

           

To protect the integrity of the public sewer and avoid damage thereto and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

24.      The reserved matters application(s) shall be supported by a scheme for the comprehensive and integrated drainage of the site, showing how foul water, road, roof / yard water and land drainage will be dealt with, including hydraulic flow calculations and shall include full details of all existing drains / connections running through and adjacent to the site / line of drainage. The approved scheme of drainage shall be fully implemented prior to the occupation of any of the dwellings on site.

             

Reason:

           

To ensure the effective drainage of the site and ensure that  development does not cause or exacerbate any adverse conditions on the development site, adjoining properties and environment, with respect to flood risk and 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.

 

25.      The submitted scheme(s) for drainage of the site shall ensure that all foul and surface water discharge separately from the site and that all land drainage / surface water run-off shall not discharge, either directly or indirectly, into the public sewerage system.

           

Reason:

           

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

 

26.      In connection with Condition No. 24, the submitted scheme for drainage shall include a written declaration to confirm the responsibility for the future maintenance and repair of the land drainage system.

 

Reason:

           

To ensure that responsibility of the land drainage system is clearly defined.

 

27.      In connection with Condition No. 24, the detailed scheme for surface water and land drainage shall be designed to accommodate any water which may enter the site from the adjoining land.

           

Reason:

           

To ensure that the developer of the site is fully aware of the need to mitigate for additional surface water and land drainage that may enter the site.

 

28.      In connection with Condition No. 24, the submitted scheme for drainage shall demonstrate that there is capacity within the proposed drainage infrastructure to accommodate the future development (of up to 350 houses) on the adjacent site (to the west).

           

Reason:

           

To ensure that the proposed scheme of drainage can accommodate the drainage requirements for the whole of the allocated site and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

29.      The detailed scheme of drainage shall ensure that potentially adoptable surface water sewers are designed to the guideline publication ‘Sewers for Adoption’ as required by Dwr Cymru / Welsh Water. The system should be designed not to flood for a 1 in 30 year return period design storm. For storm events above this return period, flooding may occur and the developer should therefore include details of the pathways of floodwater in such events and the appropriate measures to reduce the risk of flooding of properties, including existing dwellings on Rhoose Point in the event of an overflow from the proposed sewers.

           

Reason:

           

To ensure that the surface water is designed to cater for storm events  and to reduce flood risk to occupiers, both within and adjacent to the site and to comply with the terms of Policy ENV27 of the Unitary Development Plan.

 

30.      The detailed site layout shall ensure that the submitted scheme of drainage has full regard to the fact that Dwr Cymru / Welsh Water will require permanent easement widths for sewers on all land outside the public highway, where such easements shall be restricted for future development (where the management of this zone should be discussed and agreed with the appropriate Council Departments) and shall be detailed in the submitted reserved matters application(s).

 

Reason:

           

In order to ensure that the reserved matters application(s) are developed having full regard for the need to ensure that permanent access is provided for Dwr Cymru / Welsh Water maintenance / works and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

 

31.      The key features of mitigation as set out in 8.7.2 of Chapter 8 - Ecology of the Environmental Statement (Volume 2 Main Text) shall form the basis of an Ecological Management Plan and Mitigation strategy for the site (including the provision of 4 No. habitat piles to be created for reptiles), which shall be submitted as part of the reserved matters application(s).

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV10, ENV11, ENV16 and ENV27 of the Unitary Development Plan.

 

32.      The reserved matters application(s) shall be supported by a Method Statement and Mitigation Strategy (as outlined in the Environment Statement) for the clearance of the site, which shall include suitable phasing and the use of reptile fencing.

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

 

33.      The reserved matters application(s) shall be supported by details  confirming that all species rich hedgerows are to be retained (including those either side of green lane plus H2, H3 and H4). Where sections of these species rich hedgerows are to be removed, the scheme shall identify the location that these sections will be trans-located to within the site boundary, to ensure no net loss and the location for at least 500m of new native species hedgerow shall be indentified.

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV10 and ENV27 of the Unitary Development Plan.

 

34.      The reserved matter(s) application shall ensure that 3m wide buffer strips of unfertilized grassland are retained adjacent to all hedgerows that abut open ground, to ensure no eutrophication of hedgerows.

 

Reason:

           

To ensure that existing natural landscape features are protected and to ensure compliance with Policies ENV10 and ENV11 of the Unitary Development Plan.

 

35.      The reserved matter(s) application shall ensure that the hedgerows either side of the green lane are retained (including boundary vegetation to the north and south of the site) and the area kept as a dark corridor for the provision of commuting and feeding route for bats.

           

Reason:

           

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

 

36.      The reserved matter(s) application shall be supported by a lighting scheme for the whole site which will be informed by the analysis of current and likely future bat flight lines, to ensure routes to be used by bats for commuting or foraging are kept dark. Where standard height street lighting is required adjacent to the retained habitats, directional or cowled lanterns should be adopted that limit light spill. The scheme shall provide specific evidence that these areas will be kept dark by providing light overspill / spread diagrams.

           

Reason:

           

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

 

37.      The reserved matter(s) application shall be supported by a scheme for the incorporation of bat boxes or other roost sites into an agreed proportion of the new homes on the site and on a proportion of the mature trees.

           

Reason:

           

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

 

38.      Prior to the commencement of any works on site, a method statement shall be submitted to demonstrate that nesting birds are considered in all vegetation clearance activities (include timing of works and how cleared areas will be kept unsuitable for ground nesting birds) which shall be submitted to and approved in writing by the Local Planning Authority and shall be fully implemented.

 

Reason:

           

To ensure compliance with the Wildlife and Countryside Act 1981, where it is an offence to take, damage or destroy the nest of any wild bird while that nest is in use and to demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policy ENV16 of the Unitary Development Plan.

 

39.      The reserved matter(s) application shall be supported by a scheme for the provision of artificial bird nesting sites, which shall equate to a minimum of one tenth of the total number of residential units to be developed on the application site.

           

Reason:

           

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

 

40.      The reserved matter(s) application shall be supported by a detailed scheme for the retention, diversification and management (which is positive for biodiversity) of the grassland areas identified as being semi-improved, and of buffer zones on the boundaries of the site, where the area in the north-west of the site should be extended to incorporate a greater proportion of the semi-improved and ruderal grassland currently present.

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV10 and ENV27 of the Unitary Development Plan.

 

41.      Prior to the commencement of any works on site, a detailed scheme for the retention of the scrub and habitat around the periphery of the site boundary, particularly at the eastern and southern boundaries, shall be submitted to and approved in writing by the Local Planning Authority and the development shall be implemented thereafter in accordance with the approved scheme.

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV10 and ENV27 of the Unitary Development Plan.

 

42.      A site Management Plan of all habitats and vegetation areas shall be prepared by a suitably qualified ecologist to give detail of how the site shall be managed in the future once development is complete, which shall consider at least the following 10 years, to be submitted to and approved in writing by the Local Planning Authority prior to the first beneficial use of the site, and the development shall be implemented thereafter in accordance with the approved scheme.

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV10 and ENV27 of the Unitary Development Plan.

 

43.      Prior to commencement of development, a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority, which shall take into account the elevated coastal position of the site. The landscaping scheme shall also 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.

 

44.      The scheme of landscaping submitted in relation to Condition No. 43 shall include locations and areas for all biodiversity planting; including but not exclusive to, tree and matrix under storey planting on the eastern boundary, meadow planting on the western side of the south-western public open space, and wildlife friendly planting throughout public open space areas.

           

Reason:

           

To demonstrate Local Authority compliance with S40 of the NERC Act 2006 and to ensure compliance with Policies ENV10 and ENV27 of the Unitary Development Plan.

 

45.      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 dwellings 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.

 

46.      The reserved matters application(s) shall include full details of the laying out and means of construction of all areas of open space within the site, including full details and specifications of all play equipment including the MUGA, NEAP, LAPS, changing facilities, any seating and other associated features (including lighting) to be sited within these areas.

             

Reason:

           

In order to fully consider the acceptability of the proposed open space and its management at reserved matters stage and to ensure compliance with Policies ENV27, HOUS8 and REC3 of the Unitary Development Plan.

 

47.      The reserved matters application shall be supported by a public art strategy and the details shall include a feature or features of public art integrated within the development which shall be specifically commissioned for the site.

           

Reason:

           

To ensure that public art is provided as integral part of the development in accordance with the Public Art Supplementary Planning Guidance.

 

(Note: Councillor P.J. Clarke spoke on this application with the consent of the Committee)

 

 

2012/00699/FUL      Received on 26 June 2012

(P113)

Mr. William Clay C/o Agent

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

 

Coed Hills Rural Artspace, Coed Hills Farm, Coed Hills, St. Hilary, Cowbridge

 

Regularisation of the Artspace access point, creation of overspill car park facility and associated works

 

APPROVED subject to the following condition(s):

 

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

           

Reason:

           

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

 

2.         Prior to their use in the construction of the track, junction improvements and parking area hereby approved, details of the materials to be used for the hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority.  The details shall include the provision of a permanent bound flexible surface for the 10 metre by 5 metre area at the junction with Llantrythyd Road.  The development shall thereafter be carried out in accordance with the approved details and shall, thereafter be so retained unless the Local Planning Authority agrees in writing to any variation.

           

Reason:

           

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

 

3.         Notwithstanding the submitted details, 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 any to be retained, together with measures for their protection in the course of development.  The scheme shall also include the details, including species mix, of the replacement hedgerow at the junction improvements with Llantrydhyd Road and the details, including location, of the landscaping bunds enclosing the car park area. 

 

Reason:

           

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

 

4.         All planting, seeding, turfing or earth works comprised in the approved details of landscaping shall be carried out prior to the first planting and seeding seasons following the first beneficial use of the access track and parking area 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.

 

5.         The junction improvement works, including the permanent bound flexible surface for the 10 metre by 5 metre area at the junction with Llantrythyd Road and the provision of a visibility splay of 2 metres by 33 metres in both directions, shall be implemented in accordance with the approved details prior to the first beneficial use of the access track and car parking area hereby approved.  The vision splay shall thereafter be so retained free from obstruction or planting greater than 900mm in height at all times to serve the development hereby approved.

           

Reason:

           

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

 

 

2012/00862/OUT     Received on 14 August 2012

(P124)

Winchester Development Company, C/o Agent

Mr. Peter Waldren, White Young Green, 5th Floor, Longcross Court, 47 Newport Road, Cardiff, CF24 OAD

 

FormerEmporium GardenCentre, Fferm Goch, Llangan

 

Outline erection of 40 dwellings with associated access and landscaping. All matters reserved

 

DEFERRED              for site visit

 

 

2012/01092/FUL      Received on 12 October 2012

(P167)

Mrs Sally Chapman 25, Pwll-y-Myn Crescent, Peterston Super Ely, Vale of Glamorgan, CF5 6LR

Mr. Paul Thomas Utopia Design, 5, Amberton Place, Penydarren, Merthyr Tydfil, CF47 9HX

 

Curtilage of Croes y Parc Chapel, Peterston Super Ely

 

Single storey community building (Sunday School), including temporary caravan siting

 

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 community hall and associated works hereby permitted shall be used in association with the existing Croes y Parc Chapel and only for the purpose(s) specified in the application and for no other purpose whatsoever, including any other purpose in Class D1 of the schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order.

           

Reason:

           

To control the precise nature of the use of this countryside location in the interests of the setting of the Listed Chapel, the character and appearance of the Ely Valley and Ridge Slopes Special Landscape Area, and neighbour amenity in accordance with Policies ENV1 - Development in the Countryside, ENV4 - Special Landscape Areas, ENV17 - Protection of Built and Historic Environment, and ENV27 - Design of New Developments of the Unitary Development Plan.

 

3.         Notwithstanding the submitted plans, before its positioning on site, further details of the siting of the temporary caravan shall be submitted to and agreed in writing with the Local Planning Authority. The revised siting shall ensure the retention of the existing Beech tree.

           

Reason:

           

To ensure the retention of the existing Beech tree in the interests of the visual amenities of the site in accordance with Policies ENV4 - Special Landscape Areas, ENV11 - Protection of Landscape Features, and ENV27 - Design of New Developments of the Unitary Development Plan.

 

4.         This consent, insofar as it relates to the siting of the caravan, shall be for a temporary period only and the caravan shall be removed from the site on the first beneficial use of the community hall hereby permitted or whichever is the sooner within five years of the date of this permission.

             

Reason:

           

In the interests of visual amenity, including the setting of the Grade II Listed Chapel and the Ely Valley and Ridge Slopes Special Landscape Area in accordance with Policies ENNV4 - Special Landscape Areas, ENV17 - Protection of Built and Historic Environment, and ENV27 - Design of New Developments of the Unitary Development Plan.

 

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

           

Reason:

           

In the interests of visual amenity, including the setting of the Grade II Listed Chapel and the Ely Valley and Ridge Slopes Special Landscape Area in accordance with Policies ENNV4 - Special Landscape Areas, ENV17-Protection of Built and Historic Environment, and ENV27 - Design of New Developments of the Unitary Development Plan.

 

6.         Before their construction on site further details of the proposed bicycle parking and recycling area shall be submitted to and agreed in writing with the Local Planning Authority. The bicycle and recycling area shall be implemented in accordance with the approved details prior to the first beneficial use of the community hall hereby approved and shall be so retained on site at all times thereafter.

           

Reason:

           

Full details have not been provided and in the interests of visual amenity, including the setting of the Grade II Listed Chapel and the Ely Valley and Ridge Slopes Special Landscape Area in accordance with Policies ENNV4 - Special Landscape Areas, ENV17 - Protection of Built and Historic Environment and ENV27-Design of New Developments to ensure a suitable form of development of the Unitary Development Plan.

 

7.         The proposed car parking, as indicated on Drawing No. PSE/03b, shall be fully implemented before the first beneficial use of the community hall hereby permitted, 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 with 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 in accordance with Policies TRAN10 - Parking, and ENV27 - Design of New Development of the Unitary Development Plan.

 

8.         A landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development on works to the community hall hereby permitted which shall include indications of all existing trees and hedgerows on the land and details of any to be retained including the Beech tree, together with measures for their protection in the course of development.

           

Reason:

           

In the interests of the visual amenities of the site in accordance with Policies ENV4 - Special Landscape Areas, ENV11 - Protection of Landscape Features, and ENV27 - Design of New Developments of the Unitary Development Plan.

 

9.         Foul and surface water discharge shall be drained separately from the site.  No surface water shall be allowed to connect either directly or indirectly to the public sewerage system unless otherwise approved by the Local Planning Authority.

           

Reason:

           

To prevent hydraulic overloading of the public sewerage system and to ensure no detriment to the environment in accordance with Policy ENV29 - Protection of Environmental Quality of the Unitary Development Plan.

 

10.      The building hereby permitted shall not be used for any purpose outside the following times 8.00am to 11.00pm on any day unless otherwise agreed in writing by the Local Planning Authority.

           

Reason:

           

To safeguard the amenities of adjoining occupiers, and to ensure compliance with the terms of Policy ENV27 - Design of New Developments of the Unitary Development Plan.

 

11.      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 in the interests of the visual amenities of the site in accordance with Policies ENV4 - Special Landscape Areas, ENV11 - Protection of Landscape Features, and ENV27 - Design of New Developments of the Unitary Development Plan.

 

 

2012/01114/FUL      Received on 18 October 2012

(P182)

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

 

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

  • The dwellings and apartments shall be built and thereafter maintained as affordable housing units in perpetuity.
  • The developer shall pay the sum of one hundred and three thousand and five hundred pounds (£103,500) to the Council to provide or enhance public open space or recreation facilities likely to be used by the future occupiers of the site.
  • The restriction of the occupancy of the flats to ensure that school age children do not occupy the development.
  • Meet the Council’s standard charge set at 20% of the planning application fee, for monitoring the implementation of the Agreement (which in this case equates to £4,448).

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 the 18 October 2012 other than where amended by Drawings 20 and 21 rev A, received on 18 December 2012.

           

Reason:

           

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

 

3.         Notwithstanding the submitted details, and prior to their use in the development hereby permitted, a detailed 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.

 

4.         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.

 

5.         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.

 

6.         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, prior to the first occupation of the dwelling/apartment or in accordance with an alternative timetable that has first been agreed in writing by the Local Planning Authority.

           

Reason:

           

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

 

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

           

Reason:

           

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

 

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

           

Reason:

           

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

 

9.         A ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall ‘very good’ and a minimum of 6 credits under ‘Ene1 - Reduction of CO2 Emissions’ has been achieved for that building in accordance with the requirements of BREEAM 2008, prior to the occupation of the building or in accordance with an alternative timetable that has first been agreed in writing by the Local Planning Authority.

           

Reason:

           

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

 

10.      Notwithstanding the submitted plans, further details of both hard and soft landscape works, to include all hard surfacing materials (including samples) to the full extent of the site frontages to Thompson Street and Greenwood Street; minor artefacts and structures (e.g. bollards, furniture, barriers, cycle stands, signs, etc.) shall be submitted to and approved in writing by the Local Planning Authority and these works shall be implemented in accordance with the approved scheme prior to the development hereby permitted being brought into beneficial use.

           

Reason:

           

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

 

11.      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.

 

12.      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.

 

13.      Notwithstanding the terms of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending, revoking or re-enacting that Order no fence, wall or means of enclosure (other than those approved under the terms of Condition No. 12 of this planning permission) shall be erected, constructed, improved or altered on site without the prior consent of the Local Planning Authority.

           

Reason:

           

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

 

14.      Prior to first beneficial use of any of the A1 or A3 units hereby permitted, a loading/unloading area shall be provided on Greenwood Street in accordance details that shall have first been submitted to and approved in writing by the Local Planning Authority. The loading bay shall be retained for those purposes at all times thereafter.

           

Reason:

           

To ensure appropriate provision is made for the servicing of the approved development, in the interests of highway safety, and to accord with Policy ENV27 of the Unitary Development Plan

 

15.      The development shall not be brought into beneficial use until such time as the proposed loading/unloading bay on Greenwood Street has been constructed/ provided (in accordance with details approved under Condition No. 14 of this planning permission and a new Traffic Regulatory Order (TRO) for the full length of the bay has been made and implemented on site, prohibiting the waiting of vehicles at any time.

           

Reason:

           

To provide adequate kerbside capacity for loading / unloading associated with the servicing of the use of the building, and to ensure compliance with the terms of Policies ENV27 and TRAN10 of the Unitary Development Plan.

 

16.      Notwithstanding the submitted plans, prior to the first beneficial occupation of any part of the development, the existing vehicular access into the Magistrate's Court car park from Thompson Street shall be stopped up and a public footway and enlarged parking lay-by shall be provided, all in accordance with details (including materials) which shall have first been submitted to and agreed in writing by the Local Planning Authority.

           

Reason:

           

To ensure appropriate parking provision is made, in the interests of highway safety and visual amenity, and to accord with Policy ENV27 of the Unitary Development Plan.

 

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

           

Reason:

           

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

 

18.      No development shall commence until such time as a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be disposed of, has been submitted to and approved in writing by the Local Planning Authority, and no building shall be occupied until such time as such agreed drainage works have been implemented in accordance with the approved details.

 

Reason:

           

To ensure that effective drainage facilities are provided for the development, and that no adverse impact occurs to the environment or existing pubic sewerage system, and to ensure compliance with the terms of Policies ENV7 and ENV27 of the Unitary Development Plan.

 

19.      The details required in connection with Condition No. 18 above shall include, and be informed by, the results of an assessment of the potential for disposing of surface water by means of a sustainable drainage system.  Where a sustainable drainage scheme is to be provided, the submitted details shall:

           

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

           

ii.         Include a timetable for its implementation; and

           

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

           

Reason:

           

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

 

20.      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 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.

 

21.      Prior to the commencement of development, details of the finished levels of the site and buildings in relation to existing ground levels and the existing building (to include sections and details of any retaining structures and the raised walkway adjacent to Greenwood Street) shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

           

Reason:

           

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

 

22.      Prior to the first beneficial use of the A3 unit hereby approved, a scheme of fume extraction shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be fully implemented prior to the development hereby approved being brought into beneficial use and shall thereafter be so maintained at all times.

           

Reason:

           

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

 

23.      Prior to the first beneficial use of the A3 unit hereby approved, details of a noise attenuation scheme to minimise transmission of airborne noise shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme of noise attenuation shall be fully implemented prior to the development hereby approved being brought into beneficial use, and shall thereafter be retained in its approved form.

           

Reason:

           

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

 

24.      The use hereby permitted shall not be open to customers outside the following times: 08.00 - 11.00, Mondays - Sundays.

           

Reason:

           

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

 

25.      The use hereby approved shall only be as a restaurant or cafe within Use Class A3 of the Town and Country Planning (Use Classes) Order 1987, and shall not be used for any other purposes, including any other purpose in Class A3, or in any provision equivalent to that class in any statutory instrument revoking and re-enacting that Order.

           

Reason:

           

To safeguard the amenities of adjoining occupiers, and to ensure compliance with the terms of Policies ENV27 and ENV29 of the Unitary Development Plan.

 

26.      Prior to the commencement of development (including any demolition), a Method Statement for the demolition, clearance of the site and construction of the development, including details of mitigation measures to dealing with noise and dust, disposal of demolition waste and the hours of work, shall be submitted to and approved in writing by the Local Planning Authority. The development shall at all times thereafter be carried out in accordance with the approved details.

           

Reason:

           

To ensure a safe and satisfactory form of development and to protect the amenities of nearby occupiers and to ensure compliance with Policies ENV27 of the Unitary Development Plan.

 

27.      No part of the development hereby approved shall be brought into beneficial use until such time as the parking areas, including all associated access and turning areas, have been laid out in full accordance with the details shown on Drawing No. 21, rev A, and the parking, access and turning 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 Policy ENV27 of the Unitary Development Plan.

 

28.      Prior to the first beneficial occupation of any part of the development hereby approved, the rear lane from which the development would be accessed (shown on Drawing No. 21 Rev A as 'Rear Access Lane') shall be re-surfaced in accordance with details (to include the extent of the lane to be re-surfaced and sections of the construction of the new surface) that shall have first been submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

In order to ensure an a satisfactory means of access to the development hereby approved and to ensure compliance with Policies ENV27 and HOUS8 of the Unitary Development Plan.

 

29.      All of the A3 and A1 units hereby approved shall be built, fitted out to a shell and core specification, to be first agreed in writing with the Local Planning Authority, and made available for rent / sale prior to the first occupation of any of the dwellings or apartments hereby approved. The A1/A3 units shall thereafter be marketed until such time that all of the A1/A3 units are sold or leased, in accordance with a marketing plan (which will detail tenure, rental levels and types of operator) said plan to first be submitted to and agreed in writing by the Local Planning Authority. 

 

Reason:

           

To ensure a comprehensive and mixed use development of the site in accordance with Policies 9, ENV27 and SHOP2 of the Unitary Development Plan.

 

30.      Prior to the commencement of development, a management plan shall be submitted to and agreed with the Local Planning Authority in respect of the maintenance of and control of parking upon the rear lane from which the development would be accessed (shown on Drawing No. 21 Rev A as 'Rear Access Lane') and such plan shall make provision, prior to the first beneficial occupation of any part of the development hereby approved, for the road to be re-surfaced in accordance with details (to include the extent of the lane to be re-surfaced and sections of the construction of the new surface) that shall have first been submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

In order to ensure a satisfactory means of access to the development hereby approved and to ensure compliance with Policies ENV27 and HOUS8 of the Unitary Development Plan.        

 

31.      Prior to the commencement of development, details of an external lighting scheme for the development (which shall pay special regard to the lighting of the rear lane from which the development would be accessed (shown on Drawing No. 21 Rev A as 'Rear Access Lane')) shall be submitted to and agreed in writing by the Local Planning Authority and the approved plan shall be implemented prior to the first beneficial occupation of any part of the development hereby approved.

           

Reason:

           

In order to ensure a satisfactory means of access to the development hereby approved and to ensure compliance with Policies ENV27 and HOUS8 of the Unitary Development Plan.

 

(Note: Councillor C.P.J. Elmore spoke on this application with the consent of the Committee)

 

 

2012/01211/FUL      Received on 15 November 2012

(P210)

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

 

REFUSED

 

The proposal would result in an inappropriate form of tandem development which would be at odds with and out of keeping with the development pattern of the area due to its cramped and contrived layout and impact on the spacious layout of the existing bungalow.  The proposal is therefore considered contrary to Policies ENV27 - Design of New Developments, HOUS2 - Additional Residential Development, HOUS8 - Residential Development Criteria and HOUS11 - Residential Privacy and Space within the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011 and the guidance set out in the Amenity Standards Supplementary Planning Guidance and Planning Policy Wales (Edition 5) 2012.

 

 

2012/01224/FUL      Received on 16 November 2012

(P227)

Camborne Energy Investments (3) Ltd., 1, Caspian Point, Pierhead Street, Cardiff, CF10 4DQ

Ms. Alison Smith, Pegasus Group, Pegasus House, Querns Business Centre, Whitworth, Cirencester, Gloucestershire, GL7 1RT

 

Land at the Garn, St. Hilary

 

Construction of a solar park to include the installation of solar panels to generate up to 7.5MW of electricity with transformer housings. Security fencing and cameras, landscaping and other associated works

 

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 the 26 November 2012, other than where amended and supplemented by the 1:5000 scale land ownership plan reference received on the 16 January 2013, the indicative sections and compound layout plan received on the 22 January 2013 and amended site location plan and block plan (ref: C.0445_11-E) received on the 24 January 2013.

           

Reason:

           

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

 

3.         Prior to the commencement of development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority, to include details of parking for construction traffic, the proposed routes for heavy construction vehicles, timings of construction traffic and means of defining and controlling such traffic routes and timings (to include restrictions to ensure Heavy Goods Vehicles only turn into the site from the west bound direction of the A48 with a left hand turn). The development shall at all times thereafter be carried out in accordance with the approved details unless the Local Planning Authority gives prior written consent to any variation.

           

Reason:

           

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

 

4.         Prior to the commencement of development details of measures for wheel washing and dust suppression shall be submitted to and approved in writing by the Local Planning Authority and the approved measures shall be fully implemented on site prior to the commencement of any works and shall thereafter be so retained for the duration of the construction phase 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.         Within three months of the completion of construction of the development, the temporary access track shall be removed from site and the land restored in accordance with a scheme, the details of which shall first be submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

 

6.         Prior to the commencement of development, a comprehensive Habitat Management Plan (HMP) shall be submitted to and approved in writing by the Local Planning Authority and the development shall at all times proceed in accordance with the approved HMP and all of the recommendations set out in the submitted Ecology Report from Abbey Sanders Ecology, dated July 2012.

           

Reason:

           

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

 

7.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no fencing or means of enclosure other than those hereby approved, shall be erected within the site unless details of such means of enclosure have first been submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

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

 

8.         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 within the site and those to be retained, and details of the composition and specific location of the new hedgerows to be provided together with measures for the protection of existing trees and hedges during 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.

 

9.         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 completion of the development, with all new hedgerows and other planting provided as part of the approved landscaping scheme, together with the existing hedgerows and trees along the boundary between the A48 verge and the top field, managed and maintained for the duration of the life of the solar park in accordance with a programme of works  that shall first be submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

In order to ensure the existing and new hedgerows provided as part of the development are retained and managed throughout the life of the development, in the interests of the amenity of the countryside, and to ensure compliance with Policies COMM8 - Other Renewable Energy Schemes - and ENV 27- Design of New Developments, of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

 

10.      No external artificial lighting shall be installed during the operation of the site as a solar photovoltaic facility.

           

Reason:

           

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

 

11.      Within 25 years and six months following completion of construction of the development, or within six months of the cessation of electricity generation by the solar photovoltaic facility, or within six months following a permanent cessation of construction works prior to the solar photovoltaic facility coming into operational use, whichever is the sooner, the solar photovoltaic panels, frames, foundations, and all associated structures and fencing hereby approved shall have been dismantled and removed from the site. The developer shall notify the Local Planning Authority in writing no later than five working days following cessation of power production. The site shall subsequently be restored in accordance with a scheme, the details of which shall be submitted to and approved in writing by the Local Planning Authority no later than three months following the cessation of power production or within 25 years of the completion of construction, whichever is the sooner.

           

Reason:

           

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

 

12.      Prior to the commencement of the development hereby approved, an Environmental Management Plan and Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out fully in accordance with these approved documents.

           

Reason:

           

In order to minimise the environmental impacts of the development and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

 

13.       Prior to the commencement of development, a breeding bird survey (particularly to assess the use of the site by Skylarks) shall be submitted to and approved in writing by the Local Planning Authority and the development shall at all times thereafter be carried out in accordance with the recommendations contained in the report as approved.

 

Reason

 

In the interests of protecting ecology and to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

 

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