PLANNING COMMITTEE

 

 

MINUTES of a meeting held on 24th May, 2007.

 

Present: Councillor A.D. Dobbinson (Chairman); Councillor Ms. R.M. Birch (Vice-Chairman); Councillors Mrs. M.E.J. Birch, G.A. Cox, A.M. Ernest, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, F.T. Johnson, G.C. Kemp,

A.G. Powell, Mrs. A.J. Preston, Mrs. M. Randall, W.C. Vaughan, S.T. Wiliam and M.R. Wilson.

 

Also present: Councillor Mrs. C.V.L. Clay.

 

 

45            APOLOGIES FOR ABSENCE -

 

These were received from Councillors R.J. Bertin, M.R. Harvey and A.J. Williams.

 

 

46            WELCOME -

 

The Chairman welcomed Councillor Ernest to the meeting following his appointment to the Planning Committee at the recent Annual Meeting.  The Chairman also welcomed Victoria Abraham, the newly appointed Section 106 Officer.

 

 

47            MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 25th April, 2007 be approved as a correct record.

 

 

48            DECLARATIONS OF INTEREST –

 

The following Members declared interests as shown below:

 

Councillor F.T. Johnson

Planning application 2006/01771/FUL - owner of properties at Pencoedtre Village.

 

Councillor G.C. Kemp

Planning application 2007/00323/RG3 - Governor of Rhws Primary School.

 

Councillors Mrs. M. Randall

Planning application 2007/00323/RG3 - Cabinet Member.

 

Councillor M.R. Wilson

 

Planning application 2006/01822/FUL - Board Member of Newydd Housing Association.

 

Each of the above vacated the room during consideration of the relevant application.

 

Councillor Johnson also reminded the Committee that he attended meetings of the Board of Newydd Housing Association in a non-voting capacity.

 

 

49            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 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.

 

 

50            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

 

2006/01244/FUL

 

A

 

Redrup Motors, Cardiff Road, Barry

 

Change of use from car showroom to a health and fitness gym

 

2006/01671/FUL

 

A

 

43, The Heathers, Barry

 

UPVc conservatory and UPVc  double glazed frosted glass side window

 

2007/00084/FUL

 

A

 

Field fronting Sandy Lane, Welsh St. Donats

 

Stable block and hardstand to stable three horses

 

2007/00111/FUL

 

A

 

Ty Gwyn, Sully Road, Penarth

 

Erection of two storey rear extension

 

2007/00171/FUL

 

A

 

10, Hastings Place, Penarth

 

Single storey side extension

 

2007/00183/FUL

 

R

 

87, High Street, Barry

 

Conversion from 2 flats to 3 flats

 

2007/00190/FUL

 

R

 

Building at the rear of Court Mews, Chilcote Street, Barry

 

Convert existing two storey former workshop/coach house to single residential unit

 

2007/00200/FUL

 

A

 

19, Woodlands Road, Barry

 

UPVC conservatory to the rear elevation

 

2007/00206/FUL

 

A

 

22, Heol Corswigen, Pencoedtre Village, Barry

 

Conversion of integral garage to study & utility room

 

2007/00222/FUL

 

A

 

Land and buildings at former Bird Farm, Port Road, Nurston, Rhoose

 

Retention of 1 no. portacabin and 1 no. railway carriage - temporary consent for 2 no. years

 

2007/00223/FUL

 

A

 

51, Holton Road, Barry

 

Ground floor for coffee shop

 

2007/00233/FUL

 

A

 

Plot to the rear of The Fox and Hounds Public House, Penylan Road, St Brides Major

 

Regularisation of detached house and garage incorporating previously specified conditions in previous approval 05/01696/FUL

 

2007/00237/FUL

 

A

 

1, Dulverton Drive, Sully

 

Two storey extension to the side of domestic dwelling as a garage, WC, store, study and bedroom

 

2007/00246/FUL

 

A

 

9, Cwm Barry Way, Barry

 

Extension to side of dwelling for cloakroom and utility room/porch

 

2007/00252/FUL

 

A

 

11, Despenser Road, Sully

 

Ground floor extension

 

2007/00262/FUL

 

A

 

Llandow Circuit, Llandow

 

Replacement of existing briefing room to be added to control tower under construction

 

2007/00264/FUL

 

A

 

Court Farm, Bonvilston

 

Alteration to existing stable block approval no 2006/01355/FUL

 

2007/00274/FUL

 

A

 

33, Cwm Barry Way, Barry

 

Edwardian conservatory

 

2007/00290/FUL

 

A

 

56, St. Davids Crescent, Penarth

 

Two storey extension at rear of property

 

2007/00296/FUL

 

A

 

Milsom House, Rectory Road, St Athan

 

First floor extension over flat roof building

 

2007/00302/FUL

 

A

 

1, Ty Mawr Close, Ystradowen

 

Double garage with adjoining utility room to side of dwelling and change existing use of garage to living room

 

2007/00303/PNT

 

A

 

Land adjacent to Boverton Road, Boverton, Llantwit Major

 

Telecommunications apparatus on the roadside verge

 

2007/00308/FUL

 

A

 

27, Britway Road, Dinas Powys

 

Garage

 

2007/00341/FUL

 

A

 

Cae Rhys Ddu, Llansannor

 

Alterations to pool hall, pantry and kitchen

 

2007/00359/FUL

 

A

 

Church Farm, Ystradowen

 

Stable block with 3 stables for private use

 

2007/00372/FUL

 

A

 

5, Rookery Close, Sully

 

Extension over existing garage to form bedroom and bathroom above

 

2007/00412/SC1

 

A

 

Former oil terminal at the port's Avonmouth Docks

 

Bristol Deep Sea Container Terminal

 

2006/01412/FUL

 

R

 

Ivy Cottage, Colwinston

 

Proposed conservatory to side

 

2006/01600/FUL

 

A

 

1, Ty Newydd Cottages, St. Brides Super Ely

 

Proposed chimney flue and retention of already constructed dormer window

 

2007/00143/FUL

 

A

 

Building plot adjacent to 4, Cosmeston Cottages, Lavernock Road, Penarth

 

Redesign of house with double garage (amendment to application 2005/01846/FUL)

 

2007/00221/FUL

 

A

 

Westerlea, 9, Burnham Avenue, Sully

 

Ground floor extension to form kitchen/breakfast area, conservatory and first floor loft conversion to form 2 new bedrooms

 

2007/00224/FUL

 

R

 

Pen-Yr-Heol House, Bonvilston

 

Proposed single storey extension to existing stables to form new stable and hay store

 

2007/00238/FUL

 

A

 

4, Fforest View, Barry

 

Single storey rear extension and internal alterations

 

2007/00243/LBC

 

A

 

20, Victoria Road, Penarth

 

Demolish north stores to garage, rebuild external wall to match existing. New sliding doors in new north west wall, new timber door and glazed sliding doors to replace garage doors, remove asbestos flue, new rooflight, restore roofwork, internal timber stud partitions and new timber/glass stair installed

 

2007/00250/FUL

 

A

 

1, Greenbanks Drive, Barry

 

To take down existing garage wall and build ground floor extension

 

2007/00253/FUL

 

R

 

Great House Farm, Llandough, Cowbridge

 

Barn conversion to single residential dwelling

 

2007/00258/FUL

 

A

 

56, Redlands Avenue, Penarth

 

2 storey side extension

 

2007/00259/FUL

 

A

 

8, Clos yr Erw, Penarth

 

Construct new conservatory to rear of dwelling

 

2007/00271/FUL

 

A

 

75, Heol y Frenhines, Southra Park, Dinas Powys

 

Single storey rear extension

 

2007/00277/FUL

 

A

 

Unit 3a, Llandough Trading Estate, Penarth Road, Cardiff

 

Change of use to allow food processing, preparation, distribution and storage

 

2007/00281/FUL

 

R

 

122, Greenacres, Barry

 

Construction of a pre-cast concrete garage detached from house and re-alignment of driveway

 

2007/00283/FUL

 

A

 

66, Celtic Way, Rhoose

 

First floor extension to form bedroom and en-suite. Ground floor extension to form study

 

2007/00286/FUL

 

A

 

55, Dinas Road, Penarth

 

Detached garage

 

2007/00297/FUL

 

A

 

112/113, Glebe Street, Penarth

 

Turn existing sports shop into a dental practice, change of use from A1 to D1

 

2007/00299/FUL

 

R

 

29, Primrose Close, Cowbridge

 

Ground & first floor extension

 

2007/00301/FUL

 

R

 

Part of the garden of 19, Tyle House Close, Llanmaes (adjacent to No. 20)

 

Build a new two storey four bedroom house similar in appearance to existing adjacent dwellings

 

2007/00314/FUL

 

A

 

8, Ashgrove, Dinas Powys

 

Single storey rear extension and new front porch

 

2007/00317/FUL

 

R

 

The Bears Head PH, 37-39, Windsor Road, Penarth

 

Formation of beer garden to rear of property and refuse compound in addition to provide glazed canopy over doors from customer area to rear garden . Garden to accommodate 36 no covers

 

2007/00320/FUL

 

A

 

23, Baron Road, Penarth

 

Attic conversion

 

2007/00325/FUL

 

A

 

9, Glamorgan Close, Llantwit Major

 

Proposed pitch roof to garage and lean to roof to form new entrance hall and alterations

 

2007/00333/FUL

 

A

 

16, Maughan Terrace, Penarth

 

Demolition and rebuilding of rear annexe due to structural failure

 

2007/00338/FUL

 

A

 

5, Raisdale Road, Penarth

 

Alterations to comprise 2 storey extensions to side & rear & demolition of garage

 

2007/00350/FUL

 

A

 

44, The Broad Shoard, Cowbridge

 

Proposed porch to front

 

2007/00388/FUL

 

A

 

12, Middlegate Court, Cowbridge

 

2 single storey extensions and first floor extension

 

2007/00405/FUL

 

A

 

20a, Glebe Street, Penarth

 

Change of use of first floor from D2 use to D1 as a complementary health clinic

 

2007/00419/FUL

 

A

 

5, Trebeferad, Boverton

 

Single storey rear extension

 

2007/00431/FUL

 

A

 

14, Blodyn y Gog, Pencoedtre Village, Barry

 

Two storey & part single storey extension to house

 

2007/00434/FUL

 

A

 

72, Heol Collen, Parc Y Gwenfo

 

First floor extension over existing single storey converted garage to side of existing property

 

2007/00470/LAW

 

A

 

54, Pill Street, Cogan, Penarth

 

Lawful use of property as two flats

 

2006/01257/FUL

 

R

 

21, Picketston Close, St. Athan

 

Change of use from open space to enclosed garden

 

2007/00231/FUL

 

A

 

Figtree Cottage, Rectory Road Lane, Penarth

 

Special needs adaptations - single storey extension for bedroom/shower/wc

 

2007/00242/FUL

 

A

 

20, Victoria Road, Penarth

 

Conversion of garage to recreation room including minor external alterations new paved parking area

 

2007/00267/FUL

 

A

 

56, Wenvoe Terrace, Barry

 

Amendment to balcony design (resubmission of application 2006/00328/FUL)

 

2007/00282/FUL

 

A

 

1, Windsor Close, Llantwit Major

 

Conservatory to rear of property

 

2007/00293/FUL

 

R

 

37, Monmouth Way, Boverton , Llantwit Major

 

Second storey extension to side of property

 

2007/00305/FUL

 

A

 

9, Anglesey Close, Llantwit Major

 

Single storey lounge extension

 

2007/00313/FUL

 

A

 

Ty Aroha, The Herberts, St Mary Church, Cowbridge

 

2 Storey rear extension

 

2007/00315/FUL

 

A

 

440, Gladstone Road, Barry,

 

Two storey side extension to provide a garage and additional bedroom

 

2007/00319/FUL

 

A

 

32, Clos Y Fulfran, Nells Point, Barry

 

Rear conservatory

 

2007/00328/FUL

 

A

 

17, Celtic Way, Rhoose

 

Disabled WC, shower room and porch

 

2007/00331/FUL

 

R

 

3, Herbert Street, Barry

 

Two storey side extension

 

2007/00332/FUL

 

R

 

87, Heol Y Frenhines, Dinas Powys

 

Two storey side extension and single storey sun lounge to rear

 

2007/00334/FUL

 

A

 

OS Field 6475, Green Lane, Cog Moors, Dinas Powys

 

Walk in shelter for horses (not stables), shed for horse food/bedding

 

2007/00337/FUL

 

A

 

7, Ash Grove, Barry

 

Single storey rear extension to provide an office, w.c, utility and bedroom

 

2007/00339/FUL

 

A

 

Telecommunications Hub, Windsor Road, Cogan Hill, Penarth

 

Installation of emergency back up generator to provide electricity to the telecommunications hub in the event of mains power failure

 

2007/00342/FUL

 

A

 

3, Whitehouse Close, Llantwit Major

 

Single storey garage

 

2007/00343/FUL

 

A

 

8, Ffordd y Dderwen, Ystradowen

 

First floor rear extension and rear conservatory

 

2007/00344/FUL

 

A

 

21, St Brides Road, Wick

 

First floor extension

 

2007/00345/FUL

 

A

 

85, Porlock Drive, Sully

 

Single storey rear extension & rebuilding of existing garage

 

2007/00346/FUL

 

A

 

38, Ceri Road, Rhoose

 

Replace existing garage/car port, build  new porch convert existing garage to summer room and construct a utility room with cloakroom

 

2007/00347/FUL

 

A

 

36, Marine Drive, Barry

 

Single storey extension & replacement of flat roof with pitched roof

 

2007/00349/FUL

 

A

 

5, West Acre, Llanmaes, Llantwit Major

 

Extension at back of house, not breaking line of back of house. Small extension to living room and kitchen, 1 storey

 

2007/00354/FUL

 

A

 

139, Glenbrook Drive, Barry

 

Second storey side extension, rear single storey extension and single storey conservatory

 

2007/00357/FUL

 

A

 

1, St. Baruch Close, Dinas Powys

 

Convert garage to storage and living accommodation and replace flat garage roof with pitched roof

 

2007/00362/FUL

 

A

 

10, Herbert Street, Barry

 

Conservatory to rear of property

 

2007/00364/FUL

 

A

 

3, Cog Road, Sully

 

Domestic extension - basement, ground and first floor

 

2007/00370/FUL

 

A

 

57, Port Road East, Barry

 

Edwardian type conservatory

 

2007/00376/FUL

 

A

 

74, Stanwell Road, Penarth

 

Extend the rear of the kitchen to create a utility room and a ground floor w.c.

 

2007/00379/FUL

 

A

 

The Old School House, St. Mary Hill

 

First floor extension over existing garage area

 

2007/00380/FUL

 

A

 

23, Trebeferad, Boverton

 

Single storey kitchen extension

 

2007/00383/FUL

 

A

 

6, Ham Lane South, Llantwit Major

 

Proposed porch to front

 

2007/00384/FUL

 

A

 

Paviland, Swanbridge Road, Sully

 

Proposed conservatory to rear

 

2007/00411/FUL

 

A

 

24, Fontygary Road, Rhoose

 

2 Storey Extension to rear

 

2007/00417/FUL

 

A

 

9, Dros y Mor, Marine Parade, Penarth

 

Alterations to internal layout of ground and first floors enlargement of windows, window replacement, new roof finish to rear sun room, glazed bay extension to front, and new rear balconies

 

2007/00418/FUL

 

A

 

9, Mayflower Way, Rhoose

 

Installation of upvc conservatory to rear

 

2007/00424/FUL

 

A

 

10, Main Road, Ogmore By Sea, Bridgend

 

Demolition & reconstruction of an attached garage

 

2007/00444/FUL

 

A

 

1, Mayflower Way, Rhoose

 

Extension to existing porch

 

2007/00447/FUL

 

A

 

3, Cherry Close, The Paddocks, Penarth

 

Rear two storey extension

 

2007/00450/FUL

 

A

 

6, York Place, Barry

 

Single storey extension

 

2007/00457/FUL

 

A

 

Seagulls, 56, Craig Yr Eos Road, Ogmore By Sea

 

Modifications to originally approved scheme

 

2007/00465/FUL

 

A

 

2, LLys Dewi, Llantwit Major

 

Rear dormer loft conversion

 

2006/01628/FUL

 

A

 

10, The Grange, Baroness Place, Penarth

 

Conservatory extension to existing detached garage to house a swimming pool

 

2006/01787/FUL

 

A

 

Leckwith Hill Barns, Woodland Lane, Leckwith

 

Single storey and two storey extensions

 

2006/01794/FUL

 

A

 

1, Penylan Houses, Llancarfan

 

Retention of boundary wall adjacent to highway

 

2007/00162/FUL

 

A

 

10, St. Andrews Road, Wenvoe

 

Rebuilding existing extension, extending by 1.7 metres replacing plastic roof with slate roof

 

2007/00240/FUL

 

A

 

70, Holton Road, Barry

 

Change of use of ground floor and basement of premises to coffee shop/sandwich bar with interior seating and storage

 

2007/00287/FUL

 

A

 

22, Westfield Drive, Penarth

 

Two storey side extension

 

2007/00292/LAW

 

A

 

18, Thistle Close, Barry

 

Retention of a conservatory

 

2007/00304/LBC

 

A

 

Bonvilston Cottage, Bonvilston

 

Alterations to main entrance area, main stair enclosure and veranda

 

2007/00316/FUL

 

A

 

12, Badgers Brook Drive, Ystradowen

 

Double garage

 

2007/00318/FUL

 

A

 

18, The Verlands, Cowbridge

 

Proposed conservatory to the rear

 

2007/00335/FUL

 

A

 

21, Chantry Rise, Penarth,

 

Side dormer to loft conversion

 

2007/00389/FUL

 

A

 

11, Meadowcroft, Rhoose

 

Single storey rear extension

 

2007/00390/FUL

 

A

 

Chestnut House, 1, Mawsons Mead, St. Nicholas

 

Single storey utility extension

 

2007/00403/FUL

 

A

 

46, Dyfan Road, Barry

 

Edwardian conservatory to rear

 

2007/00413/FUL

 

A

 

2, Sundew Close, Penarth

 

Installation of upvc conservatory to rear elevation

 

2007/00443/FUL

 

A

 

34, Heol y Dryw, Rhoose

 

Conservatory to rear of property

 

2007/00479/FUL

 

A

 

44, Brean Close, Sully

 

Single storey side extension

 

2007/00485/FUL

 

A

 

30, Ael-y-Coed, Barry

 

Single storey rear conservatory

 

2007/00489/FUL

 

A

 

101, Lakin Drive, Barry

 

Single storey rear extension to incorporate a living area and utility space

 

         

 

 

51            PLANNING AND ENFORCEMENT APPEALS – ANNUAL REPORT FOR FINANCIAL YEAR 2006/07 (DEER) –

 

Between 1st April, 2006 and 31st March, 2007 the Department had received a total of 82 appeals of which 75 related to the planning appeals made primarily under Section 78 of the Town and Country Planning Act 1990.  6 had been appeals against the service of Enforcement Notices (Section 174) and 1 had related to a High Hedge Notice.  It was noted that the number of appeals had reduced from the previous year’s record high, mainly due to a significant drop in enforcement appeals although the number of planning appeals had remained high.

 

The WAG Core Indicator for Appeals (PLA03) required the following figures to be produced:

 

·                    the number of appeals determined during the year; and

·                    the percentage of those determined appeals that upheld the Authority’s decision in relation to:

i)                    Planning Application decisions

ii)                  Enforcement notices.

 

In respect of the first figure, during the last financial year, 87 appeals were determined, with 64 relating to Planning Application decisions and 23 to Enforcement Appeals.  In addition, there were a total of 10 appeals in which the appeal was not determined by the Inspector, either as a result of the withdrawal of the appeal by the appellant, the withdrawal of an Enforcement Notice by the Council, or as a result of the appeal being declared invalid. 

 

Having regard to the above, the percentage of determined appeals which upheld the Council’s decision were:

 

i)                   78.1% in respect of Planning Application decisions, and

ii)                 56.5% in respect of Enforcement Appeals.

 

In comparison with the last two years, the results for Planning Appeals had fallen marginally but it was noted the figure at 78% remained in excess of the national average over the last few years (and being attained at a time when the number of appeal decisions and appeals received had been at its highest).  It was also noted that whilst the enforcement figure was notably lower than last year, the statistics had been skewed by the decisions in respect of the gardens extensions in Llanmaes (6 separate Notices) which had been allowed at appeal.  Those decisions were, however, the subject of an outstanding challenge in the Courts. 

 

Planning Inspectorate statistics for Planning Appeal decisions in Wales for the last five financial years showed that the performance of this Council continued to compare very favourably to the recent trend in Wales over the last five years.   A list of all appeal decisions received, divided by appeal method, was appended to the report.  As regard costs, the Council had made just one application for an award of costs against appellants but that application had been dismissed.  No applications for costs had been made against the Council.

 

Having regard to the report, which illustrated amongst other things the proactive approach of the Council to enforcement, it was

 

RESOLVED - T H A T the information as contained in the Annual Report be endorsed.

 

 

52            TREES (DEER) –

 

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

 

Decision Codes

 

A    -    Approved

E         Split Decision

R    -    Refused

 

 

2007/00322/TCA

 

A

 

54, Clive Place, Penarth

 

Removal of Bay tree

 

2007/00377/TCA

 

A

 

Rear garden of 25, Clive Place, Penarth

 

Fell Eucalyptus tree

 

2007/00385/TCA

 

A

 

Woodlands, Westgate, Cowbridge

 

Prune Oak tree 30%, Fell Silver Birch, Fell 2 Fir type trees

 

 

2007/00425/TCA

 

A

 

3b, Stonewalls, Broadway, Cowbridge

 

Fell Ash tree

 

2007/00395/TCA

 

A

 

Pennymead, Llancarfan

 

Remove mature Cherry

 

2007/00409/TCA

 

A

 

Cedar Park, Cowbridge Road, St Nicholas

 

Fell row of Leylandii on western boundary; fell conifer in centre of rear boundary and fell Western Red Cedar overhanging outbuilding in rear garden.

 

2007/00461/TCA

 

A

 

Old School House, Cardiff Road, Cowbridge

 

Pollard Willow

 

2007/00519/TCA

 

A

 

The Mill, St. Quintins Hill, Llanblethian, Cowbridge

 

Fell 5 * Leylandii Conifers

 

2007/00396/TCA

 

A

 

1, Cwrt-y-Vil Road, Penarth

 

Re-pollard 5 Bays & prune Yew

 

 

2007/00369/TPO

 

A

 

Llwynhir, Colhugh Street, Llantwit Major

 

Cut 1 No. Pinus Nigra (Black Pine) to ground level

 

2007/00371/TPO

 

A

 

Cliff Lea, 3, Cliff Parade, Penarth

 

Remove large Bay stem and reduce remainder by 50%

 

2007/00462/TCA

 

A

 

Hafenwen, Westgate, Cowbridge

 

To clear fell one Ash tree

 

 

                   

 

 

53            ENFORCEMENT ACTION – 48 ADENSFIELD WAY, RHOOSE: UNAUTHORISED BALCONY -

 

Following a complaint in 2006 relating to the above, the landlord of the property had been alerted to the breach of planning control identified, but no application to regularise the position had been received.  Both the orientation of the balcony and its height afforded clear, elevated and unobstructed views over surrounding property.  As such, the balcony was considered contrary to the aims of Policy ENV27 of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and was therefore unacceptable. 

 

RESOLVED – T H A T the Director of Legal, Public Protection and Housing 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 of the balcony structure, and

·                    the replacement of the balcony access door with an obscurely glazed, non-opening window.

 

Reason for recommendation

 

In the opinion of the Local Planning Authority, the balcony structure by virtue of its height, orientation and close proximity to adjoining residential property, has resulted in the serious and unacceptable loss of privacy and residential amenity and is therefore considered contrary to the terms and aims of Policy ENV27 of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011.

 

 

54            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 stated be considered.

 

 

55            ENFORCEMENT ACTION - LAND NORTH-EAST OF CARDIFF-WALES AIRPORT AND ADJACENT TO INTERNATIONAL HOTEL: USE OF LAND FOR AIRPORT PARKING (DEER) -

 

Urgent by reason of the need for an urgent decision

 

The land in question, once an open field to the south-east of the Days Inn Hotel, had been enclosed with temporary type fencing and was currently being used as a car park.  The site was accessed off Port Road - the main route from Barry to Cardiff International Airport.  The site was being used by Airparks Services Ltd. as an “overspill” car park.

 

It was noted that the current use of the site benefited from temporary permitted development rights granted under Class B, Part 4, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995.  Those permitted development rights were, however, only granted for a 28 day period in any calendar year and, in the case of the site in question, the period would expire on 14th June, 2007.

 

The site had been designated an employment site under Policy EMP1 of the Vale of Glamorgan Adopted Unitary Development Plan 1996 - 2011.  However, the use of the car park did not fall within the Use Classes identified in EMP1.  The current use of the land also conflicted with Policy ENV1.  Attention was also drawn during subsequent discussion to the need for full comments from the Highways Division in respect of access from the site onto Port Road in terms of highway safety.

 

Having regard to the above, it was

 

RESOLVED - T H A T the Director of Legal, Public Protection and Housing Services be authorised to serve an Enforcement Notice and Stop Notice under Section 172 and 183 respectively of the Town and Country Planning Act 1990 (as amended) to require the cessation of the use of the land to the south-east of the Days Inn Hotel, Port Road, Rhoose as a car park, and the removal from the land of the temporary fencing together with any associated paraphernalia, and to take such necessary legal proceedings as might be required in the event of non compliance with the Notice.

 

Reason for decision

 

To prevent an unacceptable development in the open countryside contrary to Polices ENV1, EMP1 and ENV27 of the Adopted Unitary Development Plan.

 

 

56            TECHNICAL ADVICE NOTE (TAN18) TRANSPORT; THE MANUAL FOR STREETS; CONSULTATION: PLANNING FOR INCLUSIVE DESIGN (ACCESS STATEMENTS) (DEER) –

 

Details were contained within the report relating to:

 

·                    the WAG’s recent publication of the final version of TAN18 on Transport;

·                    a joint England and Wales best practice document entitled The Manual for Streets;

·                    the WAG consultation document entitled Planning for Inclusive Design, together with a suggested appropriate response to the consultation.

 

TAN18 reflected WAG’s aim of broadening the range and choice of transport available and securing accessibility in a manner that supported sustainable development by encouraging an integrated transport system that was safe, efficient, clean and fair.  The TAN contained advice on:

 

·                    integration between different types of transport;

·                    integration of transport policy with policies for the environment, education, social justice, health, economic development and wealth creation;

·                    integration between Land Use Planning and Transport, promoting, for example, resource and travel efficient settlement patterns; ensuring the promotion of new development to minimise the need to travel or where there was good access to a range of public transport;

·                    location of development, referring, for example, to the need to focus on accessibility to services and facilities rather than mobility with developers being able to demonstrate good accessibility in respect of new development in terms of access to services and accessibility by a range of transport modes both within and beyond the development;

·                    parking, a co-ordinated approach to parking provision at both regional and local levels being advocated with Regional Parking Frameworks being developed as part of the Regional Transport Plan;

·                    design of development with access statements being required to accompany all planning applications (except householder and change of use proposals) and, in designing and planning new development, clarification between roads (highways) and streets (where the “place function” would take precedence over the “movement function”);

·                    walking and cycling;

·                    public transport;

·                    planning for transport infrastructure.

 

The Manual for Streets focused on lightly-trafficked residential streets and set out to explain how street design could create better places with local distinctiveness and identity.  It dealt in detail with the context of streets, the design process, design principles and design in relation to street uses, geometry, parking, traffic signs and markings, furniture and lighting and future adoption and maintenance issues.  The main changes in approach were summarised as:

 

·                    a fundamental culture change in the way streets were designed and adopted, including a more collaborative approach between the design professionals and other stakeholders;

·                    the need for stakeholders to think creatively about their various roles in the process of delivery streets, breaking away from standardised, prescriptive, risk-averse methods to create high-quality places;

·                    a return to more traditional patterns which were easier to assimilate into existing built-up areas and which had been proven to stand the test of time in many ways;

·                    streets should not be designed just to accommodate the movement of motor vehicles; designers should place a high priority on meeting the needs of pedestrians, cyclists and public transport users so that growth in those modes of travel was encouraged;

·                    the document aimed to assist in the creation of streets that helped to build and strengthen the communities they served; met the needs of all users, by embodying the principles of inclusive design; formed part of a well-connected network; were attractive with their own distinctive identity; were cost-effective to maintain; and were safe;

·                    the document discouraged the building of streets that were primarily designed to meet the needs of motor traffic; bland and unattractive; unsafe and unwelcoming to pedestrians and cyclists; difficult to serve by public transport; and were poorly designed and constructed.

 

It was noted that the remainder of the document considered more detailed issues in relation to context and design and consideration was given to the recommendation that this Committee receive a presentation on the Manual for Streets in due course. 

 

The WAG Consultation Paper in respect of Planning and Inclusive Design (Access Statements) sought views on the proposed guidance on inclusive design (to be considered for inclusion in PPW and / or the revision of TAN12 - Design and the role of access statements (to be included into revised TAN12 – Design as an annex).

 

In general the following points were noted:

 

·                    inclusive design was defined and the proposed guidance referred to the fact that LDPs were to be used as a tool for identifying local design and access statement requirements;

·                    access statements would be required and would be used to demonstrate how the principles of inclusive design and access had been considered at the outset of a development proposal;

·                    the broad content of statements should include reference to site specific issues relating to access as well as how the principles of inclusive design had been considered (in the case of historic buildings, the statement should also be focussed on the specific characteristic of the building and how that impacted on the access issues);

·                    the document clarified that access statements needed only to relate to “access to the development”;

·                    the access statement would also need to demonstrate how all users would have equal movement and access, both into the site from the boundaries and within the site (including the design of parking layouts);

·                    the guidance suggested that access statements should omit coverage of the sustainability merits of transport access into the site.

 

Consideration then focussed on the suggested response to the Consultation Paper as appended to the report.  

 

RESOLVED –

 

(1)       T H A T the publication of Technical Advice Note (TAN) 18 Transport by the Welsh Assembly Government and the Manual for Streets be noted.

 

(2)       T H A T the Planning Committee receive a presentation on the content of the Manual for Streets in due course.

 

(3)       T H A T Appendix 2 of the report be used as a basis for responding to the WAG Consultation on Planning for Inclusive Design.

 

(4)       T H A T the report be referred to Cabinet for information.

 

Reasons for recommendations

 

(1)       To advise Members of the availability of TAN18 Transport issued by the WAG and the Manual for Streets document.

 

(2)       To inform Members on the content of the Manual for Streets and how it relates to the decision making process.

 

(3)       To enable the Council to respond to the consultation exercise in advance of 29th May, 2007.

 

(4)       To keep Cabinet apprised of the publication of the WAG guidance and Consultation Paper.

 

 

57            PLANNING OBLIGATIONS SERVICE STANDARDS (DEER) –

 

The Planning Obligations Service Standards, as appended to the report, had been drawn up following the introduction of the new fee system from 1st January, 2007 and also outlined planned improvements for dealing with the negotiation and implementation of planning obligations in the Vale of Glamorgan.  The Service Standards had been devised to demonstrate the Council’s commitment to delivering a quality service to developers and interested persons in respect of all matters relating to planning obligations.  It was noted that the Council had recently appointed a Principal Planning Officer to act as the primary point of contact for all matters relating to planning obligations.  The post-holder would also seek to improve the Council’s performance in respect of negotiating and implementing planning obligations.  Details were then submitted of various steps to be implemented in the coming months, including:

 

·                    establish a database listing all new and existing planning agreements and obligations to enable more effective monitoring and information sharing;

·                    investigate and resolve any outstanding obligations or breaches of existing legal agreements;

·                    partnership working with relevant service areas to, for example, draw up policies to assess the requirement for planning obligations in new developments;

·                    assess individual development schemes for potential impacts and the need for planning obligations;

·                    negotiate with developers to ensure planning obligations were successfully sought in accordance with local and national policies and guidance;

·                    monitor and implement planning agreements and the obligations contained therein;

·                    annual reports to be presented to the Planning Committee detailing progress on planning agreements and their implementation.

 

RESOLVED –

 

(1)       T H A T the contents of the Planning Obligations Service Standards, as appended to the report, be noted and endorsed.

 

(2)       T H A T annual reports be compiled on closure of each financial year detailing the Council’s position on planning agreements in terms of receipts and spend, including year on year trend data and area comparison data.

 

Reasons for recommendations

 

(1)       To inform Members of the Planning Obligations Service Standards.

 

(2)       To keep the Planning Committee regularly updated on the Council’s position in respect of negotiating and implementing planning agreements and the planning obligations therein.

 

 

58            PROPOSAL CONCERNING OBJECTIONS TO A TREE PRESERVATION ORDER: CHURCHFIELDS, NO. 46 VILLAGE FARM, BONVILSTON (DEER) –

 

An application from Treescene, arboriculturist consultants and contractors, had been received in January 2007 which sought permission to fell one Western Red Cedar at the above address with the reason given of “dieback in the crown”.    

 

No detailed aboriculturist’s report had been provided in support of the application and, following a site visit, a Tree Preservation Order was subsequently served.  A letter of objection was then submitted by Treescene Limited, the details of which were contained within the report.  Whilst it was considered that the tree contributed to the visual amenity as part of the grouping of evergreen species in the grounds of St. Mary’s Church, research had revealed that an earlier report on the condition of the tree’s health and life expectancy had found rot at the base of its stem and root damage.

 

Having regard to the above, it was

 

RESOLVED – T H A T the Tree Preservation Order be not confirmed.

 

Reason for recommendation

 

The tree is not worthy of preservation.

 

 

59            CONFIRMATION OF A TREE PRESERVATION ORDER: SEMI DETACHED DWELLING AT WESTERN END OF SOUTH ROAD, SULLY (DEER) –

 

A provisional Tree Preservation Order had been served in February 2007 on a mature Blue Atlas Cedar at the above property.  A letter of objection had subsequently been received in which concerns were expressed as to the size of the tree and the potential impact on boundaries and underground sewers of its roots.  The owner of the tree had been made aware that the tree could be physically reduced in size and it was understood that the appropriate application would be submitted shortly. 

 

Having regard to the above, it was

 

RESOLVED – T H A T the Tree Preservation Order be confirmed.

 

Reason for recommendation

 

To ensure that the tree continues to be protected under the legislation.

 

 

60            TYNEWYDD ROAD (PART) BARRY: PROPOSED EXPERIMENTAL ONE-WAY SYSTEM AND LIMITED WAITING RESTRICTIONS WITH EXEMPTION FOR RESIDENT PERMIT HOLDERS ORDER: OBJECTIONS RECEIVED (DEER) –

 

Approval was sought to make permanent the present Experimental Traffic Regulation Order, the effect of which would be to make Tynewydd Road a one-way system from its junction with Wyndham Street southwards to its junction with Holton Road and to introduce new Limited Waiting parking bays in Tynewydd Road, with an exemption for holders of a “Residents Parking Permit”.  Public notice was given of the proposals in September 2006 and two objections were received by the due date, a further objection being received from the Holton Road Traders Association following the end of the consultation period.  After considering the above objections, together with the consequent action taken in response and the views of officers as contained in the report, it was

 

RESOLVED –

 

(1)       T H A T the objections be dismissed.

 

(2)       T H A T the objectors be advised of the decision of this Committee.

 

(3)       T H A T the permanent Traffic Regulation Order be made.

 

Reasons for recommendations

 

(1)       The objections are not upheld.

 

(2)       To comply with procedural requirements.

 

(3)       To allow the necessary traffic control measures which are presently installed under the auspices of an experimental traffic regulation order to be made permanent.

 

 

61            PLANNING APPLICATIONS (DEER) –

 

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

 

RESOLVED – T H A T  pursuant to the powers delegated to the Committee, the following applications be decided as indicated and any other necessary action taken:

 

2005/00408/FUL            Received on 11 March 2005

P. 112

Mayfield Developments (Wales) Limited, C/o Agent.

Jenkins Gould Partnership, Union Offices, Quarella Road, Bridgend, CF32 0LB 

 

River Walk, Cowbridge

 

Erection of four detached dwellings.

 

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 amended plans Drawing No. 05: 08/02 received 26 July 2005 and Drawing Nos. 05: 08/01C, 03A, 04A and 05C, received on 13 September 2005 and the Flood Consequences Assessment dated 14 December 2006.

           

            Reason:

           

            For the avoidance of doubt as to the approved details.

 

3.         The proposed garages for Plots 1 and 3 shall be completed in accordance with the garage details approved for Plots 2 and 4 as indicated on amended plans, Drawing No. 05: 08/04A received on 13 September 2005.

           

 

            Reason:

           

            For the avoidance of doubt as to the approved details.

 

4.         Before the commencement of development, a full schedule of the external finishes of the proposed dwellings and garages, including details of window and door openings, shall be submitted to and agreed in writing with the Local Planning Authority.  The development shall be implemented thereafter in accordance with the agreed details.

 

            Reason:

           

            In the interests of visual amenity and the character of the Conservation Area in accordance with Policies ENV27 - Design of New Development and ENV20 - Development in Conservation Areas of the Unitary Development Plan.

 

5.         Before the commencement of development a scheme for the provison and management of a buffer zone alongside the River Thaw which shall include measures for the enhancement of the river corridor, shall be submitted to and agreed in writing with the Local Planning Authority.  Within the 7m wide buffer zone, no development or formal landscaping, including hardstanding, footpaths, fences or overhanging structures will be permitted unless otherwise agreed in writing with the Local Planning Authority.

           

            Reason:

           

            In the interests of wildlife protection and biodiversity in accordance with Policies ENV11 - Protection of Landscape Features and ENV16 - Protected Species of the Unitary Development Plan.

 

6.            Measures shall be undertaken to ensure that the adjacent watercourse, River Thaw, is safeguarded from pollution during the course of construction work on the site.  These shall include the following:

           

(i)            Cut off ditches provided above the working area to intercept and direct clean surface water away from the site;

           

(ii)            Cut off ditches provided below the working area to intercept contaminated surface water and direct it to suitable lagoons for treatment prior to discharge to a watercourse;

           

(iii)            Provisions to ensure no polluting discharge from haul roads and disturbed areas enter any watercourse;

           

(iv)            Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls.  The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%.  If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the filling  combined capacity of inter connected tanks, plus 10%.  All points, vents, gauges and sight glasses will be located within the bund.  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.  Associated pipework should be located above ground and protected from accidental damage.  All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the land.

           

            Reason:

           

            To prevent pollution of the adjacent watercourse in accordance with Policies ENV7 - Water Resources and ENV11 - Protection of Landscape Features of the Unitary Development Plan.

 

7.         Full details of a scheme for the foul drainage of the site, which shall provide for the upgrade and improvement of the private drainage if the development is to communicate via that system rather than directly to the public sewerage system, shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be fully implemented in accordance with the agreed details before the first beneficial occupation of any one of the dwellings hereby permitted.

           

            Reason:

           

            To ensure satisfactory drainage of the site in accordance with Policy ENV27 - Design of New Developments of the Unitary Development Plan.

 

8.         No part of the development hereby approved shall be brought into beneficial use until such time as the parking areas, including all associated access and turning areas, have been laid out in full accordance with the details shown on the proposed site layout Drawing No. 05: 08/01C amended plan received 13 September 2005 and the parking, access and turning areas shall thereafter be so retained at all times to serve the development hereby approved.

           

            Reason:

           

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

 

9.         The garages hereby approved shall not be physically altered or converted to any other domestic purpose without first obtaining the formal consent of the Local Planning Authority.  The garage(s) shall be available at all times for the parking of private motor vehicles associated with the respective dwelling.

           

 

            Reason:

           

            In the interests of highway safety in accordance with Policies ENV27 - Design of New Developments and TRAN10 - Parking of the Unitary Development Plan.

 

10.            Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any Order revoking and re-enacting that Order) 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.

 

11.            Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) no building, structure or enclosure required for a purpose incidental to the enjoyment of a dwelling-house shall be constructed, erected, or placed within the curtilage of the dwellings hereby approved without the prior written consent of the Local Planning Authority.

           

            Reason:

           

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

 

12.      A landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development 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.

 

13.      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.

 

14.      All means of enclosure associated with the development hereby approved which shall include details of the gabion wall, along with any works for the repair and retention of the existing stone wall on the north-eastern boundary, shall be in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority before the commencement of development and the means of enclosure shall be implemented in accordance with the approved details before the first beneficial occupation of the dwellings hereby approved.

           

            Reason:

           

            In the interests of visual amenity and the character of the Cowbridge with Llanblethian Conservation Area in accordance with Policies ENV20 - Development in Conservation Areas and ENV27 - Design of New Developments of the Unitary Development Plan.

 

15.      The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground works in the development area so that an archaeological watching can be conducted.  The archaeological watching brief shall be undertaken to the standards laid down by the Institute of Field Archaeologists.  The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of development on site of the name and address of the said archaeologist.

           

            Reason:

           

            In order that archaeological operations are undertaken to an acceptable standard and that legitimate archaeological interest in the site is satisfied and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

 

2005/00409/FUL            Received on 11 March 2005

P. 124

Mayfield Developments (Wales) Limited, C/o Agent

Jenkins Gould Partnership, Union Offices, Quarella Road, Bridgend, CF32 0LB

 

River Walk, Cowbridge

 

Erection of two detached dwellings.

 

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 amended plans, Drg. No. 05:09/01D received on 12 October 2005, and Drawing Nos. 05:09/2C and 05:09/G1 received 6 September 2005.

           

            Reason:

           

            For the avoidance of doubt as to the approved details.

 

3.         Before the commencement of development a full schedule of the external finishes of the proposed dwellings and garages, including details of window and door openings, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be implemented thereafter in accordance with the agreed details.

 

            Reason:

           

            In the interests of visual amenity and the character of the Conservation Area in accord with Policies ENV27 - Design of New Development and ENV20 - Development in Conservation Areas of the Unitary Development Plan.

 

4.         Before the commencement of development a scheme for the enhancement of the river corridor, which shall include measures for the mitigation of any likely impact on wildlife, shall be submitted to and agreed in writing with the Local Planning Authority.

           

            Reason:

           

            In the interests of biodiversity and wildlife protection in accord with Policies ENV11 - Protection of Landscape Features and ENV16 - Protected Species of the Unitary Development Plan.

 

5.            Measures shall be undertaken to ensure that the adjacent watercourse, River Thaw, is safeguarded from pollution during the course of construction work on the site. These shall include the following:

           

(i)            Cut off ditches provided above the working area to intercept and direct clean surface water away form the site.

           

(ii)            Cut off ditches provided below the working area to intercept contaminated surface water and direct it to suitable lagoons for treatment prior to discharge to a watercourse.

           

(iii)            Provisions to ensure no polluting discharge from haul roads and distrurbed areas enter any water course.

           

(iv)            Any facilities for t