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 PLANNING COMMITTEE

 

Minutes of a meeting held on  3rd July 2014.

 

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

 

Also present: Councillor R.F. Curtis.

 

 

147     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Mrs. M.R. Wilkinson (Vice-Chairman) and E. Hacker.

 

 

148     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 5th June, 2014 be approved as a correct record.

 

 

149     DECLARATIONS OF INTEREST -

 

Councillor A. Parker declared an interest in Planning Application No. 2012/00177/FUL and vacated the room whilst this matter was under consideration.

 

 

150     SITE INSPECTIONS (MD) -

 

RESOLVED - T H A T the attendance of the following Councillors at the sites indicated below on 5th June, 2014 be noted:

 

Apologies for absence were received from Councillors J. Drysdale, K.J. Geary, E. Hacker (sites (b) and (c)), Mrs. V.M. Hartrey (site (a)), K. Hatton, G. John (site (a)), A.G. Powell, R.P. Thomas (sites (b) and (c)) and E. Williams.

 

Councillors C.P. Franks and Mrs. V.M. Hartrey declared an interest in Planning Application No. 2014/00178/FUL - Former Tennis Courts, St. Cyres School Annexe, Murch Crescent, Dinas Powys in that they were Trustees of Dinas Powys Voluntary Concern who would receive monies under the terms of the proposed approval.  Councillors Franks and Hartrey had been granted dispensation by the Standards Committee to speak only on this matter. 

 

(a)   UK Hydroslides, Green Lane, Llantwit Major

Councillor F.T. Johnson (Chairman); Councillor Mrs. M.R. Wilkinson (Vice-Chairman);

Councillors Mrs. P. Drake, E. Hacker, A. Parker, R.A. Penrose, Mrs. A.J. Preston, G. Roberts and R.P. Thomas.

(b)   Land at Romilly Park Road, The Knap, Barry

Councillor F.T. Johnson (Chairman); Councillor Mrs. M.R. Wilkinson Vice-Chairman)

Councillors Mrs. P. Drake, Mrs. V.M. Hartrey, N.P. Hodges, A. Parker and R.A. Penrose.

(c)   Former Tennis Courts, St. Cyres School Annexe, Murch Crescent, Dinas Powys

Councillor F.T. Johnson (Chairman); Councillor Mrs. M.R. Wilkinson Vice-Chairman)

Councillors Mrs. P. Drake, C.P. Franks, Mrs. V.M. Hartrey, A. Parker and R.A. Penrose.

 

 

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

 

 

152     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

 

 

2014/00350/FUL

 

A

 

46, Plassey Street, Penarth

 

Variation of Conditions 1 and 5 of permissions 2011/01074 and 1997/00123/FUL respectively.

 

 

 

2014/00362/LAW

 

A

 

6, Drope Terrace, St. Georges Super Ely

 

Single storey side/rear extension.

 

 

 

2014/00372/FUL

 

A

 

44, Port Road East, Barry

 

Single storey front extension.

 

 

 

2014/00374/FUL

 

A

 

Highfield Farm, Colwinston

 

Change of use from agricultural barn to village shop and cafe

 

 

 

2014/00376/FUL

 

A

 

Penllyne Bungalow, Llanmaes

 

Change of use of the land to the rear and extensions to the property.

 

 

 

2014/00384/FUL

 

A

 

Land off Middlegate Court, Cowbridge

 

To provide car parking for up to 22 cars, with bridged access across ditch, incorporating landscaping (Renewal of 2009/00136/FUL).

 

 

 

2014/00385/FUL

 

A

 

60, Churchfields, Barry

 

First floor extension to form new bedroom.

 

 

 

2014/00386/FUL

 

A

 

3, Llwyn Passat, Portway Marina

 

Proposed balcony to front elevation.

 

 

 

2014/00388/FUL

 

A

 

99, Main Road, Ogmore By Sea

 

Proposed alterations and single storey extension.

 

 

 

2014/00390/FUL

 

A

 

50, Longmeadow Drive, Dinas Powys

 

Demolish existing sun lounge and construct single storey flat roofed extension.

 

 

 

2014/00393/ADV

 

A

 

Unit 1, Birds Lane, Cowbridge

 

1 No. fascia sign and 1 No. projecting sign.

 

 

 

2014/00404/FUL

 

A

 

23, Llwyn y Gog, Rhoose

 

Proposed ground floor side and rear extension. 

 

 

 

2014/00443/ADV

 

A

 

Marks and Spencer Plc, Culverhouse Cross, Cardiff

 

Non illuminated fascia sign.

 

 

 

2014/00455/FUL

 

A

 

25, John Batchelor Way, Penarth

 

Alterations to existing balcony.

 

 

 

2014/00500/OBS

 

P

 

Pant Y Wal Wind Farm, East of Ogmore Valley, Bridgend

 

12 Wind turbines (36mw), access track and associated works for year period - Affect.F/paths 5, 9, 12, 22, 27 and Br/way 40g. Valley.

 

 

 

2014/00216/FUL

 

A

 

7, Button Ride, St. Nicholas

 

Two storey rear extension.

 

 

 

2014/00248/FUL

 

A

 

The Grove, Corntown

 

Two storey extension to side of existing house.

 

 

 

2014/00254/FUL

 

A

 

8, Beach Road, Penarth

 

Proposed two storey entrance extension and window replacement, new boundary wall.

 

 

 

2014/00257/FUL

 

A

 

Hill House, St. Mary Hill, Bridgend

 

Application for variation of conditions 2,5,6 and 8 of planning application 2013/00633/FUL (Erection of a single wind turbine, with a maximum blade height of 77 metres, along with accompanying access track, crane hardstanding, substation, associated underground cabling and temporary construction compound).

 

 

 

2014/00329/FUL

 

A

 

151, Stanwell Road, Penarth

 

Single storey side extension and demolition of detached garage.

 

 

 

2014/00338/FUL

 

A

 

Clifton House, Penylan Road, St Brides

 

Rear conservatory extension and loft conversion.

 

 

 

2014/00365/FUL

 

A

 

Waun Croes, Cross Common Road, Dinas Powys

 

Single storey rear extension and two storey side extension.

 

 

 

2014/00370/FUL

 

A

 

Maesaeson House, Peterston Super Ely

 

Two storey rear extension double garage and detached stable block.

 

 

 

2014/00387/FUL

 

A

 

Craig yr Allt, Llancarfan

 

Single storey rear extension.

 

 

 

2014/00400/FUL

 

A

 

Forest Cafe, Porthkerry Park, Barry

 

Extension and alterations to existing Cafe and associated works.

 

 

 

2014/00401/FUL

 

A

 

33, South Road, Sully

 

Single storey flat roof extension to rear of property, approx 3.1m x 3.2 m.

 

 

 

2014/00408/FUL

 

A

 

56, Golwg y Coed, Barry

 

To convert garage into a room and change up and over garage door for upvc French doors.

 

 

 

2014/00413/HR

 

A

 

Land at Upper House Farm, Port Road, East Aberthaw

 

Provision of new access to farmyard to cater for modern vehicles.

 

 

 

2014/00414/ADV

 

A

 

Londis Supermarket, Shop 4, Plas Cleddau, Barry

 

Manufacture and install 3 fascia's; Manufacture and install 4 digitally printed window graphics; Manufacture and install poster cases; Manufacture and install 4 PET G.

 

 

 

2014/00419/FUL

 

A

 

8, Mountjoy Avenue, Penarth

 

Single storey rear extension and garden room.

 

 

 

2014/00420/LAW

 

A

 

Admiral Public House, 1, Vere Street, Barry

 

Lawfulness Certificate for change of use from Class A3 to Class A1 (retail use).

 

 

 

2014/00421/FUL

 

A

 

53, Cedar Way, Penarth

 

Proposed single storey rear extension.

 

 

 

2014/00422/FUL

 

A

 

42, Cosmeston Drive, Penarth

 

Conversion of double garage into office, gym and artist studio with single storey rear extension.

 

 

 

2014/00435/FUL

 

A

 

20, Ael y Coed, Barry

 

Porch.

 

 

 

2014/00451/FUL

 

A

 

Yorkshire Building Society, 75, High Street, Cowbridge

 

Replacement of two rooflights with two dormers to provide ventilation to loft space.

 

 

 

2014/00463/FUL

 

A

 

14, Crescent Close, Cowbridge

 

Proposed 2 storey side extension.

 

 

 

2014/00471/FUL

 

A

 

15, Llwyn Passat, Portway Marina

 

Proposed balcony to first floor elevation.

 

 

 

2014/00573/PNA

 

A

 

Cwm Derwen, Weycock Road, Barry

 

Extension to existing barn.

 

 

 

2014/00583/PNA

 

R

 

Reg Forse Land, Cog Moors, Nr. Barry

 

Proposed building.

 

 

 

2014/00424/PNT

G

1, The Square, Dinas Powys

1 X Openreach broadband cabinet (PCP013).

 

 

 

2014/00499/SC1

ER

A4226 Five Mile Lane

Proposed highway improvements.

 

 

 

2014/00257/FUL

 

A

 

Hill House, St. Mary Hill, Bridgend

 

Application for variation of conditions 2,5,6 and 8 of planning application 2013/00633/FUL (Erection of a single wind turbine, with a maximum blade height of 77 metres, along with accompanying access track, crane hardstanding, substation, associated underground cabling and temporary construction compound).

 

 

 

2014/00342/ADV

 

A

 

Spar Stores, 73, Stanwell Road, Penarth

 

Replacement fascia sign with trough light.

 

 

 

2014/00409/LAW

 

A

 

277, Gladstone Road, Barry

 

Residential care home.

 

 

 

2014/00423/FUL

 

A

 

9, Primrose Close, Cowbridge

 

Two storey side extension.  Demolish existing rear single storey extension and rebuild as single storey attached to side elevation.

 

 

 

2014/00437/FUL

 

A

 

93, Westbourne Road, Penarth

 

Demolition of existing garage. Construction of four bedroom detached dwelling with integral garage, the forming of a new access to the existing property together with a replacement garage.

 

 

 

2014/00457/FUL

 

A

 

12, Eithinen Ber, Barry

 

Extension of existing wooden fence to side of property. This will incorporate a detached parking space to enable a garden shed to be situated within that extra space.

 

 

 

2014/00477/FUL

 

A

 

3, Mountjoy Place, Penarth

 

New garage to side elevation.

 

 

 

2014/00486/LAW

 

A

 

27, West Terrace, Penarth

 

Loft conversion with dormers to rear.

 

 

 

2014/00122/FUL

 

A

 

Conifers, Grange Avenue, Wenvoe

 

1. Demolition of single storey extension and garage at north end of property. 2. Erection of double storey extension on same site to match existing gabled wing at south end of property. 3. Construction of double garage and store adjacent to south boundary. 4. All works and finishes to match existing building, itself on site of The Grange, a large Victorian mansion.

 

 

 

2014/00149/FUL

 

A

 

1, The Limes, Cowbridge

 

Proposals for a rear extension part single and part two storey.

 

 

 

2014/00245/FUL

 

A

 

Specsavers Opticians, 10, Windsor Road, Penarth

 

Installation of 8 No. outdoor condenser units to the rear elevation first floor.

 

 

 

2014/00246/ADV

 

A

 

Specsavers Opticians, 10, Windsor Road, Penarth

 

Proposed alterations to shopfront signage.

 

 

 

2014/00308/FUL

 

A

 

9, Mountjoy Place, Penarth

 

2 storey side extension to give utility and lounge on ground floor and Bedroom plus en suite at first floor.

 

 

 

2014/00410/FUL

 

A

 

Field OS Number 7552, Llangan

 

Retention of two existing polytunnels, erection of one additional polytunnel and retention of hardcore track.

 

 

 

2014/00425/LBC

 

A

 

Dyffryn Gardens, Dyffryn

 

Repair fountain in Pompeii Garden.

 

 

 

2014/00431/FUL

 

A

 

The Admiral, Vere Street, Barry

 

Proposed customer car parking to rear of the site and installation of external plant equipment.

 

 

 

2014/00433/FUL

 

A

 

123, Stanwell Road, Penarth

 

Provision of off road parking and widening of existing pedestrian access to provide vehicular crossover.

 

 

 

2014/00436/PNT

 

A

 

S/o 63, The Parade, Barry

 

1 X Openreach broadband cabinet

(PCP057v2Replan).

 

 

 

2014/00438/FUL

 

A

 

Hen Felin, Claypit Farm, Colwinston

 

Single storey extension to southern elevation.

 

 

 

2014/00439/FUL

 

A

 

Station Drive, East Aberthaw

 

Renewal of planning permission reference 2009/00505/FUL for erection of one single storey bungalow.

 

 

 

2014/00442/FUL

 

A

 

Ewenny Garden Centre, Wick Road, Ewenny

 

New access for existing garden centre.

 

 

 

2014/00447/FUL

 

A

 

123, Lavernock Road, Penarth

 

Existing bungalow to be altered and extended to a 2 storey dwelling.

 

 

 

2014/00453/FUL

 

A

 

27, Somerset View, Ogmore By Sea

 

Single storey addition to existing dining room extension.

 

 

 

2014/00454/FUL

 

A

 

37, Blackberry Drive, Barry

 

Removal of an existing conservatory, and replace with a brick and timber roof permanent structure.

 

 

 

2014/00462/FUL

 

A

 

Fox House, Penylan Road, St. Brides Major

 

Single storey extension.

 

 

 

2014/00466/FUL

 

A

 

The Waverley Care Centre, 122, Plymouth Road, Penarth

 

Single storey extension to Cliffhaven at the northern boundary of the Care Centre.

 

 

 

2014/00496/FUL

 

A

 

1, Bowmans Well, Cowbridge

 

Two storey side extension and rebuild of existing porch complete with new pitched roof.

 

 

 

2014/00528/FUL

 

A

 

The Greave, Port Road, Wenvoe

 

Replacement of windows with windows and doors including Juliet balconies and the construction of new porch and balcony to an existing residential property.

 

 

 

 

153     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 the appeals for April 2014 to March 2015 as detailed in the report be noted.

 

 

154     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

 

2014/00415/TPO

 

A

 

Rockliffe, Colwinston

 

Reduce weight loading of overhanging limbs by approx 1.5 metres, reduce and shape branches by removal of branch tips back to growing point.

 

 

2014/00491/TPO

 

A

 

Bolston, Bonvilston

 

Fell one Sycamore in rear paddock.

 

 

2014/00469/TPO

 

A

 

90, Fontygary Road, Rhoose

 

Fell Silver Birch and Norway Maple.

 

 

2014/00495/TPO

 

A

 

St. Illtyds Court (former Social Club), Colhugh Street, Llantwit Major

 

Work to Horse Chestnut, Lime and Sycamore.

 

 

 

 

155     ENFORCEMENT ACTION (DDS) -

 

(I)         Land and Buildings at Field Parcel 3914, Saith Farm, Peterston Super Ely (West of Tyn-y-Cae, Groesfan Road) -

 

A complaint had been received by the Council regarding the use of the site as a builder’s yard and tipping at Saith Farm, Peterston Super Ely.

 

The land to which the land related was a 6.5 acre (approx.) site that contained a 350sqm (approx.) barn and two steel box containers.  These were accessed via a 120m long access track from the unadopted highway serving the site and a number of other properties on Station Road, Peterston Super Ely.

 

The access point to the site was, therefore, 350m from the adopted highway Station Road.

 

The site and the barn had a lawful use for agriculture.  The site was also surrounded on all sides by agricultural field parcels.  There was also a small wooded area to the north of the barn.  Public Right of Way No. 8 bounds the site along its southern and western boundaries.

 

Following a site inspection, it was clear that there were a number of ongoing breaches of planning control at the site.  Bearing in mind that the lawful use of the land and the barn was for agriculture the breaches of planning control observed at the site involved a material change of use.

 

The land to the north of the barn, within the wooded area, had been cleared of some ground vegetation and was being used to store a number of skips.  An amount of waste rubble / builders’ material was also being stored on this land and appeared to have been sorted.  The change of use of the land from agriculture / woodland to the storage of skips and the sorting of waste material was a breach of planning control for which consent had not been granted.

 

On both the forecourt of the barn building and in the barn itself a number of lorries were observed.  These were capable of carrying skips and did not appear to be on the site for agricultural purposes.  As these vehicles were not agricultural vehicles, their storage on the site was a further breach of planning control.

There did not appear to be any legitimate agricultural use of the barn itself.  Officers observed that the building was being used to store builders equipment and tools and large building machinery, including a digger, a dumper, a fork lift, a large trailer, a cement mixer, scaffolding etc.  The building was also being used to store builders’ materials including insulation, timber, household appliances and fittings, uPVC windows etc.  The current use of the building for the storage of builders’ machinery, equipment and materials was also a breach of planning control as consent had not been granted for this use. 

 

A large trailer caravan had also been positioned on the land, adjacent to the southernmost elevation of the barn.  The trailer caravan was of the type regularly imported from America and could be towed behind a pick up or small lorry and had also been fitted out with domestic accommodation.  There appeared to be no current use of the caravan, although it was noted that a waste water pipe had been fitted from the side elevation of the trailer to the ground.  The storage of this caravan on the land was a further breach of planning control and its possible use for residential purposes, as previously suggested by the landowner, would also be a breach of planning control. 

 

The remainder of the site was being used for the keeping of horses.  Whilst there appeared to be in excess of 10 horses on the site, there were no stable buildings, save for a small field shelter to the west of the internal access track.  The lawful use of land was for the purposes of agriculture.  Whilst the active keeping of horses did not fall within the definition of agriculture, the grazing of horses did.  As officers did not observe any stable buildings on the site and the horses were certainly not being kept in the barn, the equine use of the site could be considered to amount to grazing and as such would not require the benefit of planning permission.  However, the storage containers, if used for equine purposes or for the storage of builders materials, equipment or machinery, would be on the site in breach of planning control. 

 

The owners of the site had been contacted over the last 12 months and had been asked to voluntarily resolve the breaches of planning control observed at the site.  The owners of the site had confirmed that they had employed an agent to deal with matters and an agent had contacted the Council in this regard.  However, no applications had been submitted to the Council in an attempt to resolve matters at this site.

 

RESOLVED -

 

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

 

(i)         The cessation of the use of the land for skip storage and the removal of all skips

 

(ii)        The cessation of the use of the site for the sorting and storage of waste material and the removal from the land of all waste material

 

(iii)       The cessation of the use of the land, including the barn, for the storage of lorries and the removal from the land of all lorries

 

(iv)       The cessation of the use of the land, including the barn, as a builders store and the removal from the land and barn of all builders machinery, vehicles, equipment and materials

 

(v)        The cessation of the use of the land for the storage of a caravan

 

(vi)       The cessation of the use of the land for residential purposes by virtue of the siting of a trailer caravan and its use for residential accommodation

 

(vii)      The removal of the trailer caravan

 

(viii)     The cessation of the use of the land for the siting of storage containers and their use for the storage of equine and/or construction related items, and the removal of the storage containers.

 

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

 

Reason for decisions

 

(1&2)  The use of Saith Farm as a builders store and for skip storage, the sorting and storing of waste material, the storage of lorries and for the storage of a trailer caravan was considered to be an inappropriate use in this rural location.  The activities at the site generate vehicle movements that were considered to be detrimental to the amenity of nearby residential occupiers and a risk to highway safety on the access track and the adjoining highway network.  The activities at the site were also considered to have an adverse impact on the rural setting, recognised for its landscape value.  Any residential use of the site was also considered to be wholly unjustified.  The unauthorised uses of the site were, therefore, considered to be contrary to Policies ENV1 - Development in the Countryside, ENV4 - Special Landscape Areas, ENV8 - Small Scale Rural Conversions, ENV10 - Conservation of the Countryside, ENV27 - Design of New Developments, EMP2 - New Businesses and Industrial Development, EMP3 - General Industry, EMP7 - Farm Diversification and HOUS3 - Dwellings in the Countryside as well as Planning Policy Wales (Edition 6, 2014), Technical Advice Note 6: Planning for Sustainable Rural Communities, and Technical Advice Note 18: Transport.

 

 

 

(ii)        Land and Buildings at Land at Tyn-y-Waun Farm, Newton, Cowbridge -

 

Previous reports had been presented to Committee regarding the unauthorised activities on land at Tyn-y-Waun Farm, Newton, Cowbridge.  The land was approximately 31 hectares of agricultural land and associated yards.  The yard contained a number of agricultural buildings and a dwelling that was current vacant.

 

The first Committee report sought authorisation to serve an Enforcement Notice and Stop Notice in respect of the excavation of land to construct a series of ponds, the processing of that material and the use of the site as a waste transfer station.  The Enforcement Notice and a Stop Notice had been issued on 16th December, 2009.

 

Following the service of the Notice, the land was understood to have been repossessed and sold at auction.  At that time, whilst the works to excavate the ponds and the use of the site as a waste transfer station had ceased, the ponds still remained and there were still stock piles of waste material and soil mixed with waste material on the land.  The new owner of the site had carried out an assessment of the stock pile material on site and considered the works required by the Notice.  He submitted a proposed restoration plan in December 2012 which proposed a detailed schedule of works needed to comply with the Enforcement Notice.  These works included the processing and sorting of the existing stock pile of materials to remove contaminants and the back filling of only part of the unauthorised ponds (partly because insufficient material would remain to allow for the full back filling of the ponds). 

 

The revised scheme and the background to the case were reported to the Planning Committee on 6th June, 2013 where authorisation was sought to amend the Enforcement Notice, allowing the processing of stockpiles, the laying of temporary access tracks and the retention of part of the ponds. 

 

In April 2014, reports had been received of works ongoing on site.  Contact with the landowners agent confirmed that the works were in compliance with the amended Enforcement Notice.  However, it was alleged that those works may well affect the wildlife habitat on the site, particularly habitat that had formed on the area of the ponds.  Following contact from the Wildlife Police Officer, the Council’s Ecologist attended the site on 15th May, 2014 along with the Police Officer and an Enforcement Officer.  They inspected the pond area to the south west of the site.  The Ecologist’s findings were as follows:

  • the habitats created were of high value to biodiversity
  • the habitats had the potential to support protected and priority species such as Great Crested Newts
  • the site appeared suitable for breeding lapwing
  • the site was suitable for Canada Geese to have laid and incubated a clutch of eggs (as the chicks were small and flightless, it was likely they hatched on or near the site)
  • to continue to implement the Enforcement Notice, the owner may be committing offences under the Wildlife and Countryside Act with reference to breeding birds and Great Crested Newt.  In addition, with respect to Great Crested Newts, the owner may be committing offences under the Habitats Regulations
  • The Local Authority was bound by Section 9A of the Habitats Regulations to preserve, maintain and re-establish a sufficient diversity and area of habitat for wild birds, furthermore, the NERC Act placed a duty on public bodies 'in exercising its functions have regard to the purpose of conserving (includes restoring/enhancing) biodiversity’.

 

Accordingly, the pond area of the site had been recognised as a site of interest for nature conservation and a habitat capable of accommodating at least one European protected species.

 

The Ecologist had confirmed that none of the works on site at present had affected the pond area.

 

The owner of the land and his agent had been contacted following the Ecologist’s site visit and had been asked to cease or not commence any works that affected the pond area for the time being.

 

A recent site visit and meeting had taken place with the land owner and his agent.  The works to screen the stockpiles on site and to maintain/improve the existing section of tracks on the site were drawing to a close.  Again, no works had been carried out to or in the vicinity of the pond area. 

 

The land owner had proposed to deposit the soils that remained following the removal of contaminants (to be taken from the site) and stone (to be used to maintain/improve the existing tracks) over an area of the site that had been subject of soil stripping, carried out by the previous owner of the site, in short, the remaining clean soil would be deposited on an area of approximately 1.3 hectares to a depth of 300 to 450 mms.  The land would then be returned to grass.

 

RESOLVED - T H A T the decision of the Operational Manager for Development Services, shown as below, be noted and endorsed:

 

            (i)         The Council do not enforce any failure to comply with part 5 (x) and (xi) of the amended Enforcement Notice issued on 28th November, 2013.

 

            (ii)        The land owner be directed not to carry out the works required to comply with part 5 (x) and (xi) of the amended Enforcement Notice issued on 28th November, 2013.

 

            (iii)       The Council do not enforce any failure to construct the temporary access track referred to in part 5 (v) and (xiii) of the amended Enforcement Notice issued on 28th November, 2013.

 

            (iv)       That no action be pursued in respect of the deposit of the clean material resulting from compliance with part 5 (viii) and (ix) of the amended Enforcement Notice issued on 28th November, 2013 in the area indicated on the attached plan to a depth of no greater than 450mms. 

 

            (v)        The landowner be advised that any works carried out at the site in respect of point (iv) above must not in any way affect the area of land identified as a Site of Interest for Nature Conservation.

 

 

156     PLANNING APPLICATIONS (DDS) -

 

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

 

RESOLVED - T H A T in pursuance of powers delegated to the Committee, the following applications be determined as indicated and any other necessary action taken.

 

2012/00177/FUL      Received on 28 June 2012

(P34)

Mr. Stephen Danner, 37, Village Farm, Bonvilston, Vale of Glamorgan, CF5 6TY

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

 

Kninkin, St. Hilary

 

Proposed alterations and extensions to existing cottage and detached car port wood store and workshop/garden store plus replacement tree planting

 

APPROVED subject to the following condition(s):

 

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

           

Reason:

           

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

 

2.         This consent shall relate to the following schedule of plans and documents:-

           

-           Site edged red location plan, received 5 June 2014;

 

-           Existing Site Plan, Drwg. No. 535/P/01A, received 7 September 2012;

 

-           Existing Plans, Dwg. No. 535/P/02, received 10 April 2012;

 

-           Existing Elevations, Dwg. No. 535/P/03, received 10 April 2012;

 

-           Proposed Site Plan & Car Port/Wood Store Details, Dwg. No. 535/P/10, received 10 April 2012;

 

-           Proposed Plans, Dwg. No. 535/P/11A, received 28 June 2012;

 

-           Proposed Elevations, Dwg. No. 535/P/12A, received 28 June 2012;

 

-           Proposed Roof Plan and Section, Dwg. No. 535/P/13A, received 28 June 2012;

 

-           Proposed Sections and Construction Notes, Dwg. No. 535/P/14A, received 28 June 2012;

 

-           Site Layout Plan, Dwg. No. 535/P/20A, received 5 June 2014;

 

-           Archaeological Watching Brief, Report Number WBR/553/12, Cardiff Archaeological Unit, received 18 June 2012; and

 

-           Design and Access Statement, received 1 February 2012.

           

Reason:

           

For the avoidance of doubt as to the approved plans and documents and in the interests of the character and appearance of this part of the St. Hilary Conservation Area and the wider Lower Thaw Valley Special Landscape Area in accordance with Policies ENV4-Special Landscape Areas, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

 

3.         Notwithstanding the submitted plans, within one month of the date of this consent, further details of the proposed landscaping of the triangular area of land that lies immediately to the north of the authorised residential curtilage, as identified on Dwg. No. 535/P/20A, amended plan received 5 June 2014, shall be submitted to the Local Planning Authority for their approval in writing. The additional details shall include:

           

-           Full details of the species, size number and position of the trees and hedging.

           

-           Revised details for the earth bund and stone faced hedge bank, with the sides being tapered and the width at the top being half that of the base.

           

-           Details of the required staking and protection of the planting.

           

-           A management plan for the establishment of the planting.

           

The agreed landscaping scheme shall be fully implemented within the first planting season following the Local Planning Authority's written approval on the further details, 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 compensation for the loss of the original trees in the interests of the character and appearance of this part of the St. Hilary Conservation Area and the wider Lower Thaw Valley Special Landscape Area in accordance with Policies ENV4-Special Landscape Areas, ENV11-Protection of Landscape Features, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

 

4.         This consent does not grant or imply any permission for the use of the additional triangular area of land immediately to the north of the authorised residential curtilage for domestic garden purposes.

           

Reason:

           

The land is required to provide substantial replacement tree planting and its use for domestic garden purposes would have an adverse impact on the character and appearance of the St. Hilary Conservation Area and the Lower Thaw Valley Special Landscape Area contrary to Policies ENV1-Development in the Countryside, ENV4-Special Landscape Areas, ENV11-Protection of Landscape Features and ENV20-Development in Conservation Areas of the Unitary Development Plan.

 

 

2014/00191/FUL      Received on 19 February 2014

(P45)

Greenfinch Investments Ltd. C/o Agent

Renewables First, 11, Wimberley Park, Knapp Lane, Brimscombe, Stroud, Gloucestershire, GL5 2TH

 

Garn Farm, St. Hilary

 

The erection and operation of a single wind turbine (maximum height 99.5m to blade-tip), with associated infrastructure including turbine hardstanding, construction compound (temporary), new site access track, cabling and control building.  Areas for potential micrositing have been included as follows: 50m for the turbine and control building; and 5m either side of the access track.

 

REFUSED    (written representations)

 

1.         The proposed turbine by virtue of its scale and siting, will cause demonstrable harm to the safety of air traffic associated with Cardiff Airport contrary to criterion (ix) of Policy COMM7 of the Vale of Glamorgan adopted Unitary Development Plan 1996-2011.

 

2.         By reason of the size of the turbine, its sensitive rural location in close proximity to Special Landscape Areas and heritage assets and the degree to which it would be visible from surrounding view points, the proposal would appear as visually harmful form of development that unacceptably impacts landscape qualities and cultural heritage assets in the surrounding countryside area, contrary to Policies ENV4 – Special Landscape Areas, ENV17 – Protection of Built and Historic Environment, ENV27 - Design of New Developments, and COMM7 - Wind Generators and Farms, of the Vale of Glamorgan adopted Unitary Development Plan 1996-2011 and the advice contained within Technical Advice Note 8 - Planning for Renewable Energy and Planning Policy Wales (Edition 6).

 

3.         By reason of its size, siting and proximity to neighbouring properties and the nature of the information contained within the submitted noise assessment, the applicant has failed to demonstrate that the proposed wind turbine would not result in a level of noise that would be demonstrably harmful to residential amenity. The development is, therefore, contrary to Policies ENV27- Design of New Developments, ENV29 - Protection of Environmental Quality and COMM7 - Wind Generators and Wind Farms, of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

 

4.         By reason of its size and siting and the nature of the information contained within the submitted ecological assessment, the applicant has failed to demonstrate that the proposed wind turbine would not result in an unacceptable impact upon statutorily protected species and therefore fails to satisfy the 'three tests' for derogation conditions under Article 16 of the EC Habitats Directive. The application is therefore contrary to Policy ENV16 - Protected Species of the Unitary Development Plan and the Councils adopted Supplementary planning guidance on Biodiversity and Development, along with national guidance contained in Planning Policy Wales and TAN5 - Nature Conservation and Planning, as well as the Conservation of Habitats and Species Regulations 2010.

 

 

2014/00258/FUL      Received on 7 March 2014

(P67)

Waterstone Homes Ltd C/o Agent

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

 

Land at Penylan Farm, Penylan Road, St. Brides Major

 

Proposed residential development and associated highway and ancillary works

 

It was reported that the word 'not' should have been inserted between the worlds 'will' and 'significantly' in the report, page 78, 3rd paragraph, 8th line.

 

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

  • The developer shall pay the sum of thirteen thousand, six hundred and eighty pounds (£13,680) 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 Legal Agreement will include the standard clause requiring the payment of a fee to monitor and implement the Legal Agreement (£396 in this case).

APPROVED subject to the following condition(s):

 

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

           

Reason:

           

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

 

2.         This consent shall only relate to the amended plans received on 19 May 2014 and 4 June 2014 and the development shall be carried out strictly in accordance with these details.

           

Reason:

           

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

 

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

           

Reason:

           

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

 

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

           

            Monday to Friday     0800 - 1800

            Saturday                  0800 - 1300

           

Unless such work:

           

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

           

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

           

Reason:

           

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

 

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

           

Reason:

           

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

 

6.         Prior to the commencement of works on the new vehicular access to serve the development, full engineering details of the vehicular access, internal drives and turning areas shall be submitted to and approved in writing with the Local Planning Authority.  The agreed new vehicular access, internal drive and turning area shall be thereafter fully implemented in accordance with the approved details before the first beneficial occupancy of the development hereby permitted.

           

Reason:

           

In the interest of highway safety and to ensure a satisfactory form of access to serve the development and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

 

7.         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.

           

Reason:

           

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

 

8.         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.

 

9.         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.

 

10.      Details of the proposed re-location of the lighting column shall be submitted to and approved in writing by the Local Planning Authority prior to the first beneficial occupation of the development hereby approved.  The lighting column shall be relocated in accordance with the approved details prior to the first beneficial occupation of the development.

                       

Reason:

                       

To ensure adequate lighting and ensure compliance with Policy ENV27 of the Adopted Unitary Development Plan.

 

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

 

Reason:

           

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

 

12.      No development shall commence until the developer appoints an independent highway maintenance consultant to carry out a full and comprehensive condition survey of the local highway network from the application site to its connection with Ewenny Road (B4265) and the survey shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

           

Reason:

           

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

 

13.      Within 2 months of the substantial completion of the 6th dwelling, the developer shall appoint an independent maintenance consultant to carry out a full and comprehensive condition survey of the highway network referred to in Condition No. 12 above, so as to identify any difference in the condition of the highway since the commencement of the construction of the dwellings, and any repairs required as a consequence.  The survey shall be submitted to and approved in writing by the Local Planning Authority.

           

Reason:

           

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

 

14.      Following the second survey referred to in Condition No. 13, the developer shall carry out any repairs to the adopted highway identified in the second survey, unless otherwise agreed in writing by the Local Planning Authority, in accordance with timescales to be agreed in writing by the Local Planning Authority within 1 month of the completion of the second survey.

           

Reason:

           

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

 

15.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order) the dwellings hereby approved shall not be extended or altered in any way without the prior written consent of the Local Planning Authority.

 

Reason:

           

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

 

16.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order) no building, structure or enclosure required for the purpose incidental to the enjoyment of a dwelling-house shall be constructed, erected or placed within the curtilage of the dwellings hereby approved without the prior written consent of the Local Planning Authority.

           

Reason:

           

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

 

17.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 and the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Orders revoking or re-enacting those Orders), no gates, fences, walls or other means of enclosure, other than those approved under Condition No. 9, shall be erected, constructed or placed on the application site without the prior written consent of the Local Planning Authority.

           

Reason:

           

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

 

18.      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.

 

19.      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.

 

20.      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.

 

21.      The implemented drainage scheme for the site should ensure that all foul and surface water discharges separately from the site and that land drainage run-off shall not discharge, either directly or indirectly, into the public sewerage system.

           

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.

 

22.      Prior to the commencement of development, details of the finished levels of the site and dwellings in relation to existing ground levels shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

           

Reason:

           

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

 

23.      The development hereby approved shall be carried out in strict accordance with the measures contained in the Acer Ecology Bat Survey June 2014, received on the 4 June 2014 and 23 June 2014 and the nesting birds Method Statement June 2014 received 23 June 2014, and these mitigation measures shall be completed in full prior to the first beneficial use of the building, and thereafter retained at all times. Within 2 months of the completion of the development, a post construction report shall be submitted to and approved in writing, which provides confirmation of compliance with the above referenced Ecology Report.

                       

Reason:

                       

In order to ensure the protection and retention of a bat roost within the site, and to ensure compliance with Policy ENV16 of the Unitary Development Plan and the EC Habitats Directive.

 

 

2014/00398/FUL      Received on 9 April 2014

(P91)

Mr & Mrs Andrew Lord Ty Cerrig, Maerdy Newydd, Bonvilston, Vale of Glamorgan, CF5 6TR,

Mr & Mrs Andrew Lord Ty Cerrig, Maerdy Newydd, Bonvilston, Vale of Glamorgan, CF5 6TR,

 

Land at Ty Cerrig, Maerdy Newydd, Bonvilston

 

Change of use to allow the siting of two shepherd's huts and the construction of two wooden cabins to provide holiday accommodation

 

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 cabins and shepherd huts hereby approved shall only be used or occupied as holiday accommodation and shall not be occupied as a person's sole or main residence or for any other use falling within Class C3 of the Town and Country Planning (Use Classes Order) 1987 as amended or any subsequent Order amending, revoking or re-enacting that Order.

           

Reason:

           

In order that the Local Planning Authority can retain control over the scale and form of the development as the site is not located in an area where permanent residential accommodation would be approved, and in accordance with Policies ENV1 - Development in the Countryside; HOUS3 - Dwellings in the Countryside; TOUR4-Caravan, Chalet and Tent Sites and EMP2 - New Business and Industrial Development of the Unitary Development Plan.

 

3.         A register of the names and addresses of all occupiers of the holiday accommodation hereby approved, including the dates of occupancy, shall be maintained and made available for inspection by the Local Planning Authority within 2 weeks of the Local Planning Authority making a request in writing to view the register.

           

Reason:

           

To enable the Local Planning Authority to control the nature of the use in accordance with Policies ENV1 - Development in the Countryside; HOUS3 - Dwellings in the Countryside; TOUR4-Caravan, Chalet and Tent Sites and EMP2 - New Business and Industrial Development of the Unitary Development Plan.

 

4.         No person or persons shall occupy the holiday accommodation hereby approved for a period longer than 8 weeks at any one time, and they shall not return to occupy the holiday accommodation within 6 weeks of that occupancy period ceasing.

           

Reason:

           

To enable the Local Planning Authority to retain control over the scale and form of development as the accommodation has been approved as holiday lets only in accordance with Policies ENV1 - Development in the Countryside; HOUS3 - Dwellings in the Countryside; TOUR4-Caravan, Chalet and Tent Sites and EMP2 - New Business and Industrial Development of the Unitary Development Plan.

 

5.         The Local Planning Authority shall be informed within 1 month of the cessation of tourism use of the cabins and shepherd huts hereby approved, and the cabins and shepherd huts, and all associated structures (including the bases) shall be removed from the site within 3 months of the date of this notification.

           

Reason:

           

To ensure that the approved buildings are only used for the tourism use approved, and not left as a redundant structures, in the interests of the character and appearance of the surrounding countryside and neighbouring amenity in accordance with Policies ENV1-Development in the Countryside, ENV27-Design of New Developments, TOUR4-Caravan, Chalet and Tent Sites, and HOUS3-Dwellings in the Countryside of the Unitary Development Plan.

 

6.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order) the holiday let accommodation hereby approved shall not be extended or altered in any way without the prior consent of the Local Planning Authority.

           

Reason:

           

To enable the Local Planning Authority to control the scale of development in the interests of the rural character of the area in accordance with Policies TOUR4 - Caravan, Chalet and Tent Sites and ENV27 - Design of New Developments of the Unitary Development Plan.

 

7.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking or re-enacting that Order with or without modification, no hard surfacing, gates, fences, walls or other means of enclosure shall be erected, constructed or placed on the application site without the prior written consent of the Local Planning Authority.

           

Reason:

           

To ensure that no amenity/parking areas, or separate residential curtilages, are created in the interests of the character and appearance of the rural landscape in accordance with Policies ENV1 - Development in the Countryside, TOUR4 - Caravan, Chalet and Tent Sites and ENV27 - Design of New Developments of the Unitary Development Plan.

 

8.         Notwithstanding the submitted plans, before their installation on site, further details of the precise siting of each of the cabins and shepherd huts, shall be submitted to and agreed in writing with the Local Planning Authority. The details shall be to a scale of at least 1:200 and shall show the location of the units in relation to existing features, including trees and boundaries, and the public footpath. The development shall be implemented thereafter in accordance with the approved details.

           

Reason:

           

In the interests of visual amenity and to ensure no conflict with the public footpath in accordance with Policies TOUR4-Caravan, Chalet and Tent Sites, REC12-Public Rights of Way and Recreational Routes, ENV11-Protection of Landscape Features and ENV27-Design of New Developments of the Unitary Development Plan.

 

9.         Before their installation on site, further details of the recycling area and the solar panels, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be implemented thereafter in accordance with the approved details.

           

Reason:

           

In the interests of visual amenity and the character and appearance of the surrounding countryside in accordance with Policies TOUR4-Caravan, Chalet and Tent Sites and ENV27-Design of New Developments of the Unitary Development Plan.

 

10.      The parking associated with the use of the holiday accommodation hereby permitted shall be within a communal area provided within the existing hard surfaced area outside of the existing outbuilding located in the south eastern corner of the application site, as indicated in the Design and Access Statement. No separate individual parking or vehicular access will be provided for any of the units, including any made-up pedestrian tracks.

           

Reason:

           

In the interests of visual amenity and the character and appearance of the surrounding countryside in accordance with Policies TOUR4-Caravan, Chalet and Tent Sites and ENV27-Design of New Developments of the Unitary Development Plan.

 

11.      Before the commencement of the development hereby permitted, details of a Surface Water Management Plan, which shall demonstrate how surface water will be managed appropriately at the site, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be implemented thereafter in accordance with the agreed plan.

           

Reason:

 

To ensure protection of the nearby watercourse in accordance with Policies ENV7-Water Resources and ENV29-Protection of Environmental Quality of the Unitary Development Plan.

 

12.      Before the commencement of the development hereby permitted, details of a Reed Bed Maintenance Management Plan shall be submitted to and agreed in writing with the Local Planning Authority. The Management Plan shall identify how the reed bed system will be maintained, and outline a contingency plan for alterative (temporary) means for foul drainage during winter months if the reed beds become frozen. The reed bed system shall be implemented and maintained for the lifetime of the development in accordance with the agreed plan.

           

Reason:

           

To ensure the system works effectively and is regularly maintained to safeguard against pollution and in the interests of public health and safety in accordance with Policies ENV27-Design of New Developments and ENV29-Protection of Environmental Quality of the Unitary Development Plan.

 

13.      Details of any facility for bicycle parking as detailed in the Design and Access Statement shall be submitted to and approved in writing by the Local Planning Authority and only such facility as approved by the Local Planning Authority shall be provided on site.

           

Reason:

           

To ensure the system works effectively and is regularly maintained to safeguard against pollution and in the interests of public health and safety in accordance with Policies ENV27-Design of New Developments and ENV29-Protection of Environmental Quality of the Unitary Development Plan.

 

 

2014/00584/RG3      Received on 21 May 2014

(P110)

Mr. Jonathan Werrett, Vale of Glamorgan Council, Provincial House, Kendrick Road, Barry, Vale of Glamorgan, CF62 8BF

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

 

Barry Comprehensive School, Port Road West, Barry

 

Demolition of existing two storey art block and replacement with single storey modular building

 

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

 

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

           

Reason:

           

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

 

 

157     MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

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

 

 

158     PLANNING APPLICATION (DDS) -

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

 

Having considered the application for planning permission, and where appropriate, the observations of interested parties

 

RESOLVED - T H A T in pursuance of powers delegated to the Committee, the following application be determined as indicated and any other necessary action taken:

 

2014/00324/FUL      Received on 26 March 2014

 

Ray Baker Arch. Consultant, 22, Cwm Barry Way, Barry, Vale of Glamorgan, CF62 6LB

Barry Rugby Football Club, Reservoir Fields, Merthyr Dyfan Road, Barry, Vale of Glamorgan.

 

Barry Rugby Football Club, Reservoir Fields, Merthyr Dyfan Road, Barry

 

New floodlighting (6 x 12m columns) to recently developed training ground

 

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 floodlighting hereby approved shall be installed and operated strictly in accordance with the details specified in the application, and prior to the first beneficial use of the floodlights, a test operation shall be carried out to ensure that the lights function in accordance with the supporting details / plans and documents received on 24th June 2014.  The results of the test shall be submitted to and approved in writing by the Local Planning Authority before their first beneficial use.  The lights shall at all times thereafter only be operated in accordance with the details / plans and documents received on 24th June 2014, unless the Local Planning Authority gives written consent to any variation.

           

Reason:

                       

To safeguard the environment in general, reduce light pollution, protect amenities of nearby residents and to meet the requirements of Policies ENV27 and ENV29 of the Vale of Glamorgan adopted Unitary Development Plan 1996-2011.

 

3.         The floodlights hereby permitted shall not be illuminated between the hours of 9.00 p.m. and 8.00 a.m., unless otherwise agreed in writing with the Local Planning Authority.

                       

Reason:

                       

To safeguard the amenities of neighbouring occupiers and to ensure compliance with the terms of Policies ENV27 and ENV29 of the Vale of Glamorgan adopted Unitary Development Plan 1996-2011.

 

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