PLANNING COMMITTEE
Minutes of a meeting held on 11th January, 2018.
Present: Councillor B.T. Gray (Chairman); Councillor V.P. Driscoll (Vice-Chairman); Councillors J.C. Bird, L. Burnett, Mrs. C.A. Cave, Mrs. P. Drake, N.P. Hodges, Dr. I.J. Johnson, P.G. King, M. Lloyd, Mrs. R. Nugent-Finn, A.C. Parker, R.A. Penrose, L.O. Rowlands, N.C. Thomas and E. Williams.
584 ANNOUNCEMENT –
Prior to the commencement of the business of the Committee, the Chairman read the following statement:
“May I remind everyone present that the meeting will be broadcast live via the internet and a record archived for future viewing”.
585 APOLOGY FOR ABSENCE –
This was received from Councillor Mrs. M.R. Wilkinson.
586 MINUTES –
RESOLVED – T H A T the minutes of the meeting held on 7th December, 2017 be approved as a correct record, subject to an amendment being made to those present, to reflect that Councillor L. Burnett was present.
587 DECLARATIONS OF INTEREST –
Councillor A.C. Parker declared an interest in Agenda Item No. 6 – Appeals: Kia Ora, Barry. The nature of his interest was that he was the architect for the development. Councillor Parker withdrew from the Committee prior to this report being considered and for the remainder of the Committee Meeting.
Councillor A.C. Parker also declared an interest in respect of Agenda Item No. 9 – Planning Applications: 2016/01501/FUL – Llanerch Vineyard, Hensol. The nature of the interest was that Councillor Parker had acted as architect for the applicant. Councillor Parker had already withdrawn from the Committee prior to the report being considered.
588 BUILDING REGULATION APPLICATIONS AND OTHER BUILDING CONTROL MATTERS DETERMINED BY THE HEAD OF REGENERATION AND PLANNING UNDER DELEGATED POWERS (HRP) –
RESOLVED –
(1) T H A T the passed building regulation applications as listed in the report at Section (a) be noted.
(2) T H A T the rejected building applications as listed in the report at Section (b) be noted.
(3) T H A T the serving of Notices under Building (Approved Inspectors Etc.) Regulations 2000, as listed in the report at Section (c) be noted.
(4) T H A T the serving of Notices under the Section 32 Building Act, 1984, as listed in Section (d) of the report be noted.
589 PLANNING APPLICATIONS DETERMINED BY THE HEAD OF REGENERATION AND PLANNING UNDER DELEGATED POWERS (HRP) –
RESOLVED – T H A T the report on the following applications as determined under the above delegated powers be noted:
Decision Codes
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A - Approved
C - Unclear if permitted (PN)
EB EIA (Scoping) Further information required
EN EIA (Screening) Not Required
F - Prior approval required (PN)
H - Allowed : Agricultural Condition Imposed : Appeals
J - Determined by NAfW
L - Approved AND refused (LAW)
P - Permittal (OBS - no objections)
R - Refused
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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)
NMA – Non Material Amendments
Q - Referred to Secretary of State for Wales (HAZ)
S - Special observations (OBS)
U - Undetermined
RE - Refused (Enforcement Unit Attention)
V - Variation of condition(s) approved
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2011/00438/1/NMA
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A
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Dock Offices, Subway Road, Barry
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Non Material Amendment -
Construction of new car park and access ramp on land to rear of Docks Offices and works to upgrade existing Council car park and lighting in order to provide mixed use Council car park and park and ride scheme. Permission ref. 2011/00438/RG3: Construction of new car park and access ramp on land to rear of Docks Offices and works to upgrade existing Council car park and lighting in order to provide mixed use Council car park and park and ride scheme.
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2012/01224/1/NMA
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A
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Garn Farm, St. Hilary
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Non Material Amendment - Construction of a solar park to include the installation of solar panels to generate up to 7.5MW of electricity with transformer housings. Security fencing and cameras, landscaping and other associated works at Land at the Garn, St. Hilary. Planning permission ref. 2012/01224/FUL: Construction of a solar park to include the installation of solar panels to generate up to 7.5MW of electricity with transformer housings. Security fencing and cameras, landscaping and other associated works.
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2013/00036/1/NMA
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A
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10, Park Road, Penarth
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Non Material Amendment - Removal of Conditions 3, 4 and 5 - Code for Sustainable Homes for New three storey dwelling built over existing pool with access formed off Park Road.
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2015/00044/1/CD
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A
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Land adjacent to The Retreat, St. Nicholas
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Discharge of conditions 7 and 18 - Proposed new low energy dwelling. (Renewal of Planning Permission ref:- 2009/01205/FUL).
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2015/00647/3/NMA
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A
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2, Stanwell Road, Penarth
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Non material amendment - Reposition of window to front elevation and retention of gable as tiled for extension and alteration of existing property to form seven self-contained residential apartments and one town house.
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2015/00745/FUL
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A
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Llanerch Vineyard, Hensol
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Retention as built - Calon Lodge formerly Secret Garden Room, approved ref. 2014/01137/FUL.
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2015/01262/1/CD
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A
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37, Westbourne Road, Penarth
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Discharge of condition 2 - Replace 2 windows currently aluminium framed double glazed with UPVC sash sliding double glazed.
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2016/00221/1/NMA
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A
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36, Glyndwr Avenue, St. Athan
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Non Material Amendment - Variation of Condition 5 to allow for retention of window with a restricted opening mechanism and the glazing obscured. Planning permission ref. 2016/00221/FUL: Two storey rear extension.
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2016/00809/5/CD
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A
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Land to the rear of Westgate (East of Eagle Lane), Cowbridge
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Discharge of conditions 22 - Obscure glazing and 23 - relocation of guest room-Redevelopment to form 37 apartments for the elderly including communal facilities access, car parking and landscaping.
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2016/01268/1/CD
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A
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Land to the rear of Tudor Lodge, A48 Bonvilston
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Discharge of condition 2 - Retention of building as erected.
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2016/01290/3/CD
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A
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Arno Quay, Barry Waterfront, Barry
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Discharge of condition 12 - Development of the site known as Arno Quay for residential development and associated infrastructure works, parking, and landscape at Arno Quay, Barry Waterfront, Barry.
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2016/01290/4/CD
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A
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Arno Quay, Barry Waterfront, Barry
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Discharge of condition 6 - Development of the site known as Arno Quay for residential development and associated infrastructure works, parking, and landscape at Arno Quay, Barry Waterfront, Barry.
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2016/01425/1/CD
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A
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Gileston Manor, Gileston Road, Gileston
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Discharge of conditions 5 and 6 - Change of use of coach house and cheese house into 4 no. additional holiday accommodation units, demolition of single story lean-to attached to coach house and replacement with single story conservatory, and internal and external alterations and associated works to Coach House and Cheese House at Gileston Manor, Gileston Road, Gileston.
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2017/00053/1/CD
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A
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70, Celtic Way, Rhoose
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Discharge of Condition 4. balcony screen. Extension above garage, garage conversion and rear roof terrace.
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2017/00203/1/NMA
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A
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Acorn Camping, Rosedew Farm, Beach Road, Llantwit Major
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Non material amendment - Installation of a 17.5m column mast accommodating three no. antennas and two no. dishes together with two no. cabinets within a fenced compound at Acorn Farming (east of toilet block): Revised mast, antenna and dish design.
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2017/00212/FUL
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R
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New Broad Street Motors, Ty Verlon Industrial Estate, Barry
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Creation of 2 no separate A1 units within footprint of existing Car Sales building (permitted change of use) and alterations to front and rear elevations. Relocation of existing totem sign.
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2017/00229/1/CD
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A
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77, Eastgate, Cowbridge
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Discharge of condition 4 - Demolition and re-instatement of rear stone boundary wall; construction of new 1.5-storey garage with accommodation over, plus rear driveway with 3 parking spaces; stripping of existing roof covering to main house and re-instatement of grade 1 natural slate.
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2017/00301/1/NMA
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A
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9, Nant Talwg Way, Barry
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Non Material Amendment - Retention of Granny Annexe. Planning Permission ref. 2017/00301/FUL: Retention of Granny Annexe.
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2017/00427/FUL
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R
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Penmaen Livery Yard, St. Mary Church
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Change of use from a livery yard and ancillary horse rug wash business to a mixed use of livery yard with ancillary horse rug washing business, agriculture and the commercial storage and distribution of firewood logs as well as the extension of an existing indoor riding school building to house a biomass boiler for use in connection with the drying and sale of firewood logs - resubmission of 15/00177/FUL.
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2017/00428/FUL
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R
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Anna Livia, City
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Retention of decking and metal balustrade and landscaping scheme.
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2017/00541/1/CD
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A
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Northcliffe Lodge, Northcliffe Drive, Penarth
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Discharge of Conditions 6 - Stopping up of existing access and 20 - CEMP for the demolition of existing dwelling and outbuilding and erection of 30 apartments and associated works.
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2017/00548/FUL
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A
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9, Paget Place, Penarth
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Variation to renew existing planning permission - varying Condition 1 of Planning Permission 2012/00075/FUL. To extend time period for commencement of development.
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2017/00583/1/NMA
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A
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24, Mountjoy Avenue, Penarth
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Non Material Amendment - Hip to gable roof modification to provide additional living space in the loft. Rear dormer extension with recessed balcony. Planning permission ref. 2017/00583/FUL: Hip to gable roof modification to provide additional living space in the loft. Rear dormer extension with recessed balcony.
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2017/00619/FUL
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A
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86, Millfield Drive, Cowbridge
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Single story entrance and WC extension to the front elevation.
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2017/00668/OUT
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A
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Hazel Court Ponds, Llysworney
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Outline planning application for a rural enterprise worker's dwelling.
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2017/00700/FUL
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A
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28, Four Acre, Llantwit Major
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Demolition of garage and construction of two storey side and single storey front extension with associated external and drainage works.
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2017/00738/2/CD
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A
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Southcot, 27, Cog Road, Sully
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Discharge of condition 3 - Replacement of a dwelling (formerly semi-detached) with new semi-detached dwellings.
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2017/00742/FUL
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A
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Offices Barry Fire Station, Port Road West, Barry
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Proposed refurbishment works to existing fire station to include change of use for co-location with Welsh Ambulance Service. Works to include new external fire escape stair and re-cladding of existing elevations with new permanent signage.
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2017/00782/FUL
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A
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Lynton, Tredodridge
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Proposed stable block.
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2017/00810/FUL
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R
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Mill Barn, Mill Road, Boverton, Llantwit Major
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Change of use of land and building from agricultural to a single dwelling house and associated garden, together with the retention and completion of an attached building.
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2017/00872/FUL
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A
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71, Queens Road, Penarth
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Retention of extensions as built.
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2017/00884/FUL
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R
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Mill Cottage, Clemenstone
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Double storey extension and single storey extension.
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2017/00894/FUL
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A
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57, Bron Awelon, Barry
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Proposed two storey rear extension.
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2017/00902/FUL
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A
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Flanders Barn, Flanders Road, Llantwit Major
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Proposed fish pond, with decking and filter bay.
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2017/00926/FUL
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A
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14, Greenacres, Barry
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Single storey rear extension to replace existing conservatory.
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2017/00932/FUL
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A
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Maslin Park Playing Field, Plymouth Road, Barry
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Siting of steel storage container unit adjacent to changing rooms.
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2017/00966/FUL
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A
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Marcross Farm, Llantwit Major
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Extension to existing cow barns, in order to accommodate a robotic milking system.
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2017/00972/FUL
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A
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Marks and Spencer, Culverhouse Cross, Copthorne Way, Culverhouse Cross
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2 No. four metre high columns for an Automatic Number Plate Recognition (ANPR) camera.
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2017/00973/LAW
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A
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2, Railway Terrace, Penarth
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Proposed rear dormer and rooflights.
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2017/00977/LBC
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A
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Flanders Barn, Flanders Road, Llantwit Major
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Replacement windows and external doors. Proposed new rooflight. Proposed repairs to adjacent stone boundary wall.
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2017/00981/FUL
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A
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3, Druids Green, Cowbridge
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Two storey side extension.
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2017/00982/FUL
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A
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Tusker House, 58, Marine Drive, Barry
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First floor extension and alterations to garage.
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2017/00983/FUL
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A
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33, Ffordd Cwm Cidi, Barry
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Construction of a single storey extension at the rear of the property, 3m x 10m c/w lean-to roof. Brickwork and roof tiles to match existing. To provide extended kitchen, dining area and family room.
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2017/00985/FUL
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A
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Red Oaks, Upper Farm, Rhoose Road, Rhoose
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New extension to existing house to incorporate indoor swimming pool and associated plant and change areas and gym room.
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2017/00990/FUL
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A
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3, Portland Close, Penarth
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Erection of a timber framed summerhouse to the rear of the garden.
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2017/00994/FUL
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A
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20, Marine Drive, Barry
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To form new car parking bay to front of dwelling-adjusting ground levels and garden wall fronting street. To form new pedestrian access to adjust existing vehicular crossover.
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2017/00995/FUL
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A
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258, Holton Road, Barry
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Retain front ground floor as retail and conversion of part ground floor and upper floor into 3 one bedroom flats with external alterations.
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2017/00999/FUL
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A
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19, Hensol Villas, Hensol
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Proposed two storey rear extension with Juliette balcony.
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2017/01001/FUL
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A
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The Old Farmhouse, Cowbridge
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Proposed single storey extension and conversion of existing garage to a bedroom.
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2017/01006/FUL
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A
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Dow Corning Ltd, Cardiff Road, Barry
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The proposed structure will consist of a 20 nest box Swift Tower with solar-powered swift caller. The tower will be set in a concrete base, which needs to be 1m x 1m sq., and 0.6m deep. Set in the base are the template and holding down bolts. The distance from the housing at ground level to the base of the nest box housing is 3.8m (so total height is c. 4.8m). The Swift Nest Box housing at the top of the tower is 1.2m x 1.2m, and 1m high.
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2017/01009/FUL
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A
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16, Lake Hill Drive, Cowbridge
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Extension to existing dwelling house.
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2017/01010/FUL
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A
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Sunnybank, High Street, Llantwit Major
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Permission to replace four wooden casement windows to south side of grade 2 listed property known as Sunny Bank CF61 1SS, with sash wooden windows.
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2017/01014/ADV
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R
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Unit 2A, Culverhouse Cross Retail Park,
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3 No. freestanding banners.
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2017/01016/LAW
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A
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110, Redlands Road, Penarth
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The conversion of the existing hipped end attic space into a gable end space for 2 bedrooms and a bathroom.
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2017/01018/FUL
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A
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Little Acre, Llangan
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Change of use from agricultural land to garden.
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2017/01021/FUL
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A
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6, Kingsley Close, Sully
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(AMENDED PLANS)
Planning approval for a two storey side and single storey rear extension.
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2017/01022/FUL
2017/01023/FUL
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A
A
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Land opposite Middlehill on the lane running between Llancarfan and Walterston
12, Downs View, Aberthin
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Erection of wooden stable barn.
Amendment to permission 2017/00518/FUL to increase ridge height of two storey side extension by 684mm (to match height of existing central hipped gable feature within the terrace), removal of two storey rear extension, new first floor window (obscured glazed) on side elevation of two storey extension, reduce size of patio doors on the rear elevation (of two storey side extension) and changes to fenestration.
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2017/01025/FUL
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A
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Chy Avallan, Church Road, Llanblethian
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Proposed covered entrance porch and garage with hobby room over.
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2017/01027/FUL
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A
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Caer Wigau Isaf, Pendoylan Road, Pendoylan
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The construction of an agricultural barn, single storey stable block, and associated ménage.
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2017/01028/FUL
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A
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49, Lewis Road, Llandough, Penarth
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Extension to rear at first floor above existing single storey extension.
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2017/01033/LAW
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A
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Norwood, 114, South Road, Sully
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Proposed single storey rear extension.
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2017/01034/FUL
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A
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51, Brookfield Avenue, Barry
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Proposed first floor extension, to form additional accommodation for an elderly relative.
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2017/01035/LBC
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A
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Sunnybank, High Street, Llantwit Major
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Permission to replace four wooden casement windows to the south side of the grade 2 listed property known as Sunny Bank CF61 1SS, with sash wooden windows.
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2017/01037/FUL
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A
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The Stables, Marcross
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Ground floor rear extension (2012/00836). Application to extend permission.
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2017/01044/FUL
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A
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61, Pontypridd Road, Barry
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Existing garage to be demolished and new single storey extension to be constructed.
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2017/01045/FUL
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A
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18, St. Cyres Road, Penarth
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Existing garage to be demolished and replaced with two storey side extension and alterations to fenestration on existing house.
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2017/01046/FUL
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A
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5, Castle Court, Llantwit Major
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Existing garage demolished and rebuilt to form habitable room, new rear/side extension to existing dwelling.
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2017/01049/FUL
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A
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6, Berkley Drive, Penarth
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Two storey side extension in place of current single storey extension.
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2017/01050/FUL
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A
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Sutton Farm, Fort Road, Lavernock
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Proposed extension to existing property to provide ancillary full time carers accommodation.
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2017/01051/ADV
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E
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The Old Village Shop, Bonvilston
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Existing signs on building. New sign 'The Best Breakfast In Wales'.
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2017/01052/FUL
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A
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62, Celtic Way, Rhoose
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Bedroom extension to front and rear of house.
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2017/01053/FUL
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A
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66, Pontypridd Road, Barry
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Rear flat roofed extension to accommodate larger bedroom with en suite.
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2017/01058/FUL
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A
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Pen Onn Farm, Llancarfan, Barry
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Proposed link extension, refurbishment and alterations.
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2017/01067/FUL
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A
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5, Pleasant View, Barry
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Proposed roof alterations and remodelling of the dwelling to form an additional first floor bedroom and bathroom plus a new first floor master bedroom suite to the rear elevation.
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2017/01069/FUL
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A
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19, Caer Worgan, Llantwit Major
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Remove existing conservatory, and single storey extension.
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2017/01071/FUL
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A
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Aberthaw Power Station, Pump House Road, West Aberthaw
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Replacement of the cladding to the northern end of the main power station building.
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2017/01073/FUL
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A
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40, Harding Close, Boverton, Llantwit Major
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Single storey rear extension and two storey side extension.
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2017/01074/ADV
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A
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Captains Wife, Beach Road, Swanbridge
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Installation of replacement illuminated and non-illuminated sign to the exterior of the building.
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2017/01078/FUL
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A
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Southcot, 27, Cog Road, Sully
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Replacement of a dwelling (formerly semi-detached) with new semi-detached dwellings - Revision to location and form of ancillary structures 'Workshops and Garden Stores', as part of approved planning application ref. 2017/00738/FUL, dated 26th September, 2017 for 27 Cog Road, Sully. Revision to Site Plan extents.
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2017/01083/FUL
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A
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15, Cae Rex, Cowbridge
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Demolition of existing bungalow and erection of new 4 bedroom dwelling.
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2017/01086/ADV
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A
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Unit 1B, Brooklands Retail Park, Culverhouse Cross
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3 No. internally LED illuminated flex face box signs complete with bird spikes and digitally printed flex face skins.
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2017/01091/LAW
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A
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Ty Groes, Heol y Mynydd, Southerndown
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Single storey rear extension and entrance porch to front elevation.
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2017/01092/FUL
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R
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60, Baruc Way, Barry
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Erect a wrought iron fence (1050mm in height) to the front of the property covering 2 sides of the front garden.
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2017/01093/FUL
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A
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9, The Verlands, Cowbridge
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Ground floor extensions to the front porch and west side elevation and garage conversion.
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2017/01094/FUL
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A
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12, Tudor Place, Llantwit Major
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Single storey rear extension.
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2017/01095/FUL
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A
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Maltsters Cottage, Factory Road, Llanblethian, Cowbridge
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Two additional rooflights on the rear roof slope.
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2017/01102/FUL
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A
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Westmoor Barn, Primrose Hill, Cowbridge
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Demolition of existing single storey extension and construction of a new single storey extension incorporating glass conservatory elements.
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2017/01103/FUL
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A
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6, Coates Road, Penarth
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Proposed ground floor kitchen and living room extension, and first floor bedroom extension. New front entrance porch.
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2017/01104/FUL
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A
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8, Llwyn Passat, Penarth
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Proposed extension to first floor balcony.
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2017/01105/FUL
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A
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22, Meadow Court, St. Brides Major
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Single storey side extension to existing dwelling.
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2017/01110/FUL
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A
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25, Uplands Crescent, Llandough
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Single storey side extension.
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2017/01114/FUL
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A
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37, Baruc Way, Barry
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Conversion of integral garage into living space. With removal of garage door, replaced with in keeping window and new door from the kitchen/ dining room to access the new living space.
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2017/01121/FUL
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A
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39, Elfed Avenue, Penarth
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Double storey rear extension and single storey side extension.
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2017/01122/FUL
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A
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White Lodge, Fox Hollows, Maendy
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Double storey side extension with rear orangery.
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2017/01125/FUL
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A
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3, Elfed Avenue, Penarth
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Single storey orangery to rear side of property.
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2017/01127/FUL
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R
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9, Meadow Court, St. Brides Major
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To build a solar canopy.
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2017/01138/FUL
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A
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9, Heol Merioneth, Boverton, Llantwit Major
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Dwelling roof extension with balcony over single storey section.
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2017/01163/FUL
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A
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2, Merthyr Dyfan Road, Barry
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Hipped roof porch to front of dwelling.
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2017/01174/FUL
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A
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2, Berkley Drive, Penarth
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Proposed two storey side extension and single storey front and rear extension.
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2017/01180/ADV
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A
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Workshop Lower Garage, Windsor Road, Penarth
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Fascia sign and poster box.
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2017/01196/FUL
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A
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Bridge House, 95, Broadway, Llanblethian, Cowbridge
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Proposed Rear First Floor Extension.
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2017/01244/OBS
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P
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Bridgend Engine Plant, Waterton Industrial Estate, Bridgend
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Surface water storage lagoon with separator and flow control device - outfall to existing surface water drainage system.
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590 APPEALS (HRP) –
RESOLVED –
(1) T H A T no planning appeals had been received at the time of the meeting taking place.
(2) T H A T no enforcement appeals had been received at the time of the meeting taking place.
(3) T H A T the planning appeal decisions as detailed in Section (c) of the report be noted.
(4) T H A T no enforcement appeal decisions had been made at the time of the meeting taking place.
(5) T H A T the statistics relating to appeals for the period 1st April, 2017 – 31st March, 2018 as detailed in the report at Section (e) be noted.
591 TREES (HRP) –
(i) Delegated Powers –
RESOLVED – T H A T the following applications determined by the Head of Regeneration and Planning under delegated powers be noted:
Decision Codes
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A - Approved
E Split Decision
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R - Refused
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2017/00968/TPO
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A
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Hensol Castle Park (North), Hensol
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Works to trees on TPO. No.4 2003.
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2017/00989/TPO
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A
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75, Romilly Park Road, Barry
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Oak Tree: Light Reduction (1.5-2m), Crown lift to a maximum of 5.2m over road to allow vehicle clearance and 4.2m on garden side to rebalance the tree so a good form is kept, removal of deadwood.
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2017/01032/TPO
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A
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The Cottage, St. Hilary
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Reduction by 50% of mature Weeping Silver Lime on boundary with Llantrithyd Road - within TPO no. 07 1972.
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2017/01043/TPO
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A
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Holly House, Duffryn Lane, St. Nicholas
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Work to two trees at the front of the property within TPO no 04 1952 (work to tree to the rear covered by separate application 2017/01089/TCA).
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2017/01065/TCA
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A
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Oak Hill House, Causeway Hill, Llanblethian, Cowbridge
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30% Canopy reduction to Fagus Sylvatica Purpurea within the Llanblethian Conservation Area.
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2017/01075/TPO
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A
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Monmouth House, Salisbury Close, Penarth
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Line of Oaks SW Boundary - Crown raise all to 4m above ground, reduce back to clear any buildings by up to 2m, removing any unstable deadwood, sever Ivy, and fell and treat all self-seeded saplings along this boundary. Removing all arisings leaving site tidy.
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2017/01077/TCA
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A
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Lorna Hughes Park, High Street, Llantwit Major
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Works to trees in the Llantwit Major Conservation area.
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2017/01085/TPO
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A
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Great House, Treoes
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Work to trees covered by TPO 1994 No 23 A01.
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2017/01087/TCA
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A
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Dan y Bryn, Flemington Road, Flemingston
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Work to trees within the Flemingston Conservation area.
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2017/01089/TCA
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A
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Manor House, Duffryn Lane, St. Nicholas
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Removal of overhanging branches of a Conifer tree which are also growing through a Holly tree which is on my property at the rear of the house (i.e. garden - see photographs).
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2017/01107/TCA
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A
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1, Maesyfelin, Llandow
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Work to trees in the Llandow Conservation Area.
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2017/01108/TCA
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A
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The Buffers, Cardiff Road, Cowbridge
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Work to tree in the Cowbridge Conservation Area.
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2017/01120/TPO
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R
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71 Broadway, Llanblethian, Cowbridge
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Work to trees covered by TPO 2004 no 18 Gp 2.
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2017/01123/TCA
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A
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The Old Farm, St. Hilary
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Work to trees in St. Hilary Conservation Area.
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2017/01129/TCA
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A
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Parish Hall, 2, Britway Road, Dinas Powys
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Works to trees in the Dinas Powys Conservation Area.
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2017/01155/TPO
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A
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The Chestnuts, Llysworney
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Work to trees - TPO 1972 No 2 G02 and G08.
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2017/01160/TCA
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A
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11, Clement Place, Barry
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Overall crown reduction to Norway Maple in rear garden.
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2017/01170/TCA
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A
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The Chestnuts, Llysworney
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Work to trees - Llysworney Conservation Area.
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2017/01176/TPO
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A
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Tree to rear 52 Scott Close, St. Athan
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Work to trees covered by TPO 2003 No12 T24 - Crown raise Ash to 3m to clear parking space.
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2017/01186/TCA
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A
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Holly Cottage, Penmark
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Work to tree in Penmark Conservation Area - Remove Sycamore Tree.
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2017/01266/TCA
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A
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The Paddocks, Llanmaes
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Works to trees - Llanmaes Conservation Area.
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592 ENFORCEMENT ACTION (HRP) –
(i) Withdrawal of Enforcement Notice – Land and Buildings at Hangars A and B, Llantwit Major Road, Llandow (Site Serv)
The report related to unauthorised operations at Hangars A and B (Site Serv), Llandow that had previously been reported to Planning Committee on 12th February, 2015, whereby it was resolved to issue an Enforcement Notice and Stop Notice in respect of the unauthorised use of the site as a waste recycling station.
As a result of an application for planning permission (2014/01464/FUL) being submitted, in an attempt to resolve the breach of planning control, the authorised Notices were not issued immediately. The application was determined on 15th April, 2016 and permission was refused for the retention of the unauthorised use.
An Enforcement Notice was issued on 10th June, 2016. The reason for issuing the Enforcement Notice was as follows:
The use of the site as a waste transfer station and for the storage and processing of municipal waste is considered to have a harmful impact upon the amenities, health and safety of the public and neighbouring land and on the safety of highway users contrary to the Policies EMP2- New Business and Industrial Development, WAST1 - Provision of waste management facilities, WAST2 - Criteria for assessing waste management facilities, ENV27 – Design of New Developments and ENV29- Protection of Environmental Quality of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, as well as guidance provided in Planning Policy Wales and Technical Advice Note 21: Waste (2014).
An appeal was made against the refusal of the 2014/01464/FUL application shortly after the decision was issued, with a further appeal having been made in respect of the Enforcement Notice. The appeals had been linked and were being considered by the Planning Inspectorate jointly.
The site suffered a devastating fire in March 2017, prior to the public enquiry date, and Hangar B was effectively burnt to the ground. As such, all operations on that site ceased. During the incident, Natural Resources Wales were understood to have suspended the permit that had been issued by them for the waste recycling operation, but shortly after, partially lifted the suspension in order to allow the continued operation of the part of the site not affected by the fire, i.e. the Hangar building in the west of the site (Hangar A).
In May 2017 an application reference 2017/00329/FUL was submitted in an attempt to retain the use of Hangar A for the sorting of plastic, paper and cardboard only. As a result of the application, the linked appeals were placed into abeyance pending the determination of the application. In November 2017 the 2017/00329/FUL application was approved.
The abeyance period in respect of the appeals relating to the Enforcement Notice under 2014 planning application had now ended. As such, the report considered how the Council would proceed in light of the recent planning history and events at the site and recommended the withdrawal of the Enforcement Notice.
The reasons for withdrawal of the Enforcement Notice were set out by the Principal Appeals and Enforcement Officer as follows:
(1) A fire had destroyed one (Hangar B) of the two buildings on the site that were the subject of the Enforcement Notice. The building subject to the fire was used for the sorting and bailing of black bag waste. The processing of the waste caused an element of the adverse effects experienced outside of the site (e.g. odour and pests) and the 24 hour operation of the site being sought by the developer also resulted in further detrimental impact on the adjoining land uses.
(2) Since the fire, the receipt and sorting of black bag waste had ceased at the site. In addition to this, the 2017 permission for plastic, cardboard and paper recycling strictly prohibited the receipt, sorting, storage and export of any other type of material, including black bag waste. Furthermore, the 2017 permission also limited the hours of operation on the site to daytime hours. It was understood that the site was operating in accordance with the 2017 planning permission.
In conclusion, the officer apprised the Committee of the sufficient controls now in place that would prevent the adverse effects that formed the reason for issuing the Enforcement Notice in the first instance. Furthermore, if the controls were not complied with, it was still open to the Council to issue a new Enforcement Notice or Breach of Condition Notice to resolve any breach. Officers were monitoring the site in order to ensure compliance with the conditions that were in place
under the 2017 permission and were currently pursuing the submission of certain details in compliance with a number of the conditions.
In addition to the above, if the Enforcement Notice was not withdrawn, it was likely that the appeal would continue. It was officers’ advice that such an appeal would be an unnecessary use of Council resources and officer time, particularly in light of the recent planning permission and the operation of the site in compliance with that permission.
RESOLVED –
(1) T H A T in accordance with Section 173A of the Town and Country Planning Act 1990 (as amended), the Head of Legal Services be authorised to withdraw the Enforcement Notice issued on 10th June, 2016, in respect of the site at Hangars A and B, Llantwit Major Road, Llandow (Site Serv).
(2) T H A T officers use every effort to pursue whatever enforcement action was necessary to deal with existing and ongoing breaches of planning control.
(3) T H A T a further update report be provided at the next Planning Committee, as a late item, outlining the most up to date position.
Reasons for decisions
(1) The Committee support the Officers recommendation to withdraw the Enforcement Notice issued on 10th June in respect of the site at Hangars A and B, Llantwit Major Road, Llandow.
(2) Any breaches of planning control on site are identified and actioned upon.
(3) Members are kept up to date on future developments at the site.
593 PLANNING APPLICATIONS (HRP) –
Having considered the applications for planning permission and, where necessary, the observations of interested parties, it was
RESOLVED – T H A T in pursuance of the powers delegated to the Committee, the following applications be determined as indicated and any other necessary action be taken.
2016/01501/FUL Received on 9 August 2017
(P. 53)
Mr. G. Davies c/o Agent
Mr. Andrew Bates Geraint John Planning, 33, Cathedral Road, Cardiff, CF11 9HB
Llanerch Vineyard, Hensol
Retention and completion of guest accommodation block
RESOLVED – T H A T the Enforcement Notice served on 24th April, 2017 in respect of the ‘Guest Accommodation Block’ be withdrawn.
Subject to a Legal Agreement to tie the guest accommodation into the existing vineyard enterprise to ensure these two aspects of the business would remain fully integrated and;
The relevant person(s) first entering into a Section 106 Legal Agreement or undertaking to include the following necessary planning obligations:
• The developer shall spend a minimum sum of £48,300 on the provision of a minibus service to and from the site for the benefit of guests and staff, or in the event that a sum not equal to £48,300 is spent on the minibus service that the payment of the shortfall is made directly to the Council to provide or improve sustainable transport facilities in the vicinity of the site.
• The developer will provide public art on site to a value of 1% of the build costs of the development or provide a financial contribution to the same value in lieu of on-site provision for the Council’s public art fund.
• The developer shall provide training (on a recognised training course) for at least 4 employees or alternatively pay the Council a contribution of £5,020 as an in lieu contribution.
APPROVED subject to the following condition(s):
1. The development shall be carried out in accordance with the following approved plans and documents:
'01_Site Layout Plan', '02_Ground Floor Plan', '15_Site Location Plan', '17_Block Plan', '18_First Floor Plan' received 13 July 2017
'08_E_West Facing Elevation', '11_E_North Facing Elevation', '26_Sketch Section' received 6 December 2017
'03_East Facing Elevation', '05_K_South Facing Elevation', '06_I_South Facing Sectional Elevation 01', '07_I_South Facing Sectional Elevation 02', '09_K_South Facing Elevation (with context)', 10_J_Complete East Facing Elevation' received 20 December 2017
Reason:
For the avoidance of doubt as to the approved development and to accord with Circular 016:2014 on The Use of Planning Conditions for Development Management.
2. Notwithstanding the submitted details and prior to their use in the construction of the development hereby approved, a schedule and samples of materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.
Reason:
To safeguard local visual amenities, as required by Policies SP1 (Delivering the Strategy), Policy MD2 (Design of New Development), Policy MG17 - Special Landscape Areas and SP10 (Built and Natural Environment) of the Local Development Plan.
3. Prior to the first beneficial use of the development hereby approved, a Travel Plan shall be prepared to include a package of measures tailored to the needs of the site and its future users, which aims to widen travel choices by all modes of transport, encourage sustainable transport and cut unnecessary car use. The Travel Plan shall thereafter be completed in accordance with the approved details.
Reason:
To ensure the development accords with sustainability principles and that site is accessible by a range of modes of transport in accordance with Polices SP1 (Delivering the Strategy), MD1 (Location of New Development) and MD2 (Design of New Developments) of the Local Development Plan.
4. A scheme of landscaping shall be submitted to and approved by the Local Planning Authority prior to the first beneficial use of the development hereby approved. The scheme shall include indications of all existing trees (including spread and species) and hedgerows on the land, identify those to be retained and identify the position and a proposed schedule of planting.
Reason:
To safeguard local visual amenities, and to ensure compliance with the terms of Policies SP1 (Delivering the Strategy), SP10 (Built and Natural Environment), MG17 (Special Landscape Areas), MD1 (Location of New Development) and MD2 (Design of New Developments) of the Local Development Plan.
5. 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 5 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.
Reason:
To ensure satisfactory maintenance of the landscaped area to ensure compliance with [Policy / Policies SP1 (Delivering the Strategy) / SP10 (Built and Natural Environment) / MG17 (Special Landscape Areas) / MD1 (Location of New Development) / MD2 (Design of New Developments) / MD9 (Historic Environment)] of the Local Development Plan.
6. Any topsoil or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes. Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by the LPA.
Reason:
To ensure that the safety of future users of the site is not prejudiced in accordance with Policies SP1 (Delivering the Strategy) and MD7 (Environmental Protection) of the Local Development Plan.
Reason for decision
The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026.
It is considered that the decision complies with the Council’s well-being objectives and the sustainable development principle in accordance with the requirements of the Well-being of Future Generations (Wales) Act 2015.
Having regard to Policies SP1 – Delivering the Strategy, SP10 – Built and Natural Environment, SP11 – Tourism and Leisure, MG17 – Special Landscape Areas, MG29 – Tourism and Leisure Facilities, MD1 – Location of New Development, MD2 - Design of New Development, MD3 – Provision of Open Space, Policy MD4 – Community Infrastructure and Planning Obligations and Policy MD7 – Environmental Protection of the Vale of Glamorgan Adopted Local Development Plan 2011-2026, and the advice contained within the Council’s Supplementary Planning Guidance on Design in the Landscape, Planning Policy Wales 9th Edition, Technical Advice Note 12- Design and 13-Tourism, the development is considered acceptable in terms of its size and massing, design, impact to the character of the area and wider landscape value of the Special Landscape Area, the impact to neighbouring properties and the local environment and ecology.