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PLANNING COMMITTEE

MINUTES of a meeting held on 13^th December, 2006.

Present: Councillor A.D. Dobbinson (Chairman); Councillor Ms. R.M. Birch (Vice-Chairman); Councillors Mrs. M.E.J. Birch, G.A. Cox, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, M.R. Harvey, F.T. Johnson, Mrs. M. Kelly Owen, G.C. Kemp, A.G. Powell, Mrs. M. Randall, S.T. Wiliam, and A.J. Williams.

Also present: Councillors A.J. Readman and K.R. Stockdale.

636 APOLOGIES FOR ABSENCE -

These were received from Councillors R.J. Bertin, Mrs. A.J. Preston, W.C. Vaughan and M.R. Wilson.

637 MINUTES -

RESOLVED - T H A T the minutes of the meeting held on 15^th November, 2006 be approved as a correct record.

638 DECLARATIONS OF INTEREST -

The following Members declared interests as indicated below:

Councillors G.A. Cox, A.D. Hampton, M.R. Harvey, G.C. Kemp and A.J. Williams.

Planning Applications: 2006/01432/RG3, 2006/01507/RG3 and 2006/01508/RG3

(former Cabinet Members).

Councillor F.T. Johnson

Land north of the railway line, Rhoose: Draft Development Brief: Results of Public Consultation Exercise

(resident of Rhoose Point).

The above Members vacated the room during the consideration of the said applications.

Councillor Mrs. M. Kelly Owen

Building regulation application: 2006/1959/BR - Erw’r Delyn School, Penarth

(Chair of Governing Body).

639 VALE OF GLAMORGAN CONSERVATION ADVISORY GROUP (EXTENDED GROUP MEETING) -

The following report of a meeting held on 29^th November, 2006 was submitted:

Present: Councillor Ms. R.M. Birch (Chairman); Mr. A.H. Jones (Barry Preservation Society), Mr. R. Simpson (Campaign for the Protection of Rural Wales), Mr. B. Graham-Woollard (Colwinston), Mr. L. Millar (Cowbridge Chamber of Trade), Mr. G.H. Haynes (Cowbridge and District Local History Society), Mrs. L. Adams (Cowbridge with Llanblethian Town Council), Mr. D. Matthews (Dinas Powys), Mr. J.L. Robinson (Llanmaes), Mr. G. Robertson (Penarth Society), Mr. M. Flynn (RTPI), Mr. R. Traherne (St. Georges and St. Brides super Ely), Mr. H.C. Mustow (St. Nicholas and Bonvilston), Mr. R. Hulin and Mrs. E. Jervis (Wenvoe), and Mrs. C. Brown (Wick).

Officers: Mr. R. Cole, Mr. M. Goldsworthy, Mr. N. Lloyd and Ms. J.L. Pugh.

(a) Apologies for absence -

These were received from Mrs. P. Goodwin (Pride in Barry), Mr. A. Hodgson (Dinas Powys), Mr. M. Jones (Llantwit Major History Society), Mr. J. Veysey (Llancarfan) and Mrs. J. Williams (Victorian Society).

(b) Minutes -

AGREED - T H A T the minutes of the meeting held on 5^th October 2006 be agreed.

(c) Information Feedback -

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

2005/01511/FUL

2, Beach Road, Penarth

2006/00172/FUL

Cardiff & Vale NHS Trust, 2, Stanwell Road, Penarth

2006/00525/FUL

Barn No. 2 of Orchard Farm House, Boverton Park

2006/00746/FUL

15, Albert Crescent, Penarth

2005/01955/FUL

Former Post Office Sorting Offices, Llanmaes Road

2006/00969/FUL

Mediterraneo Restaurant, 10, The Esplanade

2005/01828/FUL

Land adjacent to Bonvilston Village Hall, Bonvilston

2006/00364/FUL

Upper House Garage, Turkey Street, Llantwit Major

2006/00890/CAC

Upper House Garage, Turkey Street, Llantwit Major.

(d) Applications in Conservation Areas -

Cowbridge with Llanblethian

(i) 2006/01419/FUL Received on 12 October 2006

Dr. Jemmett & Partners and Dr. Jones & Partners, C/o Agent.

Brackley Investments Limited, 6, Lower Farm Barns, Bainton Road, Bucknell, Bicester, Oxon., OX27 7LT

The Bear Field, The Broadshoard, Cowbridge

Erection of two storey medical centre with associated access, parking and landscaping.

Whilst the Group had no objection in principle to the construction of a medical centre on the site, the Group RECOMMENDED – REFUSAL on the grounds that the scale, form, design and materials of construction would neither preserve nor enhance the character of the conservation area.

(ii) 2006/01284/FUL Received on 13 September 2006

Mr & Mrs J H Newmark

Old Factory House, Factory Road, Llanblethian

Construction of a new detached, two storey, pitched roof, five bed dwelling.

RECOMMENDED – REFUSAL on the grounds that the scale of the proposal represented an intrusion into the rural setting and a loss of open space adversely impacting on the historic setting and character of the conservation area.

(d) Conservation Area Management in the Vale of Glamorgan (DEER) -

The Council had appointed a specialist consultant (The Conservation Studio) to independently and critically appraise the current system relating to conservation area management. The consultant would consider the following two broad areas

· conservation area coverage

· internal structures, processes and attitudes to managing conservation area

legislation.

In terms of the former, the review would cover an overview of the extent/validity of conservation area designations, and the potential for new and amended designations and de-designations; the potential for enhanced recognition of key building groups within a broader conservation area context, and the policies which might be applied to such groups; the evaluatory framework which supported the above; and a review of current policy, supplementary planning guidance and recommendations for policies that might be included in the forthcoming Local Development Plan (LDP).

The review would also cover ways of improving integration in terms of management; the potential for improved outreach to stakeholders and the future role of the Conservation Advisory Group; the performance of development control, enforcement and day-to-day response to design issues; and the context of emerging legislation in the historic built environment. As part of the commission, a consultant had interviewed selected key stakeholders. A further presentation would be made to the Planning Committee on 13^th December, 2006, it being noted that the Planning Committee had already endorsed the above arrangements.

The Chairman then welcomed Eddie Booth and Nathan Blanchard, Director and Senior Associate of the Studio respectively, to the meeting. The purpose of the presentation was not only to inform the Group of the work being undertaken to appraise conservation areas in the Vale and the management system which supported that service, but to seek the views of key stakeholders such as the Group. It was recognised that conservation areas were not static in their content; that incremental changes in the content of conservation areas had taken place over time with, in some cases, a consequential loss of character; and that interest in the significance of other places had actually grown in recent years, justifying the consideration of potential new designations. The consultants had looked at each of the 38 conservation areas in the Vale and quoted the many positive elements identified as the high level of retention and survival, the lack of highway clutter, strong definable character areas, very few designation gaps, benign management of resource and recent infill development quality. Under the heading of issues and challenges facing the Vale, the consultants had identified past infill development quality and layout and its impact on settlement form; level of alteration to key external features and erosion of special interest; over restoration (quality) and conversion (loss of vitality) of properties; and management of the differing public realm (spaces) within settlements – the consultants remarking that, in the case of the later, there were very few bad examples within conservation areas although it was an issue that would need to be addressed in the preparation of the Local Development Plan to prevent any increase.

The consultants confirmed that only one area was likely to be put forward for de-designation. At this juncture, comments as to the perceived quality of the Vale’s conservation areas were invited from the floor. Comments included the need to preserve what already existed to prevent the erosion of features of special interest – although it was pointed out that a large number of changes did not require planning permission (would communities welcome greater controls such as Article 4 directions? [the Local Authority only has one such direction at present operating in selected parts of Penarth]. How might this be resourced?). The importance of preservation and of retaining the rural nature of the Vale with, in particular, its patchwork of villages was reiterated. Another comment referred to the uses of Development Briefs to inform developers that design was paramount and that “one size” did not fit all when it came to buildings in conservation areas. It was noted that adjustments to conservation areas boundaries might well be necessary to take account of anomalies which might have arisen since those boundaries were first drawn (new building etc.) as well as where the character of areas had eroded.

Discussion then focussed on the role of the Group acting as it did as the interface between the community and the Council, ensuring that the views of the community were heard and playing too a monitoring role on developments underway all over the Vale. The feedback on applications considered by the Group and then determined by the Planning Committee showed that the views expressed in the Group were often borne out – although it was accepted that the terms of reference under which the Group made its recommendations were more limited than those of the Planning Committee. One particular issue on which the Group considered more information would be useful was to be notified of the detail of amendments received following consideration of the application by the Group but prior to the application being submitted to the Planning Committee. Such details would, it was considered, help the Group better assess its effectiveness to date and inform future decision making.

Differing views were expressed as to the composition of the Group, and on the value of localised opinion playing the key role in the formulation of recommendations on planning applications as opposed to a wider Vale response. It was explained that the Council had, at one time, had a separate Conservation Advisory Group for each of its areas but, following a review in the late 1990s, had adopted the current arrangements. One of the particular strengths of the current membership it was felt was the high level of commitment shown by members who were often able to speak authoritatively about a proposal outside their geographical area but with which they had familiarised themselves or, if that were not the case, to have regard to the application and consider the proposal – often in accord with the view expressed locally. It was also considered to be a positive benefit to be made aware of a variety of opinion. Another issue raised by the Group related to the fact that that not all applications for development in conservation areas came before the Group for consideration, although it was explained that there was an approved criteria governing such applications, that the opportunity to comment need not be channelled through the Group, and that there was a statutory time period within which all planning applications had to be determined.

In response to questions, the Group confirmed it would like to have a wider policy development role than at present and that additional training would prove useful; the view was expressed that the Group would prefer to make more proactive recommendations and be seen as a driver for positive improvement. The resourcing of both of the above – both by the Council and in terms of the increased commitment from members of the Group was, however, recognised. Following this stakeholder consultation exercise, the consultants would be examining policies and procedures within the Council together with undertaking a benchmarking exercise with other authorities to identify best practice and assess whether that adequately met the needs of the community. Members of the Group were asked to forward any additional comments to the Conservation Studio.

In conclusion, and following further discussion on the above and related matters, it was confirmed that no changes would be made within current conservation areas or to their designation without further consultation and that the consultants’ final report would be submitted to the Group for further consideration upon its publication in the new year.

________________________

RESOLVED - T H A T the report be noted.

640 PLANNING RELATED PROSECUTIONS (DLRS) -

Details were presented of the planning related prosecutions undertaken by the Legal Services Department in the Magistrates/Crown Court during October 2006.

RESOLVED - T H A T the position be noted.

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

RESOLVED -

(1) T H A T the determination of building regulation applications as listed in the report be noted.

(2) T H A T the service of notices under the Building (Approved Inspectors etc.) Regulations 2000, as listed in the report, be noted.

642 PLANNING APPLICATIONS DETERMINED BY THE DIRECTOR UNDER DELEGATED POWERS (DEER) -

RESOLVED - T H A T the report on the following applications determined under delegated powers be noted:

Decision Codes

A - Approved

C - Unclear if permitted (PN)

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

V - Variation of condition(s) approved

2004/02048/FUL

57, Dobbins Road, Barry

Erection of a house (former house was demolished on this site)

2006/00474/FUL

292, Holton Road, Barry

Change of use from vacant print works to A3 takeaway

2006/00656/FUL

8, Cwrt-Y-Vil Road, Penarth

Two storey extension to form new utility, bathroom and dressing room and garage

2006/00831/FUL

Llandow Touring Caravan Park, Llandow

Deletion of condition 6 of consent 06/00105/FUL to enable the park to be use for seasonal tourers

2006/00832/FUL

Llandow Touring Caravan Park, Llandow

Variation of Condition 1 of consent 06/00105/FUL to exclude requirement for caravans to be removed from site between 1st December and 1st February

2006/00884/FUL

17, Crescent Close, Cowbridge

Single storey extension and extension of curtilage and erection of 2m enclosure

2006/01088/FUL

218, Holton Road, Barry

Extension to ground floor retail unit and extension to flat above

2006/01110/FUL

21, Walker Road, Barry

Two storey side extension

2006/01172/FUL

Garage area, side of 56, Court Road, Barry

Change of garage use into a lock up shop for hairdressing

2006/01187/FUL

70, Monmouth Way, Boverton, Llantwit Major

Rear extension

2006/01241/FUL

Plot 5, Off Merthyr Dyfan Road, Barry

Minor amendments to planning application 05/00224/FUL

2006/01259/HR

Cherry Trees, Sigginston

Removal of hedge

2006/01262/FUL

2, Woodlands Close, Cowbridge

Single storey side extension

2006/01272/FUL

Woodlands Bungalow, The Spinney Holiday Park, Beach Road, Swanbridge

Construction of a car port

2006/01273/FUL

118, Lavernock Road, Penarth

Proposed porch extension and new vehicle access

2006/01278/FUL

16, Boverton Court, Boverton

Two storey rear extension

2006/01279/FUL

42, Westward Rise, Barry

Single storey rear and side extension

2006/01280/FUL

70, St. Davids Crescent, Penarth

3.0m x 3.0m Edwardian conservatory

2006/01282/FUL

5, Rowan Grove, St. Athan

Two storey side extension

2006/01286/FUL

10, Bassett Road, Sully

uPVC conservatory to rear

2006/01289/FUL

1, Ffordd Cwm Ciddy, Barry

Single storey side & rear extension

2006/01295/LAW

4, Cledwen Close, Barry

Porch underneath existing front entrance canopy roof

2006/01296/FUL

Ysgubor Fawr, Wallas, Llampha, Ewenny

To retain barn conversion as constructed

2006/01299/FUL

43, Rhoose Road, Rhoose

Single storey porch to side of property serving first floor apartment

2006/01303/FUL

8, Merthyr Street, Barry Dock

Formation of habitable room in roof space with rear dormer

2006/01306/FUL

Greystone Cottage, St. Brides Super Ely

Two storey extension

2006/01317/FUL

Little West Farmyard, Broughton Road, Wick

Demolition of dilapidated stables block and erection of new stable block

2006/01323/FUL

14, Village Farm, Bonvilston

Two storey extension to provide a new kitchen and dining room, rebuild the garage with 2 no. ensuite bedrooms at first floor

2006/01339/FUL

Little Coldbrook House, Coldbrook Road East, Barry

Ground floor extension to front and first floor extension to side and front porch

2006/01400/SC2

ITV Wales site, Culverhouse Cross

Environmental impact assessment - scoping request-mixed use redevelopment

2006/01513/OBS

Land at Mynydd Pwllryhebog, south of Clydach Vale/North west of Gilfach Goch, Porth

Proposed erection of seven wind turbines to form part of the Fforch Nest wind farm with associated tracks, masts and extra stretch of bridleway

2005/01511/FUL

2, Beach Road, Penarth

Change of use from nursing home to 8 no. apartments

2006/00172/FUL

Cardiff & Vale NHS Trust, 2, Stanwell Road, Penarth

Proposed extension to existing offices to provide additional office accomodation and an enclosed fire escape

2006/00604/FUL

Old Court, 6, Station Road, Dinas Powys CF64 4DE

Rear boundary wall

2006/00989/OUT

Land rear of Ydfa, Corntown

Proposed detached dwelling house

2006/01032/FUL

Plots A and B, Westcliffe, Cardiff Road, Dinas Powys

2 No. three bedroom bungalows in the gardens of Westcliffe

2006/01056/FUL

63, Colcot Road, Barry

Division of existing 3 bed house into two one bed flats

2006/01115/FUL

Goldthorn, Parc Newydd, Treoes

Two storey extension

2006/01154/FUL

Dickens, 26, Forrest Road, Penarth

Two storey side and first floor extensions

2006/01218/FUL

32, Cae'r Odyn, Southra Park, Dinas Powys,

2 storey side and rear extensions

2006/01232/FUL

First Floor, 6, Andrews Building, Stanwell Road, Penarth

Change of use of first floor from A2 to D1. After school tuition for children aged 6-16 i.e. teaching rooms and office

2006/01235/FUL

1, Sycamore Crescent, Barry

Proposed two storey and single storey extension

2006/01240/OUT

27, Vincent Close, Barry

Erect detached dwelling in grounds of 27, Vincent Close, Barry

2006/01245/FUL

Chandlers KBS, Chandler House, Terra Nova Way, Penarth Marina

Rear office extension and additional parking

2006/01281/FUL

Hendre Alcam, Wick Road, Llantwit Major

Change of use of three areas of agricultural land to garden curtilage and two storey extension to garage to provide fitness/gym room, ground floor toilet and shower room/first floor general household storage.

2006/01288/FUL

3, Ffordd Cwm Ciddy, Barry

Double extension to rear and side elevations

2006/01294/FUL

Carmel Chapel, Bonvilston

Change of use of chapel into residential accommodation

2006/01302/ADV

140b, Holton Road, Barry

Proposed new rebranding signage

2006/01312/FUL

43, Scott Close, St. Athan

Conservatory

2006/01315/FUL

Ash Cottage, Ystradowen

Two storey addtion to side to provide en-suite and store alterations and additions to rear to provide conservatory and additonal accommodation

2006/01320/FUL

14, Windsor Terrace, Penarth

Replacement UPVC windows to the front of house

2006/01324/FUL

73, The Verlands, Cowbridge

Installation of solar panels on the east facing roof and the west facing roof

2006/01325/FUL

Min Y Coed, Llandough

Ground and first floor extensions and alterations

2006/01333/FUL

Skomer, Marine Parade, Penarth

Provision of flat roof dormer in gable valley in rear facing roof and amendment to existing rooflights (2No.) on the roofplane facing the lane on the annex

2006/01334/FUL

3, Rookery Close, Sully

Two storey side extension

2006/01337/FUL

6, Channel View, Penarth

New balcony on the existing roof of the garage with new French doors replacing window

2006/01338/FUL

Glenbrook, Llandow

Detached garage and driveway

2006/01346/FUL

182, Port Road East, Barry

Extension to side and rear of existing dormer bungalow and new garage

2006/01359/FUL

4, St. Johns Place, Rhoose

Rear facing dormer to accomodate bedrooms and en-suite shower

2006/01361/ADV

J. S. Bowsher Ltd., Plot 3, Atlantic Business Park, Barry

Letters projected off face of building, sign is the company name

2006/01363/FUL

Barclays Bank, 73, Holton Road, Barry

Installation of 10 external condensers at rear of building on flat roof

2006/01365/FUL

10, Fairfield Close, Llantwit Major

Single storey extension to side/rear. Room in roof space. Dormer to existing roof. Detached double garage

2006/01372/FUL

8, Tenby Close, Dinas Powys

Proposed front extension

2006/01377/FUL

CCC, Cogan Hill, Windsor Road, Penarth

Renewal of application, Permanent siting of Portacabin to serve car sales

2006/01382/FUL

The Retreat, St. Nicholas

Proposed secondary access and inprovements to existing access

2006/01383/FUL

22, Morningside Walk, Barry

Dormer window to rear roof

2006/01389/FUL

The Talbots, Walterstone

First floor extension over garage and balcony to replace existing front lean-to roof

2006/01406/FUL

48, Murch Road, Dinas Powys

Dormer loft conversion

2006/01417/FUL

7, Hawthorn Close, Dinas Powys

Two storey extension to side, consisting of garage and new lounge, bedroom with ensuite and loft conversion

2006/01424/FUL

18, Highwalls Road, Dinas Powys

Ground floor extension

2006/01427/FUL

10, Powys Drive, Dinas Powys

New single storey extension comprising a shower and WC

2006/01451/FUL

3, Thompson Street, Barry

Delete Condition 2 of planning permission 04/01367/FUL

2006/00463/FUL

6, Elm Grove Lane, Dinas Powys

Two storey extension providing small entrance hall at front, new dining at rear to ground floor and master bed, en-suite and walk-in wardrobe at first floor

2006/00525/FUL

Barn No. 2 of Orchard Farm House, Boverton Park, Boverton

Alterations and refurbishment of existing barn and cart shed to convert to dwelling and garage respectively

2006/00638/FUL

Weycock Cross Service Station, Port Road, Barry

Demolition of existing structures and removal of existing tank vents to provide an upgraded petrol filling station

consisting of a new sales building/forecourt shop (Class A1), canopy, pumps, ATM, storage compound, car parking and modifications to the access off Port Road West (A4226)

2006/00746/FUL

15, Albert Crescent, Penarth

Two storey side extension plus conservatory to include additional play room and baby unit

2006/00961/FUL

Ty With Newydd, Tredodridge

Renewal of temporary consent for caravan (04/00305/FUL)

2006/01116/FUL

Land at rear of 82/84, Port Road East, Barry

New low energy dwelling house (two storey) complete with double garage, courtyard/forecourt and gardens

2006/01204/FUL

Gorllwyn, Pendoylan

Two storey western wing extension comprising dining and study at ground floor and master bed, en-suite and walk-in-wardrobe at first floor

2006/01336/FUL

2, Llys Dewi, Llantwit Major

Two storey lounge, WC, bathroom and bedroom extension

2006/01348/LAW

Ty Fry Cottage, Pendoylan

Retention of conservatory

2006/01354/FUL

Court Farm, Bonvilston

Extension of existing property with proposed conservatory

2006/01355/FUL

Court Farm, Bonvilston

Extension of existing games room with single storey stable block, housing three horses and hay store

2006/01357/FUL

The Malsters, Trerhyngyll

Demolish existing garage/conservatory and erect an attached garage and annexe.

2006/01362/FUL

27, Spencer Drive, Llandough

Conservatory at rear of property

2006/01366/FUL

29, Rhodfa Sweldon, Barry

Single storey rear extension to existing detached dwelling

2006/01368/FUL

Walnut Tree House, Cross Common Road, Dinas Powys

Garage extension

2006/01378/FUL

26, Village Farm, Bonvilston

Side and rear ground floor extensions

2006/01379/FUL

140b, Holton Road, Barry

Proposed new shopfront enhancements

2006/01386/FUL

11, Lavernock Road, Penarth

Retention of single storey rear extension

2006/01390/FUL

The Glenbrook Inn, Dobbins Road, Barry

Construction/provision of a timber frame structure to provide a sheltered section to beer garden

2006/01391/FUL

13, Plassey Square, Penarth

Construct garage and construct room in roof - amendments to Ref: 2006/00454/FUL

2006/01401/ADV

South perimeter of The Business Centre, Priority Business Park, Cardiff Road, Barry

Flag poles

2006/01407/FUL

The Highwayman Inn, Port Road, Nurston

Removal of portacabin, conversion of part of existing outbuilding to new reception office, movement of fence to pub car park with stained timber panel screens

2006/01426/FUL

104, Colcot Road, Barry

Conservatory

2006/01433/FUL

19, Brean Close, Sully

Single storey extension to rear and side of existing dwelling

2006/01436/OUT

28, Adenfield Way, Rhoose

Single storey two bedroom bungalow

2006/00872/FUL

202, Holton Road, Barry

Ground floor change of use from newsagents to restaurant

2006/01198/FUL

41, Baron Road, Penarth

Proposed kitchen and retain sunroom extension

2006/01300/FUL

Cross Farm, Sigginston

Amendment to planning permission 00/00716/FUL, demolition and reconstruction of wall

2006/01314/FUL

Garden of 34, Tynewydd Road, Barry

Construction of new detached dwelling

2006/01326/FUL

Site adjacent to Orchard House, Boverton Road, Boverton

Construction of single detached dwelling

2006/01344/FUL

127, Port Road West, Barry

Proposed double storey extension to existing property and new double garage

2006/01345/LAW

The Acorns, Aberthin

Continued use of land as garden curtilage

2006/01352/FUL

Lower Barn, Southra, Dinas Powys

Proposed breakfast room extension

2006/01353/FUL

Lower Barn, Southra, Dinas Powys

Conversion of existing integral garage to guest bedroom and proposed sub terrain garage

2006/01360/FUL

24, Shakespeare Drive, Llantwit Major

Proposed single storey lean-to extension

2006/01367/FUL

12, Great House Meadows, Llantwit Major

Installation of PVCu conservatory to rear elevation

2006/01373/FUL

3, Cae Canol, Cogan Hall Farm, Penarth

Retrospective application for rear conservatory

2006/01376/ADV

HSBC Bank, 1, Herbert Terrace, Stanwell Road, Penarth

Shop signage

2006/01381/FUL

HSBC Bank, 1, Herbert Terrace, Stanwell Road, Penarth

Replacement of existing shop front and installation of 1 no. ATM machine

2006/01387/FUL

26, Croffta, Southra, Dinas Powys

Renewal of planning consent 01/00831/FUL - two storey extension

2006/01394/FUL

1, Red Lion Cottages, Bonvilston

Removal of beech hedge and increase height of existing stone wall to 1.9 m

2006/01396/FUL

Elfed Avenue United Church, Elfed Avenue, Penarth

Change windows in choir room to a doorway. Change all windows to light oak uPVC framed with doubled glazed safety glass

2006/01398/FUL

18-19, Broad Street, Barry

Minor internal and external alterations and alteration of condition 3 of application no. 04/00617/FUL to allow premises to be used as licensed bar

2006/01402/FUL

11, Heol Corswigen, Barry

Conversion of existing garage into second lounge

2006/01403/OUT

Ty Buwch, Bute Lane, Penarth

Demolition of existing buildings and construction of 1 dwelling

2006/01405/FUL

9, Craven Walk, Penarth

Kitchen extension and conservatory

2006/01411/FUL

3, Rowan Close, The Paddocks, Penarth

Change flat roof over lounge and porch into pitched roof

2006/01414/FUL

7, Hastings Close, Penarth

Single storey side extension

2006/01415/FUL

12, Paget Road, Penarth

Take down and rebuild front elevation

2006/01416/FUL

12A, Paget Road, Penarth

Take down and rebuild front, splay and side elevation

2006/01431/FUL

Byeways, Marcross

Single storey kitchen/dining extension

2006/01446/FUL

Cartref, Llandow

Single storey extension (with storage in roof space accessed from existing building first floor) and extenal works including construction of steps/patio and landscape

2006/01455/FUL

Beechwood, Wick Road, Ewenny

Renewal of existing permission 96/00969/FUL - detached bungalow

2006/01478/FUL

1, Custom House Place, Penarth Marina, Penarth

Provision of first floor balcony two doors in lieu of windows and window to ground floor and side of existing projecting dormer

2006/01486/FUL

Flat No. 49A, Plymouth Road, Penarth

Conversion of existing bathroom into single bedroom, demolition of existing lean-to and erection of new lean-to extension to kitchen at rear

2006/01487/FUL

6, Primrose Close, Cowbridge

Rear conservatory

2006/01512/FUL

Blossom Hill, Sutton, Near Cowbridge

P shaped Victorian style conservatory in mahogany uPVC sited on a brown brick walled base

2006/01534/FUL

111, Westward Rise, Barry

Erection of conservatory.

643 APPEALS (DEER) -

RESOLVED -

(1) T H A T the list of appeals received and decisions concerning appeals arising from the refusal of the Council to grant planning permission or in respect of enforcement action, as detailed in the report, be noted.

(2) T H A T the statistics relating to appeals for April 2006 to March 2007 and the list of forthcoming hearings and public inquiries, as detailed in the report, be noted.

(Note: Councillor K.R. Stockdale spoke on the above matter with the consent of the Committee).

644 TREES (DEER) -

RESOLVED - T H A T the report on the following applications as determined by the Director under delegated powers be noted:

Decision Codes

A - Approved

E Split Decision

R - Refused

2006/01356/TCA

The Rectory, Peterston-Super-Ely

Remove Conifer tree

2006/01503/TPO

Llanblethian Church, Llanblethian

Work to Yew tree

2006/01301/TPO

1, Longmeadow Drive, Dinas Powys

Remove Oak tree

2006/01329/TPO

Plymouth House, Dimlands Road,

Work to trees

2006/01342/TCA

The Kymin, Beach Road, St. Augustine’s Triangle and West House, Stanwell Road, Penarth

Work to trees

2006/01343/TPO

21, Pwll-Y-Min Crescent, Peterston Super Ely

Work on a Western Red Cedar

2006/01483/TPO

Forest Lyn, Stallcourt Close, Llanblethian

Prune 1 Sycamore

2006/01483/TPO

Forest Lyn, Stallcourt Close, Llanblethian

Fell 1 Sycamore

2006/01496/TPO

1, Clos Llanfair, Wenvoe

Work to Ash tree

2006/01285/TCA

Boundary of No. 1, Llanblethian House with Aoelian House, Llanblethian, Cowbridge

Removal of one Larch tree and one Leylandi

2006/01293/TPO

Land known as The Spinney, St. Mary Church

Work to trees

2006/01410/TPO

25, The Verlands, Cowbridge

Silver Maple - Reduce by approximately 3m and balance the loading of the crown

2006/01450/TPO

Bonvilston Cottage, Bonvilston

Works to trees

2006/01452/TCA

35, Old Port Road, Wenvoe

Reduce overall height of Silver Birch and remove overhanging branches

2006/01485/TCA

18, Mill Park, Cowbridge

Crown and trim Chestnut tree

2006/01512/TCA

Woodlands, Llancarfan

Remove one dying Silver Birch and prune two Silver Birch in front garden.

2006/01468/TPO

Millwood, Pen Y Turnpike Road, Dinas Powys

Fell Lombardy Poplar

2006/01484/TCA

Penlan Cottage, Church Lane, Colwinston

Fell two young Ash trees

2006/01469/TPO

2, The Mount, Dinas Powys

Fell two Sycamore (one multi-stemmed)

2006/01498/TPO

Castlewood, Lettons Way, Dinas Powys

Work to trees

2006/01572/TCA

Wisteria Lodge, 7, The Mount, Dinas Powys

Fell 1 Ash and crown raise to 4.5m – 2 Sycamores

2006/01620/TPO

40, Rheidol Drive, Barry

Fell Oak tree and replant a different species further away from the house.

645 ENFORCEMENT ACTION (DEER) -

(i) No. 94 Dobbins Road, Barry: Unauthorised use of part of No. 94 Dobbins Road as a builders yard/storage facility

Authority was sought to serve an Enforcement Notice in respect of the above. The site had been inspected and it was considered that the primary issues in the case were whether the use was acceptable in highway terms and whether it had an unacceptable impact on the amenities of neighbouring properties. It was considered that, in highway terms, the storage of materials in connection with the builder’s business necessitated additional non-residential related vehicle movements to and from the site to collect and deposit materials which added to the generation of traffic and demand for parking in an already congested area. It was also noted that the building was located within the curtilage of an end of terrace property in a wholly residential area and was situated in extremely close proximity to a number of other dwellings.

By virtue of the noise and nuisance associated with the use and its location within a wholly residential area, the use of part of No. 94 Dobbins Road as a builder’s yard/storage facility had an unacceptable impact on the residential amenities of neighbouring properties. The use, was therefore, contrary to Policies ENV27 - Design of New Developments, ENV29 - Protection of Environmental Quality and EMP3 - General Industrial of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011. The usage had also resulted in an increased number of non-residential related vehicle movements to and from the site to the detriment of the safety and free flow of traffic within the residential area. The use was therefore contrary to Policies ENV27 - Design of New Developments and TRAN 10 - Parking of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

In the event of an appeal being lodged, it was noted that the written representation procedure would be adopted.

RESOLVED - T H A T the Director of Legal and Regulatory Services be authorised to take all necessary action, including action under Section 172 of the Town and Country Planning Act 1990, to ensure:

· the cessation of the unauthorised use of No. 94 Dobbins Road as a mixed use

residential and builder’s yard/storage facility;

· the return of the use of the whole of No. 94 Dobbins Road to a use which fell

within Class C3 of the Town and Country Planning (Use Classes) Order 1987.

Reason for recommendation

In the interests of the amenities of neighbouring properties and the free flow and safety of traffic.

(ii) OS 3300, adjacent The Brambles, Cross Common Road, Dinas Powys: storage of vehicles and caravans

Attention was drawn to the fact that a 1.45 hectare field adjacent The Brambles, Cross Common Road, Dinas Powys, which site had itself been the subject of three separate Enforcement Notices since 1999 - the most recent having been served in March 2006 - had been incorporated into that actioned site and was itself now assuming the same characteristics. It was noted that the Notice served in March 2006 would now be the subject of a prosecution for the non-compliance with its terms. The Brambles was located in an open countryside location and lay within the green wedge between Dinas Powys and Penarth wherein there was a strong planning policy presumption against development which was not for the purposes of agriculture, forestry or horse related uses - nor had any evidence of those activities ever been presented to the Council in the case in question. Based on the landlord’s previous actions, whilst the current unauthorised operations on the newly acquired land were considered a nominal breach of control at present, there was nevertheless evidence that the unauthorised uses on the adjoining site were beginning to encroach onto the new acquired land. In light of those past actions, it might reasonably be anticipated that the landlord could also begin constructing additional unauthorised buildings or relocating van bodies, pens, cages, stables and containers from the other site. As a consequence, authority was sought to cover all those potential future breaches.

RESOLVED - T H A T the Director of Legal and Regulatory Services be authorised to take all necessary action, including action under Section 172 of the Town and Country Planning Act 1990, to ensure:

· the permanent removal from the land and the cessation of the use of the same for

the parking and storing of road vehicles to include cars, vans, pick-up trucks, lorries,

horse boxes, tractors and an ambulance together with any plant, machinery, trailers

and caravans

· the permanent removal from the land and/or the demolition of any built or sited

structures to include any pens, cages, containers, van bodies, stables, enclosures,

deposited wastes, ménage

· the cessation of all and any engineering operations to cut, fill, re-grade or level the

land and the restoration of the land back to original land profiles and contours.

Reason for recommendation

In the opinion of the Local Planning Authority, the use of the land for the storage of road vehicles, caravans, plant and machinery, together with the erection of buildings, pens, cages, enclosures, other structures and also the laying of a ménage, the depositing of various wastes including those to create a track or hard-surface and the carrying out of engineering operations to cut, fill, re-grade or level the land cannot be justified for the purposes of either agriculture, forestry or any horse related uses. As a consequence and given that the site is already subject to extant Enforcement Notices, the terms and requirements of which have still not been met, the additional works, uses and operations undertaken are considered to be contrary to Policies ENV1, ENV3, ENV9 and ENV10 of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011.

(iii) Land adjacent to Woodlands, Peterston-Super-Ely: pole barn, metal box container and track -

Authority was sought to serve an Enforcement Notice in respect of the above. The primary issues for consideration were the visual impact of the development and its justification or otherwise in planning terms. The track and metal box container were highly prominent from the public highway and, therefore, had a significant impact on the rural character of the area. No agricultural justification had been produced for any aspect of the unauthorised development and the pole barn, steel container and access track did not serve an agricultural unit and were not therefore considered necessary for the purposes of agriculture. It was considered, therefore, that they constituted unjustified development in the countryside, contrary to Policies ENV1 - Development in the Countryside, ENV27 - Design of New Developments and EMP8 - Agricultural Enterprise and Associated Development of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011. It was also noted that, in highway terms, access and egress to and from the site could only be achieved safely with increased vision splays which would necessitate the removal of significant lengths of hedgerow and would therefore be unacceptable in its own right.

In the event of an appeal being lodged, it was noted that the written representation procedure should be adopted.

RESOLVED - T H A T the Director of Legal and Regulatory Services be authorised to take all necessary action, including action under Section 172 of the Town and Country Planning Act 1990, to ensure

· the removal from the land of the pole barn, steel container and access track

· the reinstatement of the land with topsoil and its re-seeding with grass.

Reason for recommendation

In order to protect the visual amenities of the countryside and in the interests of highway safety.

646 GENERAL PLANNING MATTERS (DEER) -

(i) Solar Panels and Issues Relating to Permitted Development -

Details were submitted of the permitted development rights relating to solar panels and attention drawn to the production and use of new guidance notes on planning issues relating to renewable energy developments. The report had been prepared largely in response to discussions at the Community Liaison Committee in September 2006 on this Council’s interpretation of permitted development rights, particularly as regards solar panels (Minute No. 340). The appendix to the report outlined the key issues in assessing whether solar panels mounted on roofs of residential dwellings required planning permission. The approach taken was that planning permission would be required to mount solar panels on roofs of properties within Conservation Areas. Feedback from other Councils in Wales indicated that the approach taken by this Council in seeking planning applications for roof mounted solar panels within Conservation Areas was consistent with other authorities. It was noted that such an approach was also in line with advice given in TAN 8. It was pointed out that the fact that permitted development rights would not apply within Conservation Areas did not necessarily mean that planning permission would not be forthcoming; the reason for seeking a planning application was to ensure that the proposals were properly assessed and considered in line with national advice and local policy. Also appended to the report were user-friendly guidance notes to assist individuals in assessing whether or not planning permission was required for the installation of solar panels or wind turbine equipment.

RESOLVED -

(1) T H A T the content of the report be noted and the use of the guidance notes on solar panels and wind turbines endorsed.

(2) T H A T the report be referred to the Community Liaison Committee for information.

Reasons for recommendations

(1) To advise this Committee of the framework within which the Council must work when considering renewable energy developments.

(2) To inform the Community Liaison Committee of the current position.

(ii) Consultation by the Welsh Assembly Government on the Application of the Environmental Impact Assessment Directive to “Stalled” Reviews and Periodic Review of Old Mineral Permissions in Wales -

The Planning and Compensation Act 1991 and the Environment Act 1995 had introduced a system of regular formal reviews of old mineral working permissions whereby, in summary, at active mineral sites an initial review of working conditions was to be followed by periodic reviews at 15 year intervals whilst mineral extraction at dormant sites was not permitted to resume until a review application had been submitted and determined. The Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2000 (the EIA Regulations 2000) amended earlier Regulations to empower mineral planning authorities to require the production of an Environmental Assessment to inform the determination of review applications. Guidance issued by WAG in November 2000 advised that the EIA Regulations 2000 were not retrospective and advised that for review applications submitted prior to those Regulations coming into force mineral planning authorities and mineral operators should voluntarily apply the principles of the Regulations, with operators providing any requested Environmental Assessment within a reasonable timescale. In such cases it was noted that mineral extraction was permitted to continue under the provisions of the old mineral provision permissions until the Environmental Assessment was submitted and a review application finally determined. WAG was aware of 18 review applications in Wales submitted before November 2000 and where the required Environmental Assessment had not yet been submitted - one of those sites being in the Vale of Glamorgan, namely Pant Quarry. The review applications in those cases were effectively “stalled”, with operations continuing under planning conditions that might in some cases be over 60 years old and which might not properly reflect the impact of modern mineral extraction, with the mineral planning authority having no power to impose a deadline for the submission of the Environmental Assessment.

WAG was of the view that it was unreasonable for reviews of conditions to be delayed because environmental information had not yet been provided by the applicant. WAG therefore proposed to make Regulations under Section 2(2) of the European Communities Act 1972 to put beyond doubt the applicability of the EIA Regulations 1999 (as amended). The proposed Regulations would include, in summary, the following:

· in relation to stalled cases, compel an applicant to submit the required environmental

information;

· automatically suspend operations (other than restoration and aftercare requirements)

if the required information were not submitted within six months of the regulations

coming into force;

· require mineral planning authorities to consider the need to make Suspension Orders

where activity had been suspended for more than 12 months;

· require mineral planning authorities to make Prohibition Orders where activity had

been suspended for a period of two years, including provision to allow the authority

to presume that working had ceased permanently where the suspension had been in

force for two years and the environmental information had not been submitted.

As regards Pant Quarry, St. Brides Major, an application for an initial review was submitted by Tarmac Ltd. on 1^st November, 1999. In spite numerous reminders and discussions, the required information had not yet been submitted and the delay in submitting the required information was a matter of great concern. Intensification of operations at the site in recent years meant that the need for an informed review of the working conditions was urgent and, in view of the concerns expressed in 1999 by the Environment Agency regarding the potential effects on a strategic groundwater resource, the need for review was particularly pressing.

The proposals as put forward by WAG were generally welcomed but discussion ensued on the need for provision to be incorporated into those regulations relating to the quality of the information supplied by the applicant.

RESOLVED -

(1) T H A T the report be noted and the WAG’s favoured proposals included within the Consultation Paper in respect of “stalled” reviews be endorsed.

(2) T H A T the report be endorsed and formally issued to the WAG as forming the Council’s response to the Consultation Paper subject to the following addendum being made to the WAG proposals:

“The applicant is required to submit adequate and realistic information at the level of detail required by the Local Planning Authority, and the Local Planning Authority has the right to refuse to accept that information if it is deemed insufficient for its purposes.”

(iii) Consultation by Welsh Assembly Government on Draft Marine Minerals Dredging Regulations and Associated Draft Marine Minerals Technical Advice Note (TAN) 1 -

WAG had requested comments on the proposed Regulations to introduce a formal regulatory framework for the control of marine mineral dredging and Draft Marine Minerals TAN 1: The Control of Marine Minerals Dredging from the Welsh Seabed by 5^th January, 2007. By way of background, Members were reminded that licences for such operations were issued by the Crown Estate (the owners of the seabed). Licences were granted only if a favourable “Government View” (GV) was first obtained under a non-statutory procedure introduced in 1968. Since 1989, all applications for a GV had been subject to non-statutory Environmental Impact Assessment (EIA), and the provisions of the European Habitats Directive had been taken into account since 1993. Although the provisions of both the EIA and Habitats Directive were applied in the formal GV procedure, they had not been transposed into legislation. The draft Regulations, therefore, essentially sought to formalise the existing non-statutory procedures for assessment of dredging licence applications and applied similar requirements in respect of Environmental Assessment and the Habitats Directive as currently applied to land-based development. It was noted, too, that the Regulations would also apply to any proposed changes to existing licences. It was considered that the matter was an important and welcome change to the procedures, formalisation making the dredging licensing regime more transparent whilst ensuring the full environmental implications of any proposal would be taken fully into account.

RESOLVED -

(1) T H A T the contents of the report be noted and the provisions of the proposed Regulations as detailed in the WAG’s Consultation Paper endorsed.

(2) T H A T the report be endorsed and formally issued to the WAG as forming this Council’s response to the Consultation Paper.

Reasons for decisions

(1) The report provides information on the WAG’s proposals for formalising the licensing of marine dredged aggregates.

(2) The report forms the Council’s response to the consultation on the proposed legislation.

(iv) Consultation on the Draft Technical Advice Note (TAN) 5 Annex: The Assessment of Development Plans in Wales under the Provisions of the Habitats Regulations -

Cabinet had, on 13^th December, 2006 endorsed the comments attached to the report at Appendix 1 for submission to the WAG with the Council’s formal response to the consultation on the draft TAN 5 Annex, and had sought the views of this Committee on that stance (Minute No. C2811). In summary, the draft Annex to TAN 5:

· required Local Planning Authorities to consider the potential effects of the

Development Plan prior to its adoption on European sites in Great Britain;

· required Local Planning Authorities to determine which, if any, elements of the

Development Plan were likely to have significant effect on any interest feature on

any international site;

· provided advice on assessing the likelihood of significant effects;

· provided advice on when and how to undertake a Habitat Regulations Assessment

(HRA);

· provided advice on scoping for the Appropriate Assessment (AA) and how to

undertake it as part of the HRA;

· advised that a HRA should be programmed to fit in with existing plan-making

procedures;

· stated that HRA should run parallel with Sustainability Appraisals or Strategic

Environmental Assessments.

Within the Vale of Glamorgan Council’s boundary were two European sites, namely, the Severn Estuary and Dunraven Bay. It was noted that TAN 5 Annex advised that Local Planning Authorities might also have to take into account other European sites outside their administrative boundaries if it was determined that their Local Development Plan was likely to have a significant effect upon them. Attention was drawn to the fact that the process of undertaking a HRA