Agenda Item No. 10(a)

 

CHAIRMANS URGENT ITEM

 

THE VALE OF GLAMORGAN COUNCIL

 

PLANNING COMMITTEE : 7 DECEMBER, 2017        

 

REPORT OF THE HEAD OF REGENERATION AND PLANNING

 

MATTER WHICH THE CHAIRMAN HAS DECIDED IS URGENT

BY REASON OF THE NEED TO MAKE A DECISION BEFORE TO THE NEXT COMMITTEE

 

 

LLANERCH VINEYARD, HENSOL

REASON FOR COMMITTEE DETERMINATION

The matter relates to the withdrawal of a Stop Notice which is not covered by the Council’s scheme of delegation.

 

THE PURPOSE OF THIS REPORT

To seek approval to withdraw the Stop Notice when officers are satisfied that amended plans have been received that are capable of being recommended for approval of planning permission, to allow the developer to undertake works to weatherproof the development without the immediate threat of prosecution.

 

REPORT

The unauthorised operations at Llanerch Vineyard have previously been reported to Planning Committee on 30th March 2017, whereby it was resolved to serve an Enforcement Notice and Stop Notice in respect of the works. A copy of the Committee Report is attached at Appendix A.

 

An Enforcement Notice and Stop Notice was served on 24th April 2017 and remain in effect. There was no valid planning application in place at the time and there was concern that development in progression would be unacceptable.

 

The reasons for issuing the Enforcement Notice were as follows:

 

The principle of the Guest Accommodation Block, being a stand-alone building, without adequate controls connecting its use to the existing tourism and recreational use of the site results in an unjustified form of development within a countryside location.  Furthermore, the Guest Accommodation Block, if completed, would have a bulky appearance owing to its size, height and form with broad and unrelieved elevations. It is of a design that has little regard to the character of the existing historic buildings within the site and as such would be discordant with the site’s predominantly agrarian character. The Guest Accommodation Block, if completed, would also cause harm to the special landscape setting and would fail to sensitively integrate with its surroundings resulting in a visually harmful form of development.  There is also no certainty that the development can be adequately drained.  In this regard the unauthorised development consisting of the Guest Accommodation Block is contrary to Strategic policies 1 and 2, Policies ENV1 – Development in the Countryside, ENV4 – Special landscape Areas, ENV10 – Conservation of the Countryside, ENV27 – Design of New Developments, TOUR 1 – New Hotels in the Countryside and EMP7 – Farm Diversification of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011. It is also contrary to the national advice and guidance contained within Planning Policy Wales (2017), Technical Advice Note 6: Planning for Sustainable Rural Communities, Technical Advice Note 12: Design and Technical Advice Note 13: Tourism.

 

The absence of an appropriate Section 106 agreement for the provision of sustainable transport, training and development and public art results in a form of development, the impact of which has not been adequately mitigated.   Accordingly, the construction of the Guest Accommodation Block is in conflict with the aims of Strategic Policies 1 & 2, policy ENV27 – Design of New Developments of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, the Council’s Supplementary Planning Guidance on Planning Obligations and Public Art; and National Planning Guidance contained in Planning Policy Wales (2017), Technical Advice Notes 12: Design and 18: Transport.

 

The construction of the Guest Accommodation Block without having undertaken a prior Transport Assessment results in an unacceptable form of development, as it has not been adequately demonstrated that the site provides adequate access, provision made for all modes of transport and means of travel, including parking, or that the impact to the local highway network in terms of traffic generation is acceptable. Accordingly, the development fails to accord with Policy TRAN10 – Parking of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011, national planning policy contained within Planning Policy Wales (2017) and Technical Advice Note 18: Transport.

 

Planning Policies and Guidance

The Unitary Development Plan has, in the time since the preparation of the committee report at Appendix A, been superseded following the adoption of the Local Development Plan on 28 June 2017. However, it is not considered there has been a material change in the policy stance in respect of the matters in hand. An updated summary of the relevant planning policies and guidance is, provided below:

 

Local Development Plan:

 

The Development Plan for the area comprises the Vale of Glamorgan Adopted Local Development Plan 2011-2026, which was formally adopted by the Council on 28 June 2017, and within which the following policies are of relevance:

 

Strategic Policies:

POLICY SP1 – DELIVERING THE STRATEGY

POLICY SP10 – BUILT AND NATURAL ENVIRONMENT

POLICY SP11 – TOURISM AND LEISURE

 

Managing Growth Policies:

policy MG17 – sPECIAL LANDSCAPE AREAS

POLICY MG29 – TOURISM AND LEISURE FACILITIES

 

Managing Development Policies:

Policy MD1 - Location of New Development

Policy MD2 - Design of New Development

Policy MD4 - Community Infrastructure and Planning Obligations

Policy MD7 - Environmental Protection

 

Policy MD8 - Historic Environment      

POLICY MD13 – TOURISM AND LEISURE

POLICY MD17 – RURAL ENTERPRISE

 

Well-being of Future Generations (Wales) Act 2015

 

The Well-being of Future Generations Act (Wales) 2015 places a duty on the Council to take reasonable steps in exercising its functions to meet its sustainable development (or wellbeing) objectives.  This report has been prepared in consideration of the Council’s duty and the “sustainable development principle”, as set out in the 2015 Act. In reaching the recommendation set out below, the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.

 

Issues

 

Details of a revised scheme have been submitted following the issue of the aforementioned Notices under planning reference 2016/01051/FUL, this planning application remains under consideration by officers. The application is due for determination by Planning Committee in due course.

 

The applicant has indicated a willingness to enter into a Section 106 agreement to provision of sustainable transport, training and development and public art in accordance with the LDP Policy MD4 – Community Infrastructure and Planning Obligations and Planning Obligations SPG. A Transport Assessment has also been submitted in support of the application and Highways Development has raised no objection to the development. The principal issue that remains is the visual impact of the development and impact to the local character and special landscape setting. Some concern has remained regarding the design of the submitted scheme. However, following recent further negotiations, the applicant has expressed their intention to make further alterations to the scheme with a view to addressing these concerns. If acceptable amendments are received it is considered that the application will come forward to Planning Committee with a resolution for approval.

 

The timber frame building had been partly constructed at the time of service of the Stop Notice. The frame of the building is constructed, but the structure has no roof at present. The applicant has made an attempt to weatherproof the structure, with moderate initial success, but the measures (tarpaulins etc.) have not been able to fully withstand the rain, which has penetrated the structure, causing an onset of rot. It is critical to the applicant that the structure is roofed, to prevent the complete loss of the building, at significant cost. There are parts of the structure that will require repair for construction to proceed and the discussed changes are likely to require alterations to the frame of the building.

 

The applicant has therefore requested that the Stop Notice be withdrawn to allow for a roof to be placed on the building. However, in taking such action, the works themselves would still be unauthorised until such time as it is granted planning permission. Therefore, further works on site will be undertaken at the developer’s risk until such time as planning permission for an acceptable scheme is granted. The withdrawal of the Stop Notice does not prejudice the Council’s further consideration of the planning application, which will be reported to Planning Committee in due course.

 

For information, it should be noted that Compensation may be payable but only where the notice is flawed in some respect, subsequently altered, varied or withdrawn. I would confirm my officers have undertaken a risk assessment and it has been concluded that, given the submission of a revised scheme and substantial negotiations since in attempting to reach a mutually agreeable scheme, the operator would not have a legitimate claim to costs. An assurance has nevertheless been sought from the applicant that, prior to any withdrawal of the Stop Notice, no claim for costs would be pursued and this assurance has been given in writing.

 

RECOMMENDATION

  1. To withdraw the Stop Notice referred to above when the Operational Manager for Planning and Building Control or Head of Regeneration and Planning are satisfied that amended plans have been received that are capable of being recommended for approval of planning permission.

 

REASON FOR RECOMMENDATION

 

  1. To allow the developer to undertake works to the unauthorised structure on site (e.g. to weatherproof the structure) without threat of immediate prosecution under the Stop Notice.

 

It is considered that the recommendation 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.