6th June 2012 20871513 To: Members of the Council Dear Councillor Planning Committee Wednesday 13th June 2012

at Ferrier Hall, City Hall, Cardiff (meeting starts at 2.30.p.m.) I attach a copy of the schedule of Development Control Applications which will be considered at this meeting of the Planning Committee. The plans relating to the applications will be available for inspection at the City Hall, during the whole of Tuesday and Wednesday morning preceding the Committee. Unless otherwise stated in the report, Planning Committee has delegated powers to determine the applications in the schedule. Planning Committee (but not an individual member) can also refer a matter to another committee or to the Council for a resolution. However, Council cannot move an amendment to a recommendation relating to a planning application or make a recommendation relating to a planning application and can only refer a matter back to Planning Committee on one occasion, after which Planning Committee shall decide the matter. Please now note that if any requests for site visits are acceded to by the meeting, such site visits will take place during the afternoon of Wednesday 4th July 2012.. If you submit a request for a site visit, you must include in your submission (a) a choice of at least two starting times for the site visit that you are requesting, each of which must be at least 45 minutes apart; and (b) the reasons why you believe that such a site visit is necessary. If you fail to provide any choices of starting times for the site visit that you've requested, it will be assumed that you will be available to attend such a site visit at any time of the day, regardless of what time it starts. The Clerk to the Council will circulate the Agenda for the meeting to the Members of the Planning Committee separately.
Yours sincerely

Strategic Planning and Development Manager

CARDIFF COUNTY COUNCIL PLANNING COMMITTEE THE REPORTS OF THE CHIEF STRATEGIC PLANNING AND ENVIRONMENT OFFICER

LIST OF DEVELOPMENT APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE ON 13TH JUNE AT 2.30PM

AREA

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HOUSEHOLDER OUTER INNER

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- 10

11 - 141 142 - 256

CARDIFF LOCAL DEVELOPMENT PLAN When regard is to be had to the Development Plan the Council’s decision must be made in accordance with the Plan unless material considerations indicate otherwise. The Development Plan for the administrative area of Cardiff remains the City of Cardiff Local Plan (1996), the South Glamorgan (Cardiff Area) Replacement Structure Plan (1997) and the South Glamorgan (Cardiff Area) Minerals Local Plan together with the approved Mid Glamorgan County structure Plan incorporating Proposed Alterations No.1 (September 1989). In accordance with statutory procedures, the Council prepared and placed on deposit a Unitary Development Plan (to 2016) in October 2003. It has never been formally abandoned but agreement was reached with the Welsh Assembly Government in May 2005 to cease work on the UDP and commence work on a new Local Development Plan prepared under the provisions of the Planning and Compulsory Purchase Act 2004. On the 28 April 2009 Cardiff Council placed the Cardiff Local Development Plan 20062021 on deposit for public consultation. From that date, and in accordance with the Council’s resolution, it was taken into account in development control decisions. On the 30th November 2009, following consideration of the responses to consultation, the submission draft was submitted to the Welsh Assembly Government for examination. However, in the light of the significant reservations expressed at an Exploratory Meeting by the Inspectors appointed to carry out the examination and their recommendation that the Local Development Plan be with drawn from the examination, the Council duly withdrew the LDP on the 12 April 2010. Unless a draft policy or proposal is a material consideration it should not be taken into account when making decisions: it is strictly irrelevant and if it is given weight in reaching a decision, that decision may be successfully quashed in the High Court. In the general run of cases the withdrawn Local Development Plan will not be a material consideration. If there is an issue in relation to which the withdrawn LDP is relevant, officers will advise the Committee specifically. Otherwise it should not be taken into account. Since the deposited UDP has not been abandoned, its policies and proposals may be a material consideration in a given case, but the weight which can be attached to the

UDP, and any statement of policy including the statutory Development Plan should be determined in the light of the following principal considerations:• • • The degree to which later statements of national policy and the Wales Spatial Plan make the policy out of date and suggest a decision should be taken otherwise than in accordance with it; The degree to which the policy is out of date for any other reason; The level and nature of any objection to a UDP or other draft policy.

Table 1.1: Existing Development Plans covering the Cardiff County Area Cardiff County Area Cardiff Deposit Unitary Development Plan (to 2016)

The Plan was placed on deposit in October 2003 and agreement was reached with Welsh Assembly Government in May 2005 to cease work on the plan and commence work on a new Local Development Plan.

City of Cardiff Area (part of the County of South Glamorgan until April 1996) South Glamorgan (Cardiff Area) Adopted April 1997 Replacement Structure plan 19912011 City of Cardiff Local Plan (including Waste Policies) Adopted January 1996

South Glamorgan (Cardiff Area) Adopted June 1997 Minerals Local Plan Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan Approved September 1989 incorporating Proposed Alterations No. 1 Mid Glamorgan Replacement Structure Modifications to the Plan including Plan recommendations of the EIP Panel approved by Mid Glamorgan County Council in January 1996 but not adopted in respect of the Pentyrch Community Area. Glamorgan County Development Plan (Area No. 2) Mid Glamorgan Minerals Local Plan for Limestone Quarrying Approved March 1963

In June 1996 Cardiff County Council resolved to approve the Plan as modified by the Inspector’s Report, for development control and other planning purposes, but the Plan was not adopted in respect of the Pentyrch Community Area.

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App No.

PLANNING COMMITTEE 13th June 2012 Location Description
RETENTION OF DEMOLITION OF EXISTING GARAGE WITH PART FIRST FLOOR AND PART TWO STOREY SIDE EXTENSION INCLUDING SINGLE STOREY REAR EXTENSION

Decision
PER

Officer
OGR

12/00537/DCH 3 CRANBOURNE WAY, PONTPRENNAU, CARDIFF, CF23 8SL

PLANNING COMMITTEE Page No. 11 App No. Location

- 13TH JUNE 2012 Description Decision Officer OMR

11/01300/DCO LAND ADJACENT TO LISVANE ROAD, LISVANE, CARDIFF

38

11/01301/DCO LAND TO NORTH OF LISVANE ROAD, LISVANE, CARDIFF

65

80 101

117

126

11/02164/DCO FORMER CANTON HEALTH CENTRE, WESSEX STREET, CANTON, CARDIFF 12/00137/DCO LAND AT 17, AEL-YPROPOSED SPLIT LEVEL 3 BEDROOM DETACHED BRYN, RADYR, CARDIFF DWELLING ON A VACANT PLOT. 12/00169/DCO CARDIFF HIGH PROPOSED CONSTRUCTION OF AN ARTIFICIAL SCHOOL, LLANDENNIS TRAINING PITCH ON SCHOOL ROAD, CYNCOED, GROUNDS/FLOODLIGHTS/FENCING CARDIFF 12/00423/DCO LAND ADJACENT TO 51 ERECTION OF ATTACHED HOUSE GWYNANT CRESCENT, LAKESIDE, CARDIFF, 12/00579/DCO CARDIFF COUNCIL RESIDENTIAL DEVELOPMENT HOUSING DEPOT, MOUNT PLEASANT LANE, LLANRUMNEY, CARDIFF

APPLICATION FOR APPROVAL OF RESERVED PER MATTERS FOR PLANNING PERMISSION 06/01442/E (FOR THE DEVELOPMENT OF 40 DETACHED DWELLINGS) COMPRISING MEANS OF ACCESS, EXTERNAL APPEARANCE, LANDSCAPING, SITING AND DESIGN. APPLICATION FOR APPROVAL OF RESERVED PER MATTERS FOR PLANNING PERMISSION 06/1443E (AS VARIED BY PLANNING PERMISSION 08/1929E) FOR THE DEVELOPMENT OF 24 DETACHED DWELLINGS, COMPRISING EXTERNAL APPEARANCE, LANDSCAPING, SITING AND DESIGN. CONSTRUCTION OF 14 NO DWELLINGS AND 106 ASSOCIATED WORKS

OMR

OTW

PER PER

OJH OMR

PER

OTW

PER

OJH

PLANNING COMMITTEE
Page No. App No. 11/02004/DCI Location GROSVENOR HOTEL, SOUTH PARK ROAD, SPLOTT, CARDIFF, CF24 2LU 97-99 ALBANY ROAD & 1A ANGUS STREET, ROATH, CARDIFF, CF24 3LP FORMER RUMPOLES, MOIRA TERRACE, ADAMSDOWN, CARDIFF, CF24 0NE CAR PARK AT ST ANDREWS LANE, CARDIFF

- 13 June 2012
Description Decision 106 Officer LAD

142

CHANGE OF USE FROM HOTEL AND PUBLIC HOUSE TO 25 APARTMENTS WITH SECOND FLOOR EXTENSIONS

151

11/02053/DCI

173

12/00084/DCI

DEMOLITION OF EXISTING A1 RETAIL UNIT + FLATS ON UPPER FLOORS CREATION OF NEW MIXED DEVELOPMENT OF A1 CONVENIENCE STORE SHELL WITH 3 FLATS ON UPPER FLOORS PROPOSED RE-DEVELOPMENT OF RUMPOLES PUBLIC HOUSE TO FORM COMMERCIAL UNITS TO GROUND FLOOR & 36 RESIDENTIAL UNITS OVER ERECTION OF A SINGLE BLOCK OF 99 SELF CONTAINED STUDENT STUDIO/ROOMS WITH GROUND FLOOR AMENITY. THE REPLACEMENT OF AN EXISTING PRIVATE CAR PARK. ALTERATIONS TO THE PUBLIC REALM. RELOCATION OF AN EXISTING SUB STATION. CHANGE OF USE RETAIL TO A3 WITH SALE OF ALCOHOL

106

RJC

REF

LAD

186

12/00165/DCI

106

LAD

206

12/00234/DCI

215

12/00299/DCI

229

12/00345/DCI

233 250

12/00380/DCI

12/00768/DCI

JESSOPS, CHURCHILL HOUSE, 17-21 CHURCHILL WAY, CITY CENTRE, CARDIFF, CF10 2HH ST SAVIOURS VICARAGE, 115 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2BY ST SAVIOURS VICARAGE, 115 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2BY PART OF LAND AT, SCHOONER WAY, ATLANTIC WHARF 25 WESTGATE STREET, CITY CENTRE

REF

LAD

UPGRADE AND EXTENSION TO EXISTING VICARAGE TO FORM A 32 - BED NEUROLOGICAL CARE UNIT, ASSOCIATED CAR PARKING, AMENDED ACCESS, LANDSCAPING AND ANCILLARY WORKS UPGRADE AND EXTENSION TO EXISTING VICARAGE TO FORM A 32-BED NEUROLOGICAL CARE UNIT, ASSOCIATED CAR PARKING, AMENDED ACCESS, LANDSCAPING AND ANCILLARY WORKS PROPOSED CONSTRUCTION OF CRECHE AND CAFE

106

RJC

PER

RJC

106

LAD

VARIATION OF CONDITION 2 OF PLANNING PERMISSION 08/02329/C TO EXTEND THE CLOSING TIMES TO 0430

REF

RJC

LOCAL MEMBER OBJECTION COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 13/06/2012 12/00537/DCH APPLICATION DATE: 29/03/2012

PONTPRENNAU/ST MELLONS Householder Mr R Hurley 3 CRANBOURNE WAY, PONTPRENNAU, CARDIFF, CF23 8SL RETENTION OF DEMOLITION OF EXISTING GARAGE WITH PART FIRST FLOOR AND PART TWO STOREY SIDE EXTENSION INCLUDING SINGLE STOREY REAR EXTENSION

___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in side elevation of the extension facing 5 Cranbourne Way. Reason: To ensure that the privacy of adjoining occupiers is protected. A minimum of one off street parking space shall be retained and maintained within the curtilage of the site at all times for the parking of vehicles. Reason: To ensure provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

3.

RECOMMENDATION 2: That the applicant be advised that no work should take place on or over the neighbour's land without the neighbour's express consent and this planning approval gives no such rights to undertake works on land outside the applicant's ownership. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Planning permission 11/02155/DCH granted 10th February 2012 permitted the demolition of an existing garage and storage area and the erection of a twostorey side extension and single-storey rear extension at 3 Cranbourne Way in Pontprennau. The permitted extensions have been built larger than approved and, as such, are unauthorised. The current application seeks

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planning permission to retain the extensions as built. 1.2 The two-storey side extension and single-storey rear extension has been built 300mm wider than approved. The two-storey extension is 3.3 metres wide, 8.6 metres in depth and 8.4 metres in height (5.2 metres to eaves). The single-storey extension is 10.1 metres wide, 2.4 metres in depth and 3.5 metres in height with a mono-pitch roof (2.4 metres in depth). The proposed extensions are finished in materials to match the existing dwelling (brick walls, concrete tile roof and white upvc fenestration and doors). DESCRIPTION OF SITE The property is a modern detached brick built dwelling on a residential cul-desac of similar dwellings. The property originally included an attached singlestorey garage and flat roof store at the side of the dwelling, which were demolished to accommodate the new extensions. Two off-street parking spaces are located at the front of the property. The eastern boundary of the property includes a retaining wall that adjoins the rear garden of No. 5 Cranbourne Way, this adjoining garden is approximately 1 metre higher than the application site. Cranbourne Way comprises of a mix of brick-finished detached dwellings, the majority of which include attached single-storey garages. Several properties on the cul-de-sac have been extended through the construction of a first-floor extension above the original garage. SITE HISTORY 11/02166/DCH: Demolition of existing garage and storage area. Proposed two-storey side extension to enlarge kitchen, form garage and provide a master bedroom to first floor. Proposed single-storey extension to rear to form utility room and extension to rear to form utility room and extend dining room – permission granted 10/02/12 POLICY FRAMEWORK The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policies are relevant: (i) (ii) 4.3 11 (Design and Aesthetic Quality) 17 (Parking and Servicing Facilities)

2. 2.1

2.2

2.3

3. 3.1

4. 4.1

The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant: (i) (ii) (iii) 2.20 (Good Design) 2.24 (Residential Amenity) 2.57 (Access, Circulation and Parking Requirements)

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4.4

The following Supplementary Planning Guidance is relevant: (i) (ii) Householder Design Guide (March 2007) Access, Circulation and Parking Standards (January 2010)

5. 5.1

INTERNAL CONSULTEE RESPONSES The Operational Manager, Transportation has no objection subject to a condition relating to the retention of at least 1 off-street parking space at the site. EXTERNAL CONSULTEE RESPONSES Nil REPRESENTATIONS Councillor Dianne Rees objects to the application for the following reasons: (i) The development is overbearing and overshadows No. 5 Cranbourne Way. (ii) The new application has been submitted to regularise what appears to be deliberate flouting of the previous application which was granted after agreed adjustments to the original plans. (iii) The developer should be required to submit a set of entirely new plans before the application is considered. Councillor Rees requests that the application be reported to Planning Committee and that Committee visit the site. Former Councillor Jane Rogers endorses the comments made by Councillor Dianne Rees and objects to the application for the same reasons. The occupiers of No. 5 Cranbourne Way objects to the application for the following reasons: (i) The concerns and objections raised in relation to the original application still stand. The proposed extension would be overbearing and overshadow No. 5 Cranbourne Way, particularly now it has been built a further 0.3 metres closer to the boundary with No. 5. (ii) The front facing apex/gable protrudes from the front of the building and increase the overbearing nature of the proposed extension. This feature is also not in keeping with other properties on Cranbourne Way. (iii) The boundary wall between No. 5 and No. 3 is a retaining and party wall with joint responsibility between the owners. The development has not retained sufficient space to carry out repairs or maintenance to this wall. (iv) The proposed garage is too large and could be converted into another reception room in future, which would cause parking issues. (v) The roof of the proposed single-storey extension could be used to gain access to neighbouring gardens. The development therefore represents a security risk.

6. 6.1 7. 7.1

7.2

7.3

3

(vi)

The owner of No. 3 has chopped down a perfectly healthy tree at the front of the property.

7.4

The occupier of No. 7 Cranbourne Way advises that although she objected to the original application, she accepted the plans following the amendments secured by officers. However, now that the extension has been built larger she wishes for her original concerns to be re-considered. The original concerns were: (i) The proposed two-storey extension would impose on the aesthetics of the surrounding area and the view from the rear of No. 7. (ii) The proposed development would Impact of the levels of light and privacy at No. 7. (iii) The close proximity of the single-storey extension to the rear boundary fence of No. 7 may potentially cause a security issue by providing another route of access to the rear of No. 7. A letter has been received from a Mr Evans (no address given) raising the following issues: (i) Two brick walls have been erected at the front of the house that look imposing and not at all in character with other properties. (ii) A tree has been cut down at the front of the site. (iii) There has been a lack of health and safety at the site during construction. ANALYSIS The proposed two-storey extension as originally submitted under planning application 11/02166/DCH was 3.6 metres wide. Officers expressed concern to the agent over the proximity of the extension to the boundary with No. 5 and amended plans were subsequently received illustrating the extension 3 metres wide. The application, as amended, was approved by Planning Committee, subject to conditions. The two-storey extension built at the site is 3.3 metres wide, 0.3 metres wider than shown on the approved plans. The full width single-storey extension located to the rear of the property is also subsequently 0.3 metres wider. The current application seeks planning permission to retain the extensions as built. The key considerations with this application are the same as those considered under the original application – the design and impact of the extension on visual amenity and street scene, the effect of the development on the residential amenities of neighbouring occupiers, and parking. It is considered that the 300mm increase in the width of the extension has not had a significant impact on the overall appearance of the extension. The extension is considered to be in keeping with the design and appearance of the main dwelling and it has been finished in materials to match the main dwelling. It is considered that the extension does not have an adverse impact on the street scene.

7.5

8. 8.1

8.2

8.3

4

8.4

The single-storey extension is subservient to the main dwelling in terms of its size and positioning and is not visible from the public realm. The extension raises no concerns in term of its impact on visual amenity. The proposed two-storey extension as previously approved was 0.2 metres wider than the original garage at the site, maintaining a distance of 1.1–2.9 metres from the boundary with No. 5. The impact of the extension on the amenities of neighbouring occupiers was carefully considered as part of the original application and it was considered that the extension would not be overbearing on, or unduly overshadow, the neighbouring occupiers. The twostorey extension as built is 0.3 metres wider than that approved and as such is 0.3 metres closer to the boundary with No. 5. The key consideration is whether this larger extension has an unacceptable impact on the amenities of the neighbouring occupiers. A location plan which shows the extensions’ relationship with the neighbouring properties, and photograph of the extension as built, is attached to this report. The two-storey side elevation of the extension is located between 0.8-2.6 metres from the rear boundary of No. 5 and this neighbouring property has a 9.5 metre long rear garden. The relationship between the application site and No. 5 is similar to that between No. 9 and No. 11 (see attached plan). The original two-storey side elevation of No. 11 is located a similar distance from the rear boundary of No. 9, and this relationship was approved as part of the original estate layout. The rear garden of No. 5 is higher than the ground level of the application site and, having due regard to the height of the extension, its proximity to the neighbouring boundaries, and orientation of the properties, it is considered that the two-storey extension, as built, does not have an unacceptable impact on the amenities of the neighbouring occupiers. The single-storey rear extension is located approximately 0.3 metres from the boundary with Nos. 5 and 7 and approximately 2 metres from the boundary with No. 1. It is considered that the single-storey extension does not prejudice the privacy or amenities of the neighbouring occupiers. The plans show that at least two-off street parking spaces are to be retained at the site (not including the integral garage). This provision exceeds that required by the Access Circulation and Parking Standards SPG and meets the provision recommended by the Operational Manager, Transportation (see paragraph 5.1). Condition 3 is recommended to ensure adequate off-street parking space is retained at the site (this condition was also imposed on planning permission 11/02166/DCH) In terms of other issues raised in the representations received, not addressed above: - The fact that extension built at the site does not accord with the approved plans and that the current application has been made retrospectively is no reason to refuse planning permission for the development. The extension must be considered against adopted planning policy and, if it complies with policy, then planning permission should be granted. - The current application was submitted with a set of new plans that

8.5

8.6

8.7

8.8

8.9

5

-

-

-

illustrates the extension 0.3 metres wider than the previously approved plans. There is no planning requirement to maintain space between buildings and boundaries for repair and maintenance purposes. The proposed single-storey extension is located within a private rear garden which is not accessible to the public, the use of the extension’s roof as a possible way of gaining access to neighbouring property is therefore not considered to be a material planning consideration. The impact of the development on views is not a material planning consideration. It is noted that a tree has been removed at the front of the property. This tree was located on the applicant’s land and was not protected. As such, its removal did not require consent. Health and safety issues are not material panning considerations. It is noted that when officers last visited the site, on the 28th May, a brick wall had recently been erected around the front garden of the property. This wall does not form part of the planning application and is subject to an ongoing investigation. This planning application relates to the extensions only.

8.10

In view of the above, it is recommended that planning permission be granted, subject to appropriate conditions.

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7

8

9

10

COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 27/07/2011

APPLICATION No. 11/1300/DCO ED: APP: TYPE: APPLICANT: LOCATION: CARDIFF PROPOSAL: MATTERS LISVANE Reserved Matters

The Carlyle Trust Ltd LAND ADJACENT TO LISVANE ROAD, LISVANE, APPLICATION FOR APPROVAL OF RESERVED

FOR PLANNING PERMISSION 06/01442/E (FOR THE DEVELOPMENT OF 40 DETACHED DWELLINGS) COMPRISING MEANS OF ACCESS, EXTERNAL APPEARANCE, LANDSCAPING, SITING AND DESIGN. ______________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 8.20 the Chief Strategic Planning and Environment Officer's report, the matters reserved in Condition 1A (siting, design, means of access, external appearance and landscaping) of outline planning permission 06/1442E dated 13th August 2008 be approved subject to the following conditions: 1. E1B Samples of Materials 2. The consent relates to the application as amended by the revised plans numbered 1592(04) SO1 Rev A, 1592(04), S02 Rev A, S03 Rev A, S04 Rev A, S05 Rev A, S06, 10143-10 Rev E, 10143-11 Rev E, 10143-12 Rev A, 10143-13_1 Rev C, 10143-13_2 Rev A, 10143-20_1 Rev E, 10143-20_2 Rev E, 10143-21 Ref F, 10143-22 Rev C, together with the amended planting proposals, specification and schedules dated January, 2012 from Mackay Davies Associates Limited (received on 21st February, 2012) attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no further windows shall be inserted in the side elevations or side facing roofs of the dwellings hereby approved. Reason: To ensure that the privacy of adjoining occupiers is protected.

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4. The following windows shall be of fixed pane construction to a height of 1.8 metres above ground floor level, glazed within obscure glass and thereafter shall be so maintained (unless otherwise agreed in writing by the local planning authority). (i) the first floor bathroom window in the side elevation of house type S2 (ii) the first floor en-suite window in the side elevation of house type S2a (iii) the first floor en-suite window in the side elevation of house type S2b Reason: To ensure that the privacy of adjoining occupiers is protected.

5. D3D Maintenance of Parking Within Site 6. No development shall take place until further details of the means of site enclosure have been submitted to and approved by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected. 7. The landscaping of the site shall be carried out in accordance with the approved details and with an implementation programme that shall be submitted to and approved by the local planning authority prior to the commencement of development. Any trees, plants, or hedgerows which, within a period of five years from the completion of the development, die or are removed, or become seriously damaged or diseased, shall be replace in the current planting season or the first two months of the next planting season whichever is the sooner, unless the local planning authority gives written consent to any variation. Reason: To maintain and improve the amenity of the area.

8. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 1st February, 2012 and the Design Study dated May, 2012. Reason: The information provided forms part of the application. 9. E7Z Imported Aggregates 10. Prior to the commencement of development, a bat lighting scheme shall be submitted to and approved by the local planning authority. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of safeguarding bats which are a protected species.

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11. Notwithstanding the submitted plans, prior to the commencement of development, the following details shall be submitted to and approved by the local planning authority: full engineering details of a scheme for the highway works along Lisvane road to include the proposed mini roundabout access arrangement and associated speed reducing measures shown on Dwg. No. 10143-10 Rev E. (ii) full engineering details of the proposed internal roads and footways within the site. The highway works shall be implemented in accordance with the approved details prior to the beneficial occupation of the dwellings hereby approved, unless otherwise agreed in writing by the local planning authority. Reason: In the interests of highway and pedestrian safety. 12. Prior to the commencement of development, a scheme of construction management shall be submitted to and approved by the local planning authority. This scheme shall include details of construction traffic routes, site hoardings, site access, parking of contractor’s vehicles and wheel washing facilities, and, shall address the issue of how safe access will be achieved in the event that both sites subject of outline planning permissions 06/1442E and 06/1443E are developed simultaneously. The development construction shall be managed in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity. 13. D4X Tree Protection - Complex Sites with On Site Monitoring RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, (i)

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aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 5: The Applicant is requested to advise any contractor involved in site clearance works that if roosting bats or dormice are discovered, the site works shall stop and that the Countryside Council for Wales shall be contacted immediately for advice on how to proceed. RECOMMENDATION 6: The applicant is requested to advise the contractor involved in site clearance works that if any reptiles such as grass snakes or slow worms are discovered, the animals should be removed to a safe place with appropriate habitat, as they are protected by law against intentional killing and injury under the Wildlife Countryside Act 1981 (as amended). RECOMMENDATION 2: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Approval of reserved matters are sought in respect of the residential development of a 2.2 ha parcel of land with a frontage of approximately

14

250 metres onto Lisvane Road, Lisvane. 1.2 The principle of developing the site for residential use is long established (refer to section 3 of this report) with a series of outline planning permissions having been granted since 1991. The most recent of these was issued in August, 2008 following the conclusion of a S106 Agreement to secure financial contributions of £43,000 and £42,820 respectively, towards the upgrading of public transport facilities and footpath improvements in the vicinity. The current application seeks approval of all reserved matters comprising access, external appearance, landscaping, siting and design, for the development of 40 no. detached dwellings which accords with the number of units permitted by the outline consent. Details of the proposed layout and appearance of the development are shown on the attached plans. The proposed dwellings comprise, primarily 5 bedroom detached houses rising to ridge heights of approximately 9.3 metres, with each house type having second floor accommodation within the roofspace, illuminated by a mix of rooflights and hipped roof dormer windows. The proposed palette of materials will generally comprise a mix of red and buff facing bricks, cream coloured render and a mix of red clay tiles and grey slates. Sections of tile hanging and reconstituted stone detailing are also proposed. Access to the site from Lisvane Road is proposed via a new mini roundabout. The roundabout is intended to serve the development of a further 24 no. detached dwellings on land located on the opposite (northern) side of Lisvane Road. That site also benefits from outline planning permission, most recently granted in October, 2008. A separate reserved matters application has been submitted in respect of the site and is reported on this schedule (ref 11/1301 DCO). The access and highway proposals for both sites, including a frontage footway and the widening of Lisvane Road to 6.7 metres, seek to address the resolution of Planning Committee in respect of outline planning application 06/1442E which requested that they be coordinated and designed to accommodate vehicular and pedestrian access to both sites in order to secure maximum benefit in terms of highway safety. Although not a statutory requirement in respect of a reserved matters application, the Agents have submitted a Design and Access Statement which, inter alia, provides information in respect of the sustainability of the proposed development and how it is intended to achieve at least Code 3 level of the Code for Sustainable Homes. The Agent also advises that a Secured by Design application will be submitted to the Architectural Liaison Officer. The submitted tree survey and report outlines proposed works to

1.3

1.4

1.5

1.6

1.7

1.8

15

trees/hedges around the perimeter of the site. The works will incorporate the removal of a section of the existing hedgerow along the Lisvane Road frontage and the provision of a new replacement length of hedge. The removal is necessitated by the need to satisfy the highway requirements of the outline planning permission for a 6.7m wide carriageway and provision of a footway along the length of the Lisvane Road frontage. 1.9 The Applicant has also submitted ecological surveys in relation to bats, reptiles and dormice. Whilst this information is not required to be submitted under planning legislation for a reserved matters application, the Agent recognises that the Council has a duty under the Natural Environment and Rural Communities (NERC) Act 2006 to ‘have regard. to the purpose of conserving biodiversity’ and has agreed to undertake this additional work and submit the results on the surveys such that the Council can fulfil its duties in this respect. It is intended that a financial contribution towards public open space facilities will be provided, amounting to a sum of £106,862 secured via a unilateral undertaking. The contribution has been calculated in accordance with the Council’s Open Space SPG and following discussions with the Operational Manager, Parks Services. DESCRIPTION OF SITE The application site comprises a field with a frontage of approximately 250m onto Lisvane Road. This boundary with Lisvane Road is enclosed by a hedgerow which is separated from the carriageway along its northern section by a grass verge. To the south east and south west site adjoins established hedgerows and mature woodland. The woodland is identified in the Council’s approved Nature Conservation Strategy as a Site of Nature Conservation Importance. The site, at its south western end, lies near a public footpath. On the opposite side of the road, the site faces two dwellings and a further parcel of land (owned by the applicant) where outline planning permission for the development of 24 no. dwellings has been granted. A separate application for approval of reserved matters has been submitted for that site and is also reported on this Schedule in respect of that land (ref. 11/130/DC0). To the north east, the site adjoins the boundary of a large dwelling known as ‘Shannon’ (refer to attached plan).

1.10

2. 2.1

2.2

2.3

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3. 3.1

SITE HISTORY The principle of developing the site for residential use is long established. The site was allocated for this purpose in the approved (non-statutory) Lisvane Policy Guidelines and included within Proposal 1 of the adopted Lisvane Local Plan. The site was subsequently identified in the adopted City of Cardiff Local Plan as land with planning permission for housing (40 units, subject to a Section 106 agreement). In October 1991, the former Cardiff City Council resolved to grant planning permission in respect of an outline planning application for the residential development of 40 dwellings at the site (91/789N), subject to the owners of the land entering into a Section 106 Agreement to ensure the provision of off-site foul and surface water drainage works. The Section 106 Agreement was not progressed and, consequently, the planning permission was not issued. In July, 1997 Planning Committee reaffirmed the resolution of the former Cardiff City Council to grant planning permission for the residential development of the site. Circular 35/95 on the use of planning conditions advised that where possible, local planning authorities should impose conditions rather than seek to deal with matters by means of a planning obligation. Consequently, the outline planning permission was issued with a condition attached to address the drainage requirements of the development. 00/1423 : Outline planning permission for 40 detached dwellings, renewed in September, 2000. 03/1930N : Outline planning permission for 40 detached dwellings renewed in October, 2003. 06/1442E : Outline planning permission for 40 detached dwellings was issued in August 2008 following the completion of a S106 Agreement. The following policies of the adopted City of Cardiff Local Plan are considered relevant: 11 17 19 22 31 Design and Aesthetic Quality Parking and Servicing Facilities Provision for Pedestrians Protection of Residential Land Residential Open Space Requirement

3.2

3.3

3.4

3.5

3.6

4.1

4.2

The following policies of the deposit Cardiff Unitary Development Plan (October 2003) are considered relevant: 2.20 Good Design

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2.24 2.26 2.45 2.47 2.57 2.74 4.3

Residential Amenity Provision of Open Space, Recreation and Leisure Trees Woodlands and Hedgerows Sites of Local Importance for Nature Conservation Access, Circulation and Parking Waste Management

SPG Guidance: (i) Access, Circulation and Parking Standards January 2010 (ii) Biodiversity Part 1 – June 2011 Biodiversity Part 2 – June 2011 (iii) Open Space – March 2008 (iv) Trees and Development – March 2007 (v) Cardiff Residential Design Guide March 2008

4.4

The site formed part of the major development area (Land between Pontprennau and Lisvane) as identified on the Proposals Map of the Deposit Cardiff Unitary Development Plan (October 2003). Relevant national policy guidance is contained in Planning Policy Wales (Edition 4, February 2011), TAN 12 Design and TAN 22 Planning for Sustainable Buildings. REPRESENTATIONS The Operational Manager Transport advises as follows: The proposed internal site layout and parking provision are satisfactory subject to conditions relating to the future retention of parking, and, to the submission for approval of full engineering details of the proposed roads and footways within the site.

4.5

5. 5.1

The previous outline consents (06/1442E and 06/1443E) both entailed improvement works to Lisvane Road, together with direct accesses to both sites at separate locations on Lisvane Road. An informative requested that future reserved matters applications should be considered in conjunction with the other, and co-ordinated accordingly in order to achieve the optimum outcome in terms of highway safety. The Applicant proposes an alternative mini roundabout arrangement on Lisvane Road which would serve to provide access to both sites. This was discussed at length with the Applicant’s Agent prior to the submission of the reserved matters applications and is considered acceptable, in principle, subject to additional measures to reduce vehicle speeds on both approaches on Lisvane Road. The Mini Roundabouts Good Practice Guidance (MRGPG) from the DfT advises that mini roundabouts should only be used on roads where

18

vehicle speeds are 30mph or less. A survey of existing vehicles speeds on this section of Lisvane Road has revealed average speeds in excess of this, and, so the proposed measures would be beneficial in terms of addressing an existing problem, in addition to facilitating the provision of safe access arrangements for the new development. A drawing showing a proposed scheme of speed reducing measures on Lisvane Road has been submitted with the application, and, whilst generally acceptable, (subject to detailed design) it will need to be supported by a Safety Audit as a requirement of the Section 278 Agreement. The following condition is recommended to address this issue: (i) Full engineering details for the proposed mini roundabout access and associated speed reducing measures shown on Dwg. No. 10143-10 Rev. E, shall be submitted to the LPA for approval, and implemented prior to the beneficial occupation of any of the approved dwellings. A further condition is required relating to the construction phase, addressing, in particular, how safe access to both sites will be achieved during the construction phase, mindful of a potential scenario in which both sites may be accessed by construction vehicles simultaneously. A second recommendation is also suggested, advising the applicant that the proposed highway works to Lisvane Road will need to be subject of an agreement under Section 278 of the Highways Act 1980. With respect to the issues raised by the Lisvane Community Council both sites already have outline planning consents which entail separate individual direct accesses onto Lisvane Road, together with the provision of footways along the frontages. Therefore, the degree to which the proposed alternative mini roundabout arrangement would impinge on the semi-rural nature of Lisvane Road, in comparison to the approved proposals is marginal, and on balance, mindful, of the high vehicle speeds that have been recorded on this section of Lisvane Road, it is considered that the proposed mini roundabout presents a better solution in terms of highway safety. Recent survey work carried out on Lisvane Road (in the vicinity of Crofta) revealed peak hour flows of 140 and 205 vehicles eastbound and west-bound respectively. The traffic generated by a combined total of 64 new dwellings would comfortably exceed 15% of this volume. The lack of deflection will be mitigated by the

19

required speed reducing measures on Lisvane Road on both approaches to the mini roundabout.
5.2 The Operational Manager Environment (Pollution Control) requested informatives R2 (Radon Gas Protection) and R4 (Contamination and Unstable Land Advisory Notice). N.B., Informatives R1 (Construction site Noise) R4 (Contamination and Unstable Land Advisory Notice) and R2 (Radon Gas Protection) were attached to the outline planning permission. The Operational Manager, Waste Management has provided guidance on the required waste/recycling storage for each dwelling and advises that waste should be presented at the nearest kerbside for collection. (A copy of the Officer’s comments has been forwarded to the Agent for his information). The Operational Manager Drainage Management has been liaising with the Applicant’s engineers with a view to progressing the detailed drainage strategy for the site. It is anticipated that once the details have been finalised, a scheme will be submitted for approval in discharge of the drainage condition attached to the outline planning permission. The Operational Manager, Parks Services advises that under current policy, the proposed development is subject to Policy 31 of the Local Plan (Provision of Open Space on New Residential Developments). He states that it has been agreed in pre-application discussions that no recreational/play space would be provided on-site and that the applicants will be required to make a phased financial contribution towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality. Utilising the residential information provided with the application, the Officer has calculated the contribution to be £106,862. EXTERNAL CONSULTEE RESPONSES Welsh Water/Dwr Cymru request a drainage condition to ensure no detriment to the environment, existing residents or the Company’s assets. Details of a water main along Lisvane Road have also been provided (The Agent has been advised of the Company’s comments). The South Wales Police (Architectural Liaison Officer) advises that there are no objections to the application, stating that they are in contact with the Agents, as there is an intention to achieve the Secure by Design Award. REPRESENTATIONS The Local Member has been notified of the application. representations have been received. No

5.3

5.4

5.5

6. 6.1

6.2

7. 7.1

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7.2

Neighbouring occupiers have been consulted on the application and the application has been advertised on site and in the press. Five letters of objection have been received. In summary, the following concerns are raised: (i) Highway safety/traffic issues. It is considered that there has been an increase in the volume of traffic using Lisvane Road since the original applications were considered and the number of houses should be lowered to reduce a traffic hazard. There is concern that the area would not be able to cope with an additional 64 houses. A resident considers that a mini-roundabout would be inappropriate in this location, changing the character of the road and because mini-roundabouts should only be used where there is a balanced flow of traffic from all directions, which the objector states would not be the case here. It is considered that widening the road would increase the speed of traffic along Lisvane Road with motorists potentially crossing the mini-roundabout at high speed creating a dangerous situation for traffic emerging from the new developments. A resident queries whether adequate pedestrian crossing points on Lisvane Road are to be provided and whether the footpath along the north side of the road is adequate; (ii) At the loss of a further area of green space which provides a break between sections of housing along Lisvane Road and a space for wildlife. Loss of visual amenity. (iii) Overdevelopment with a density which is out of character with the roads. (iv) The commercial need for the development is questioned.

7.3

Lisvane Community Council objects on the following grounds: (i) The proposed widening of Lisvane road does not take into consideration the views of the Inspector and Cardiff Council in respect of the Llanishen Reservoir development (the semi rural nature of the road). As stated in ‘Mini Roundabout Good Practice Guidance’ ‘…’consideration needs to be given to the visual impact on the rural environment’. The carriageway markings road signs and street lighting required for a mini roundabout will add to the adverse impact of the proposals on the environment (ii) Safety guidelines detailed in MRGPG state when a miniroundabout should not be introduced viz: “4-arm roundabouts should not be introduced where total entry flows are below 500 veh/hr, or minor road flows are less than 15% of the major road flows.” The traffic that will be generated by the proposed development will be less than 10% of the flows on Lisvane Road. This will create a potentially dangerous situation.

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(iii) Widening a long section of Lisvane Road will increase vehicle speeds. The mini roundabout has been proposed to slow the traffic. However, to be successful, a roundabout needs to deflect a vehicle as it approaches the junction, but as stated in MRGPG: “Adequate deflection may be difficult to achieve with more than three arms.” The proposed 4-arm mini-roundabout will have little or no deflection in Lisvane Road so vehicles will not be slowed. (iv) In respect of traffic/road safety, it is recommended that to ensure vehicle speeds remain low, Lisvane Road is not widened and that staggered junctions are constructed to provide access to the development designed to Manual for Streets standards. (v) It is noted that no affordable homes have been included on the site plans and that all houses are shown as 5 or 6 bedrooms. It is queried whether the Council’s the 40% affordable homes policy apply to this development (vi) Where trees have to be removed, either because of decay or development, additional planting of similar species should be required to enhance and maintain the Character of Lisvane Road. (vii) There is recorded evidence that the sewerage system in this area is deficient and that effluent from the over flowing system has been drawn to Welsh Water’s attention on a number of occasions over the last few years. This area is known for standing water following heavy rainfall. It is requested that detailed consideration be given to upgrading the sewerage and drainage system in the area to accommodate the additional dwellings. 8. 8.1 ANALYSIS The application seeks approval of reserved matters in respect of the development of 24 no. detached dwellings on the site. The principle of residential development for this number of dwellings has been established since 1994. The main issues in assessment of this reserved matters application are considered to relate to: (i) (ii) (iii) (iv) (v) 8.3 the acceptability of the proposed layout and design having regard to the character and appearance of the area; the likely effect of the proposal on the amenities of neighbouring and nearby residents and the living conditions of future occupiers; highway/transportation issues; landscape/ecology; open space provision.

8.2

The proposal has been subject of pre application discussions with the

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Applicant’s agent with a view to achieving an acceptable scheme in urban design terms. It is considered that the layout reflects the principles outlined in the Cardiff Residential Design Guide SPG in terms of its legibility and the incorporation of natural surveillance. 8.4 The historic built form in the locality comprises ribbon development along Lisvane Road and executive estate style development to the north and south. Development at Chartwell Drive and Balmoral Close to the west of the site and Heol y Delyn to the north is typical of the late 20th Century housing which is characteristic of the area. Houses are predominantly detached and there is considerable variety in house types and external finishes. The proposed layout of large detached houses is considered an appropriate response to this context and the existing pattern of development in the locality. The architectural style of the proposed dwellings are conventional, incorporating pitched or semi-hipped roofs, projecting gable elements and modest hipped roof dormers serving second floor accommodation within the roof spaces. Proposed materials comprising red roof tiles and grey slates, red and buff facing brickwork (including sections of tile hanging) and limited rendered sections on are considered appropriate for the site. Although the dwellings are taller than typical two storey houses, rising to just over 9 metres at ridge level, it is not considered that such units would be inappropriate for this location. Proposed second floor accommodation is contained within the roof spaces and the houses have typical two storey eaves heights of around 5.0 metres. Each dwelling type incorporates a 1½ storey element, located either to the side or front, adding interest to its overall appearance. The layout has been designed so that the development does not turn its back onto Lisvane Road with dwellings generally facing outwards whilst retaining a soft edge though the retention/reinstatement of hedges, reinforced with tree planting. Certain arboricultural works are proposed to the hedges/trees which enclose the site including some coppicing/reshaping. The removal of a length of hedgerow along Lisvane Road is necessary to provide access to the site and the frontage footway conditioned under the outline planning permission. The layout has also been amended following discussions with the Service’s Tree Officer to improve the relationship between a number of plots and adjacent trees (principally in the vicinity of plots 14-20). The proposed landscape scheme provides for replacement hedges and the planting of new nature species trees intended to soften views into the site and reinforce boundary hedges. Numerous replacement trees are proposed to be planted within front gardens to soften views within the site. On balance, the proposed tree works and mitigating

8.5

8.6

8.7

8.8

8.9

23

landscape scheme are considered to be acceptable. 8.10 The only dwelling which directly adjoins the application site is a large detached house known as ‘Shannon’ which has a curtilage running the length of the north eastern site boundary. Whilst it is inevitable that the proposed development will have some impact on the amenity of this property by virtue of its presence, the orientation and siting of the proposed units are such that they will not unduly dominate the neighbour. With regard on highway safety/traffic considerations, the site already benefits from outline planning permission for 40 no. dwellings and the land to the north of Lisvane Road similarly benefits from an extant planning permission for the development of 24 dwellings. A condition attached to the outline planning permission for development on the south side of Lisvane Road requires various highway works, including the widening of Lisvane Road to 6.7 metres wide along the site frontage, and a 1.8 metre wide footway. An informative attached to the planning permission advises the applicant to ensure that future access to the site is co-ordinated and designed to accommodate vehicular and pedestrian access to the proposed residential development on the north side of Lisvane Road. Whilst the Community Council’s comments relating to the proposed Llanishen Reservoir development are noted, it is clear that the two sites subject of the current reserved matters applications are quite different in terms of their planning histories and status. The applicant’s proposal is that the access arrangements for both sites are coordinated and secured by way of a mini roundabout with footpaths running along both sides of the carriageway, rather than by providing two staggered junctions. It is not considered that the environmental implications of the proposal would be any more significant in terms of its effect on the removal of hedges to accommodate vision splays and footways, than if the development were to be accessed via two separate junctions. Both reserved matters applications propose replacement hedgerow and tree planting along Lisvane Road to maintain a soft edge to the development. With regard to the issue of highway safety and the appropriateness of a mini-roundabout, the Operational Manager, Transportation has raised no objection advising with respect to the issues raised by the Lisvane Community Council that both sites already have outline planning consents which entail separate individual direct accesses onto Lisvane Road, together with the provision of footways along the frontages on both sites. He states that the degree to which the proposed alternative mini roundabout arrangement would impinge on the semi-rural nature of Lisvane Road in comparison to the approved proposals is marginal. On balance, and mindful in particular of the high vehicle speeds that have been recorded on this

8.14

8.15

8.16

8.17

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section of Lisvane Road, he considers that the proposed mini roundabout presents a better solution in terms of highway safety. He states that recent survey work carried out on Lisvane Road (in the vicinity of Crofta) revealed peak hour flows of 140 and 205 vehicles east-bound and west-bound respectively and that the traffic generated by a combined total of 64 new dwellings would comfortably exceed 15% of this volume. He advises that the lack of deflection will be mitigated by the required speed reducing measures on Lisvane Road on both approaches to the mini roundabout.
8.18 The outline planning permission is conditioned to require the submission and approval of a drainage scheme prior to the commencement of development. The Applicant’s consultant engineers have been liaising with the Operational Manager, Drainage Management with a view to progressing the detailed drainage strategy for the site. It is anticipated that once the details have been finalised, a scheme will be submitted for the approval of Council and Welsh Water/Dwr Cymru in discharge of the drainage condition attached to the outline planning permission. In respect of the Community Council’s query about affordable housing, there is no requirement in the outline planning permissions for either of the Lisvane Road sites to provide an affordable/social housing contribution. It is intended that a financial contribution of £106,862 towards public open space facilities will be provided, secured via a unilateral agreement. The contribution has been calculated in accordance with the methodology contained in the open space SPG and following discussions with the Operational Manager, Parks Services. Whilst not required to be submitted under planning legislation for a reserved matters application, the applicant has submitted surveys in relation to bats, reptiles and dormice. It is evident that some grass snakes were found on the northern site. However, the submitted ecological report concludes that the potential loss of grass snake habitat would be of significance to the site and the immediate locality only and not the wider population. The Council’s Ecologist has recommended, within the context of this reserved matters application, that any contractor involved in site clearance works be advised that of any roosting bats or dormice are discovered, the works should stop and that the Countryside Council for Wales be consulted for advice on how to proceed. The Officer advises that any grass snakes or slow worms are discovered, they should be removed to a safe place with appropriate habitat. With respect to bats, the applicant has indicated that he would accept the Council’s ecologists request for a bat lighting scheme (Condition 10). In conclusion, it is considered that the detailed proposals for the

8.19

8.20

8.21

8.22

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development of the site are satisfactory and that the matters reserved in condition1 of the outline planning permission be approved, subject to the additional conditions. 8.23 At planning committee on 7th March 2012, Members deferred a decision on the application to enable officers to draft a reason for refusal based on concerns relating to the design and appearance of the proposed dwellings having regard to the perceived character of the existing built environment of locality. As instructed, the following reason is offered: The proposed development, by virtue of the finished appearance of the proposed dwellings, is not considered to respond appropriately to the local context and character of the existing buildings in the vicinity of the site. As such, it is considered that the proposal will conflict with Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan, Policy 2.20 (Good Design) of the Deposit Cardiff Unitary Development Plan (October 2003) and the Council’s Supplementary Planning Guidance: Infill Design Guide (April, 2011) 8.25 Before debating this reason, Members of Committee are respectfully reminded that the current application seeks the approval of reserved matter for the development of 40 no. detached houses which precisely accords with the number and type of dwellings permitted by the outline planning permission. Members have expressed concern that the finished appearance of the proposed dwellings would be inappropriate for the site having regard to the traditional character of a number of buildings in ‘Lisvane Village’. As indicated in paragraph 8.4, the historic built form in the vicinity of the site comprises ribbon development along Lisvane Road and executive estate style development of detached houses. Developments at Chartwell Drive, Balmoral Close and Heol Y Delyn are typical of the late 20th Century housing characteristic of the area. However, there are some dwellings and other buildings of a more traditional design and character centred on the historic core of the ‘village’. The Listed ‘Ty Gwyn’ and its Lodge also lies in close proximity to the site. Whilst house types are predominantly detached, there is considerable variation in both the design and external finish of the houses in the vicinity with a mix of rendered and brick elevations and some stone in evidence, together with a variety of roof forms and material. The Design and Access Statement submitted with the application provided a contextual analysis of the locality incorporating photographs

8.24

8.26

8.27

8.28

8.29

26

of typical (varied) housing in the vicinity. 8.30 However, in response to the concerns of Members, the Agent has undertaken an additional design study of the existing buildings and revised the external appearance of several prominently located dwellings on both application sites to reflect more closely the detailed form and finished appearance of existing development in the vicinity. (Examples of the amended dwellings are provided on the attached drawings). Arguably, the main design consideration in the assessment of the application is the likely visual impact of the development in views along Lisvane Road, which currently displays a semi rural character. In this regard, the proposed layout on the south side (reserved matters application 11/1300/DCO) has been designed so that the development does not turn its back on the road with dwellings generally facing outwards, whilst also retaining a soft edge through the retention/reinstatement of hedges, reinforced with tree planting. On the northern side of Lisvane Road, three detached houses are proposed between Hunters Lodge and the driveway entrance to Ty Gwyn and Pen Y Maes. The dwellings are shown to be set a generous distance from the back edge of the highway and screened with new hedge/tree planting. The infill plot between 5 Portland Place and Sunfold has been specifically designed to reflect the scale and siting of its neighbours. Having regard to this site context, it is considered that the proposed scheme (as amended) provides an acceptable low density solution to the residential development of the land given the nature of the outline planning permissions upon which the current applications are predicated. Members are respectfully advised that the Council should have clear evidence to demonstrate why the proposed application is unacceptable on design grounds, if such a reason is to be capable of being defended at appeal. The scheme, as amended following Members concerns, responds appropriately to the local context and character of existing buildings in terms of the appearance, form, scale and density of the proposed dwellings, and, in this instance, it is considered that there is insufficient justification to warrant refusal on design grounds. If Members remain concerned, it is strongly recommended prior to determination of the application, that a Committee site visit be undertaken to view the site and its locality.

8.31

8.32

8.33

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28

29

30

31

32

33

34

35

36

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COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 26/07/2011

APPLICATION No. 11/1301/DCO ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: LISVANE Reserved Matters

The Carlyle Trust Ltd LAND TO NORTH OF LISVANE ROAD, LISVANE, CARDIFF APPLICATION FOR APPROVAL OF RESERVED MATTERS FOR PLANNING PERMISSION 06/1443E (AS VARIED BY PLANNING PERMISSION 08/1929E) FOR THE DEVELOPMENT OF 24 DETACHED DWELLINGS, COMPRISING EXTERNAL APPEARANCE, LANDSCAPING, SITING AND DESIGN. ______________________________________________________________ That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 8.20 the Chief Strategic Planning and Environment Officer's report, the matters reserved in Condition 1A (external appearance, siting, design and landscaping) of outline planning permission 06/1443E dated 14th September, 2006, (as varied by planning permission 08/1929E dated 1st October, 2008), be APPROVED subject to the following conditions: 1. E1B Samples of Materials 2. The consent relates to the application as amended by the revised plans numbered 1592 (04) 01 Rev A, House Type Drawings – 1592 (04)N 02 Rev B, NO3 Rev B, N04 Rev B, N05 Rev A, NO6 Rev A, N07 Rev B, N08 Rev A, Amended Engineering Drawings prepared by Bay Associates (Schematic of Drainage Strategy, 10143-10 Rev E, 1014311 Rev E, 10143-12 Rev A, 10143-13_1 Rev C, 10143-13_2 Rev A, 10143-20_1 Rev E, 10143-20_2 Rev E, 10143-21 Rev F and 10143-22 Rev C and amended Planting Proposals, Specification and Schedules – January 2012 prepared by Mackley Davies Limited (received on 21st February, 2012), attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 3. The following windows shall of fixed panel construction up to a height of 1.8 metres above internal floor level, glazed with obscure glass and thereafter be so maintained (unless otherwise agreed in writing by the local planning authority): (i) the first floor en-suite window in the side elevation of house type N2a;

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(ii) (iii) (iv)

the first floor and second floor windows in the side elevations of house type N1; the first floor en-suite window in the side elevation of house type N2b; in respect of house type N6 (plot 24), the first floor bathroom windows on the side elevation, facing 5 Portland Place and all windows above ground floor level on the side elevation facing ‘Sunfold’.

The rooflights serving the master bedroom and master bedroom ensuite at plots 2,7, 14, 16 (north facing roof plane only), 21 and 23, shall be constructed so that their lower cill levels are a minimum of 1.8 metres above internal floor level and thereafter be so maintained (unless otherwise agreed in writing by the local planning authority). Reason: To ensure that the privacy of adjoining occupiers is protected. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no further windows shall be inserted in the side elevations or side facing roofs of the dwellings hereby approved. Reason: To ensure that the privacy of adjoining occupiers is protected. 5. D3D Maintenance of Parking Within Site 6. No development shall take place until further details of the means of site enclosure have been submitted to and approved by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected. 7. The landscaping of the site shall be carried out in accordance with the approved details and with an implementation programme that shall be submitted to and approved by the local planning authority prior to the commencement of development. Any trees, plants, or hedgerows which, within a period of five years from the completion of the development, die or are removed, or become seriously damaged or diseased, shall be replace in the current planting season or the first two months of the next planting season whichever is the sooner, unless the local planning authority gives written consent to any variation. Reason: To maintain and improve the amenity of the area. 8. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 1st February, 2012 and the Design Study dated, May 2012. Reason: The information provided forms part of the application. 9. E7Z Imported Aggregates

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10. Prior to the commencement of development, a bat lighting scheme shall be submitted to and approved by the local planning authority. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of safeguarding bats which are a protected species 11. Notwithstanding the submitted plans, prior to the commencement of development the following details shall be submitted to and approved by the local planning authority: (i) full engineering details of a scheme for the highway works along Lisvane road to include the proposed mini roundabout access arrangement and associated speed reducing measures shown on Dwg. No. 10143-10 Rev E, together with a 1.8 metre wide footway along the frontage of plot 24. full engineering details of the proposed internal roads and footways within the site.

(ii)

The highway works shall be implemented in accordance with the approved details prior to the beneficial occupation of the dwellings hereby approved, unless otherwise agreed in writing by the local planning authority. Reason: In the interests of highway and pedestrian safety.

12. Prior to the commencement of development a scheme of construction management shall be submitted to and approved by the local planning authority. This scheme shall include details of construction traffic routes, site hoardings, site access, parking of contractor’s vehicles and wheel washing facilities, and, shall address the issue of how safe access will be achieved in the event that both sites subject of outline planning permissions 06/1442E and 06/1443E are developed simultaneously. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity 13. D4X Tree Protection - Complex Sites with On Site Monitoring 14. Notwithstanding the submitted details, no development shall take place until plans showing details of the proposed floor levels of any building in relation to the existing ground level and the finished levels of the site shall be submitted to and approved in writing by the local planning authority. The development shall be constructed and completed in accordance with the approved details. Reason: These details are not included with the application and are required to ensure an orderly form of development. RECOMMENDATION 2: The applicant is advised that the proposed highway works to Lisvane Road will need to be subject to an agreement under Section 278 of the Highways Act 1980.

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RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division RECOMMENDATION 5: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

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RECOMMENDATION 6: The Applicant is requested to advise the contractor involved in site clearance works that if roosting bats or dormice are discovered, the site works shall stop and that the Countryside Council for Wales contacted immediately for advice on how to proceed. RECOMMENDATION 7: The applicant is requested to advise the contractor involved in site clearance works that if any reptiles such as grass snakes or slow worms are discovered, the animals should be removed to a safe place with appropriate habitat, as they are protected by law against intentional killing and injury under the Wildlife Countryside Act 1981 (as amended). RECOMMENDATION 8: No construction materials, waste or plant shall be stored or be allowed to fall, washed or blown into the Coedgae-Pengam Site of Importance for Nature Conservation which adjoins the application site to the north west. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT This application seeks approval of reserved matters in respect of the residential development of approximately 2.0 hectares of land adjacent to Lisvane Road, Balmoral Close and Portland Place. The principle of developing the site for residential use was established in 1994 with the granting of outline planning permission for 24 no. detached dwellings. The outline consent has been renewed on several occasions with the most recent application granted on 1st October, 2008. The current application seeks approval of reserved matters comprising siting, design, external appearance and landscaping for the development of 24 detached dwellings, which accords with the number of units permitted by the outline planning permission. Access to the site from Lisvane Road is proposed via a new mini roundabout, in a location which corresponds to the position of the access approved under the outline planning permission. The roundabout is also intended to serve a further 40 detached dwellings on land on the opposite (southern) side of Lisvane Road. That site also benefits from outline planning permission and is the subject of a separate reserved matters reported elsewhere on this schedule (ref. 11/1300DCO). The access and highway proposals, including a frontage footway for both sites and the widening of Lisvane Road to 6.7 metres, seek to address the resolution of Planning Committee in respect of outline planning application 06/1442E, which requested that they be co-ordinated and designed to secure maximum benefit in terms of highway safety. Details of the proposed layout and appearance of the 24 dwellings are shown on the attached plans. In accordance with the outline planning permission, a

1.2

1.3

1.4

1.5

1.6

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single dwelling is shown to be sited on an infill plot between ‘Sunfold’ and 5 Portland Place, with direct vehicular access onto Lisvane Road. The plot was initially proposed to have a detached garage (with office above) sited some 6.0 metres from Lisvane Road, in line with the garage at neighbouring ‘Sunfold’. However, following discussions with the Agents, this aspect of the scheme has been deleted and the proposed dwelling now incorporates a basement level garage. 1.7 The proposed dwellings comprise large five and six bedroom detached houses rising to ridge heights of between 9.0 metres and 10.0 metres with each house type having second floor accommodation within the roof spaces generally served by hipped roof dormer windows. The proposed palette of materials comprises a mix of red and buff facing bricks, limited areas of cream render, tile hanging and a mix of red clay tiles and grey slates. Reconstituted stone cills heads, quoins and red brick soldier courses provide further detail to the elevations. Although not a statutory requirement in respect of a reserved matters application, the Agents have submitted a Design and Access Statement which, inter alia, provides information in respect of the sustainability of the proposed development and how it is intended to achieve at least Code 3 Level of the Code for Sustainable Homes. The Agents also advise that a secured by Design application will be submitted to the Police Architectural Liaison Officer. A Tree Survey and Report outlines proposed works to trees/hedges within and around the perimeter of the site. The proposed works include the removal of certain unprotected trees/hedges within the site, including a row of conifer trees fronting the Lisvane Road boundary. The removal of the trees in this area is necessary to provide appropriate visibility at the site entrance and generally reflects the information submitted at the outline application stage. The landscape proposals for the site provide for a new replacement hedge along this part of the Lisvane Road frontage. The Applicant has also submitted ecological surveys in relation to bats, reptiles and dormice. Whilst this information is not required to be submitted under planning legislation for a reserved matters application, the Applicant recognises that the Council has a duty under the Natural Environment and Rural Communities (NERC) Act 2006 to have regard to the purpose of conserving biodiversity and, has agreed to undertake this additional work and submit the results of the surveys such that Council can fulfil its duties in this report. It is intended that a financial contribution in lieu of on site public open space will be provided, amounting to £64,117. This contribution has been calculated in accordance with the Council’s Open Space SPG and following discussions with the Operational Manager, Parks Services. The sum will be secured via a legal agreement (unilateral undertaking).

1.8

1.9

1.10

1.11

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2. 2.1

DESCRIPTION OF SITE The application site comprises land to the south west of the Ty Gwyn, Lisvane Road, extending westwards to the boundary with Balmoral Close and Portland Place. The site has a frontage onto Lisvane Road, to the north east of Hunters Lodge, and also includes a narrow strip of land between Sunfold and 5 Portland Place. The northern site boundary adjoins driveway and retained garden of a large detached dwelling known as Pen Y Maes. There are trees/hedges on and around the perimeter of the site, including a group of protected trees along the Balmoral Close boundary and Coetgae – Pengam woodland adjacent to the north western corner, which is designated as a Site of importance for Nature Conservation. SITE HISTORY 94/469N : Outline consent granted for 24 houses on 25th May 1994. 97/914N : Renewal of outline consent 94/469N, approved July 1997. 00/1181N : 2000. 03/1929N : 2003. 06/1443E : September Renewal of outline consent 97/914N, approved August

2.2

3. 3.1

Renewal of outline consent 00/1181N, approved October

Renewal 2006.

of

outline

consent

03/1929,

approved

08/1929E : Variation of condition 1C of planning permission 06/1443E to extend the time period for submitted reserved matters, approved October 2008. 4. 4.1 POLICY FRAMEWORK The following policies of the adopted City of Cardiff Local Plan are considered relevant: 11 17 19 22 31 4.2 Design and Aesthetic Quality Parking and Servicing Facilities Provision for Pedestrians Protection of Residential Land Residential Open Space Requirement

The following policies of the deposit Cardiff Unitary Development Plan (October 2003) are considered relevant: 2.20 2.24 2.26 Good Design Residential Amenity Provision of Open Space, Recreation and Leisure

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2.45 2.47 2.57 2.74 4.3

Trees Woodlands and Hedgerows Sites of Local Importance for Nature Conservation Access, Circulation and Parking Waste Management

SPG Guidance: (i) Access, Circulation and Parking Standards January 2010 (ii) Biodiversity Part 1 – June 2011 Biodiversity Part 2 – June 2011 (iii) Open Space – March 2008 (iv) Trees and Development – March 2007 (v) Cardiff Residential Design Guide, March 2008

4.4

Relevant national policy guidance is contained in Planning Policy Wales (Edition 4, February 2011), TAN 12 Design and TAN 22 Planning for Sustainable Buildings. REPRESENTATIONS The Operational Manager Transport advises as follows: The proposed internal site layout and parking provision are satisfactory, subject to conditions relating to future retention of parking and to the submission for approval of full engineering details of the proposed roads and footways within the site. The previous outline consents (06/1442E & 06/1443E) both entailed improvement works to Lisvane Road, together with direct accesses to both sites at separate staggered locations on Lisvane Road. An informative requested that future reserved matters applications for each site should each be considered in conjunction with the other, and co-ordinated accordingly, in order to achieve the optimum outcome in terms of highway safety. The Applicant proposes an alternative mini roundabout arrangement on Lisvane Road which would serve to provide access to both sites. This was discussed at length with the Applicant’s Agent prior to the submission of the reserved matters applications and is considered acceptable in principle, subject to additional measures to reduce vehicle speeds on both approaches on Lisvane Road. The Mini Roundabouts Good Practice Guidance (MRGPG) from the DfT advises that mini roundabouts should only be used on roads where vehicle speeds are 30mph or less. A survey of existing vehicles speeds on this section of Lisvane Road has revealed average speeds in excess of this, and so the proposed measures would be beneficial in terms of addressing an existing problem in addition to facilitating the provision of safe access arrangements for the new development. A drawing showing a proposed scheme of speed reducing measures on Lisvane Road has been submitted with the application and, whilst generally acceptable (subject to detailed design),it will need to be supported by a

5. 5.1

45

Safety Audit as a requirement of the Section 278 Agreement. The following condition is recommended to address this issue. (i) Full engineering details for the proposed mini roundabout access and associated speed reducing measures shown on Dwg. No. 10143-10 Rev. E, shall be submitted to the LPA for approval, and implemented prior to the beneficial occupation of any of the approved dwellings. Plot no. 24 fronts directly onto Lisvane Road. A further condition requiring an adoptable standard 1.8 metre wide footway along the full frontage of the plot is requested. This will serve to improve the unsatisfactory existing pedestrian links in this vicinity, and to ensure that adequate visibility will be available for vehicles emerging from the dwelling onto Lisvane Road. A further condition is required relating to the construction phase, addressing, in particular, how safe access to both sites will be achieved during the construction phase, mindful of a potential scenario in which both sites may be accessed by construction vehicles simultaneously. A second recommendation is also suggested, advising the applicant that the proposed highway works to Lisvane Road will need to be subject of an agreement under Section 278 of the Highways Act 1980. With respect to the issues raised by the Lisvane Community Council both development sites already have outline planning consents which entail separate individual direct accesses onto Lisvane Road, together with the provision of footways along the frontages on both sites. Therefore, the degree to which the proposed alternative mini roundabout arrangement would impinge on the semi-rural nature of Lisvane Road in comparison to the approved proposals is marginal, and on balance, mindful in particular of the high vehicle speeds that have been recorded on this section of Lisvane Road, it is considered that the proposed mini roundabout presents a better solution in terms of highway safety. Recent survey work carried out on Lisvane Road (in the vicinity of Crofta) revealed peak hour flows of 140 and 205 vehicles east-bound and westbound respectively. The traffic generated by a combined total of 65 new dwellings would comfortably exceed 15% of this volume. The lack of deflection will be mitigated by the required speed reducing measures on Lisvane Road on both approached to the mini roundabout. The requested frontage footway to plot no. 24 will provide splay which will be good as, or better than, the existing vicinity which front onto Lisvane Road. The proposed measures will also be of benefit to plot 24, and to existing respect. 5.2 it with a visibility properties in the speed reducing properties in this

The Operational Manager Environment (Pollution Control) requests informatives R1 (Construction Site Noise), R2 (Radon Gas Protection) and R4 (Contamination and Unstable Land Advisory Notice).

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5.3

The Operational Manager, Waste Management has provided guidance on the waste/recycling storage required for each dwelling and advised that waste must be presented at the nearest kerbside for collection. The Operational Manager, Drainage Management, has been liaising with the Applicant’s engineers with a view to progressing the detailed drainage strategy for the site. It is anticipated that once the details have been finalised, a scheme will be submitted for approval in discharge of the drainage condition attached to the outline planning permission. The Operational Manager, Parks Services advises that under current policy, the proposed development is subject to Policy 31 of the Local Plan (Provision of Open Space on New Residential Developments). He states that it has been agreed in pre-application discussions that no recreation/play space will be provided on-site and that the applicants will be required to make a phased financial contribution towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality. Utilising the residential information provided with the application, the Officer has calculated the contribution to be £64,117. EXTERNAL CONSULTEE RESPONSES Welsh Water/Dwr Cymru request a drainage condition to ensure no detriment to the environment, existing residents or the Company’s assets. Details of a water main along Lisvane Road have also been provided. (Note, a drainage condition was attached to the outline planning permission). The South Wales Police (Architectural Liaison Officer) advises that there are no objections to the application, stating that they are in contact with the Agents as there is an intention to achieve the Secure by Design Award for the development REPRESENTATIONS The Local Member has been notified of the application. representations have been received. Five letters of objection have been received. following concerns are raised: No

5.4

5.5

6. 6.1

6.2

7. 7.1

7.2

In summary, the

(i) Highway safety/traffic issues. It is considered that there has been an increase in the volume of traffic using Lisvane Road since the original applications were considered and the number of houses should be lowered to reduce a traffic hazard. There is concern that the area would not be able to cope with an additional 64 houses. A resident considers that a mini-roundabout would be inappropriate in this location, changing the character of the road

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and because mini-roundabouts should only be used where there is a balanced flow of traffic from all directions, which the objector states would not be the case here. It is considered that widening the road would increase the speed of traffic along Lisvane Road with motorists potentially crossing the mini-roundabout at high speed creating a dangerous situation for traffic emerging from the new developments. A resident queries whether adequate pedestrian crossing points on Lisvane Road are to be provided and whether the footpath along the north side of the road is adequate. (ii) An objector expresses concern at the loss of a further area of green space within the City. (iii) The occupier of Sunfold questions whether the dwellings would be in character with the area given their three storey scale and proposed materials. There is concern that the proposed dwelling to the rear of Sunfold would be sited very close and that given its scale and elevated position would destroy the privacy of the occupiers’ garden and home. The occupier considers that access for the proposed dwelling between Sunfold and 5 Portland Place onto Lisvane Road would be dangerous. The occupier notes that the proposals for that plot would necessitate cutting back trees within Sunfold which overhangs the boundary. Whilst the occupier accepts that the owner is entitled to cut back to the boundary, he would seek recompense from the developer and Council should the trees suffer or die as a result. 7.3 Lisvane Community Council objects on the following grounds: (i) The proposed widening of Lisvane road does not take into consideration the views of the Inspector and Cardiff Council in respect of the Llanishen Reservoir development (the semi rural nature of the road). As stated in ‘Mini Roundabout Good Practice Guidance’, consideration needs to be given to the visual impact on the rural environment. The carriageway markings road signs and street lighting required for a mini roundabout will add to the adverse impact of the proposals on the environment. (ii) Safety guidelines detailed in MRGPG state when a miniroundabout should not be introduced viz: “4-arm roundabouts should not be introduced where total entry flows are below 500 veh/hr, or minor road flows are less than 15% of the major road flows.” The traffic that will be generated by the proposed development will be less than 10% of the flows on Lisvane Road. This will create a potentially dangerous situation. (iii) Widening a long section of Lisvane Road will increase vehicle speeds. The mini roundabout has been proposed to slow the traffic. However, to be successful, a roundabout needs to deflect a

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vehicle as it approaches the junction, but as stated in MRGPG: “Adequate deflection may be difficult to achieve with more than three arms.” The proposed 4-arm mini-roundabout will have little or no deflection in Lisvane Road so vehicles will not be slowed.” (iv) Plot 24 on the northern development, adjacent to No.5 Portland Place, will have a below standard visibility splay and this will be exacerbated by the proposed widening of Lisvane Road which will lead to increased vehicle speeds. (v) In respect of traffic/road safety, it is recommended that to ensure vehicle speeds remain low, Lisvane Road is not widened and that staggered junctions are constructed to provide access to the development designed to Manual for Streets standards. (vi) It is noted that no affordable homes have been included on the site plans and that all houses are shown as 5 or 6 bedrooms. It is queried whether the Council’s the 40% affordable homes policy apply to this development. (vii) Where trees have to be removed, either because of decay or development, additional planting of similar species should be required to enhance and maintain the Character of Lisvane Road. (viii)There is recorded evidence that the sewerage system in this area is deficient and that effluent from the over flowing system has been drawn to Welsh Water’s attention on a number of occasions over the last few years. This area is known for standing water following heavy rainfall. It is requested that detailed consideration be given to upgrading the sewerage and drainage system in the area to accommodate the additional dwellings.’

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8. 8.1

ANALYSIS The application seeks approval of reserved matters in respect of the development of 24 no. detached dwellings on the site. The principle of residential development for this number of dwellings has been established since 1994. The main issues in assessment of this reserved matters application are considered to relate to: (i) (ii) (iii) (iv) (v) the acceptability of the proposed layout and design having regard to the character and appearance of the area; the likely effect of the proposal on the amenities of neighbouring and nearby residents and the living conditions of future occupiers; highway/transportation issues; landscape / ecology; open space provision.

8.2

8.3

The proposal has been subject of pre application discussions with the Applicant’s agent with a view to achieving an acceptable scheme in urban design terms. It is considered that the layout reflects the principles outlined in the Cardiff Residential Design Guide SPG in terms of its legibility and the incorporation of natural surveillance. The historic built form in the locality comprises ribbon development along Lisvane Road and executive estate style development to the north and south. Development at Chartwell Drive and Balmoral Close to the west of the site and Heol y Delyn to the north is typical of the late 20th Century housing which is characteristic of the area. Houses are predominantly detached and there is considerable variety in house types and external finishes. The proposed layout of large executive type houses is considered an appropriate response to this context and the existing pattern of development in the locality. The architectural style of the proposed dwellings are conventional, incorporating pitched or semi-hipped roofs, projecting gable elements and modest hipped roof dormers serving second floor accommodation within the roof spaces. Proposed materials comprising a mix of red clay tiles and grey slates, red and buff facing brickwork with limited areas of render on some elevations, are considered appropriate for the site. Although the dwellings are taller than typical two storey houses rising to between 9 metres and 10 metres at ridge level, giving them a 2½ storey scale, it is not considered that such units would be inappropriate for this location. Proposed second floor accommodation is contained within the roof spaces and the houses have typical two storey eaves heights of around 5.0 metres. The overall massing of the dwellings have been reduced by incorporating half hipped main roofs and a

8.4

8.5

8.6

50

hipped roof with lowered eaves over the garage/master bedroom element, which is a feature on most of the units. 8.7 The dwelling proposed on the infill plot (24), between 5 Portland Place and Sunfold, has been positioned to minimise its effect on the amenities of the adjoining occupiers and reflects the forward building line of Sunfold. An initial proposal for a detached garage sited well in front of the dwelling, approximately 6.0 metres from the plot boundary with Lisvane Road has been deleted from the scheme. The proposed dwelling now includes a basement with a double garage set below the main ground floor level and sited immediately in front of the house with a terrace above. The proposals will necessitate the removal of certain unprotected trees/hedges within the site, including trees fronting the site along the Lisvane Road boundary. Their removal is required to form the proposed access and provide necessary vision splays for vehicles exiting the site. The removal of the large conifer hedge in this area reflects the proposals considered at the outline planning stage. The proposed landscape scheme provides for replacement hedges and the planting of new native species trees intended to soften views into the site and reinforce boundary hedges. The existing chain link fence currently enclosing the site boundary along Portland Place will be replaced with a new native hedge. The trees abutting the site to the north west and at the end of Portland Place are protected by Preservation Orders and are to be retained. The layout has been amended following discussions with the Service’s Tree Officer to improve the relationship between a number of plots and the adjacent trees. Numerous replacement trees are proposed to be planted within front gardens to soften views within the site. On balance, the proposed tree works and mitigating landscape scheme are considered to be acceptable. Whilst it is inevitable that the development of the site will impact on the existing amenities of neighbouring occupiers, it is considered that the proposed layout satisfies the Council’s guidelines for residential schemes. Privacy distances, for example, generally exceed the minimum requirements for dwellings directly facing each other and the distances between properties together with the introduction of landscaping within rear/side gardens should ensure that the proposed dwellings do not unduly dominate their neighbours.

8.8

8.9

8.10

8.11

As, indicated in paragraph 8.7, the siting of the infill plot (24) between Sunfold and 5 Portland Place has been positioned to ensure an acceptable relationship with its neighbours. A condition is attached to ensure that the upper floor windows in the side elevation of the dwelling will be obscurely glazed. The Agent has also amended the layout plan to illustrate the provision of additional planting in the rear garden of plot 6 backing onto Sunfold and along the side boundary of plot 2 adjacent to Hunters Lodge, in

51

the interests of visual amenity. 8.12 The development of the infill plot (24) will necessitate the cutting back of several large evergreen trees which overhang the site from the adjacent property at Sunfold. The trees are not protected by preservation order and are not considered of importance in terms of their visual amenity value within the street scene. Clearly, the applicant as landowner has a common law right to cut back to the boundary. It is considered that any damage that may be caused to the trees as a result of the development would be a matter between the applicant/developer and the adjoining occupier. With regard on highway safety/traffic considerations, the site already benefits from outline planning permission for 24 no. dwellings and the land to the south of Lisvane Road similarly benefits from an extant planning permission for the development of 40 dwellings. The outline planning permission for the ‘north’ site is conditioned to require the provision of a 1.8 metre wide footway along the Lisvane Road frontage. The consent also gives approval to the points of access (including access to the infill plot between Sunfold and 5 Portland Place). A condition attached to the outline planning permission for development on the south side of Lisvane Road requires various highway works, including the widening of Lisvane Road to 6.7 metres wide along the site frontage, a 1.8 metre wide footway and a pedestrian crossing facility. An informative attached to that planning permission advises the applicant to ensure that future access to the site is co-ordinated and designed to accommodate vehicular and pedestrian access to the proposed residential development on the north side of Lisvane Road. Whilst the Community Council’s comments relating to the proposed Llanishen Reservoir development are noted, it is clear that the two sites subject of the current reserved matters applications are quite different in terms of their planning histories and status. The applicant’s proposal is that the access arrangements for both sites are co-ordinate and secured by way of a mini roundabout with footpaths running along both sides of the carriageway, rather than by providing two staggered junctions. It is not considered that the environmental implications of the proposal would be any more significant in terms of its effect on the removal of hedges to accommodate vision splays, than if the development sites were to be accessed via two separate junctions. Both reserved matters applications propose replacement hedgerow and tree planting along Lisvane Road to maintain a soft edge to the development. With regard to the issue of highway safety and the appropriateness of a miniroundabout, the Operational Manager, Transportation has raised no objection advising in respect to the issues raised by the Lisvane Community Council that both sites already have outline planning consents which entail separate accesses onto Lisvane Road, together with the provision of footways along the frontages on both sites. He states that the degree to which the proposed alternative mini roundabout arrangement would impinge on the semi-rural

8.13

8.14

8.15

8.16

8.17

52

nature of Lisvane Road in comparison to the approved proposals is marginal. On balance, and mindful in particular of the high vehicle speeds that have been recorded on this section of Lisvane Road, he considers that the proposed mini roundabout presents a better solution in terms of highway safety. He states that recent survey work carried out on Lisvane Road (in the vicinity of Crofta) revealed peak hour flows of 140 and 205 vehicles eastbound and west-bound respectively and that the traffic generated by a combined total of 64 new dwellings would comfortably exceed 15% of this volume. He advises that the lack of deflection will be mitigated by the required speed reducing measures on Lisvane Road on both approaches to the mini roundabout and that the proposed frontage footway to plot no. 24 will provide it with a visibility splay which will be as good as, or better than that of the existing properties in the vicinity which front onto Lisvane Road. The proposed speed reducing measures will also be of benefit to plot 24, and the existing properties, in this respect. 8.18 The outline planning permission is conditioned to require the submission and approval of a drainage scheme prior to the commencement of development. The Applicant’s consultant engineers have been liaising with the Operational Manager, Drainage Management with a view to progressing the detailed drainage strategy for the site. It is anticipated that once the details have been finalised, a scheme will be submitted for the approval of Council and Welsh Water/Dwr Cymru in discharge of the drainage condition attached to the outline planning permission. In respect of the Community Council’s query about affordable housing, there is no requirement in the outline planning permissions for either of the Lisvane Road sites to provide an affordable/social housing contribution. It is intended that a financial contribution of £64,117 towards public open space facilities will be provided, secured via a unilateral agreement. The contribution has been calculated in accordance with the methodology contained in the open space SPG and following discussions with the Operational Manager, Parks Services. Whilst not required to be submitted under planning legislation for a reserved matters application, the applicant has submitted surveys in relation to bats, reptiles and dormice. It is evident that grass snakes were found on the site. However, the submitted ecological report concludes that the potential loss of grass snake habitat would be of significance to the site and the immediate locality only and not the wider population. The Council’s Ecologist has recommended, within the context of this reserved matters application that any contractor involved in site clearance works be advised that if any roosting bats or dormice are discovered, the works should stop and that the Countryside Council for Wales be consulted for advice on how to proceed. The Officer advises that if any grass snakes or slow worms are discovered, they should be removed to a safe place with appropriate habitat. With respect to bats, the applicant has indicated that he would accept the Council’s ecologists request for a bat lighting scheme (Condition 10).

8.19

8.20

8.21

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8.22

In conclusion, the site benefits from outline planning permission for the development of 24 detached houses with the points of access approved as part of the outline consent. It is considered that the detailed proposals for the development of the site are satisfactory and that the matters reserved in condition1 of the outline planning permission be approved, subject to the additional conditions. At planning committee on 7th March 2012, Members deferred a decision on the application to enable officers to draft a reason for refusal based on concerns relating to the design and appearance of the proposed dwellings having regard to the perceived character of the existing built environment of locality. As instructed, the following reason is offered: The proposed development, by virtue of the finished appearance of the proposed dwellings, is not considered to respond appropriately to the local context and character of the existing buildings in the vicinity of the site. As such, it is considered that the proposal will conflict with Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan, Policy 2.20 (Good Design) of the Deposit Cardiff Unitary Development Plan (October 2003) and the Council’s Supplementary Planning Guidance: Infill Design Guide (April, 2011)

8.23

8.24

8.25

Before debating this reason, Members of Committee are respectfully reminded that the current application seeks the approval of reserved matter for the development of 24 no. detached houses which precisely accords with the number and type of dwellings permitted by the outline planning permission. Members have expressed concern that the finished appearance of the proposed dwellings would be inappropriate for the site having regard to the traditional character of a number of buildings in ‘Lisvane Village’. As indicated in paragraph 8.4, the historic built form in the vicinity of the site comprises ribbon development along Lisvane Road and executive estate style development of detached houses. Developments at Chartwell Drive, Balmoral Close and Heol Y Delyn are typical of the late 20th Century housing characteristic of the area. However, there are some dwellings and other buildings of a more traditional design and character centred on the historic core of the ‘village’. The Listed ‘Ty Gwyn’ and its Lodge also lies in close proximity to the site. Whilst house types are predominantly detached, there is considerable variation in both the design and external finish of the houses in the vicinity, with a mix of rendered and brick elevations and some stone in evidence, together with a variety of roof forms and material. The Design and Access Statement submitted with the application provided a contextual analysis of the locality incorporating photographs of typical (varied) housing in the vicinity.

8.26

8.27

8.28

8.29

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8.30

However, in response to the concerns of Members, the Agent has undertaken an additional design study of the existing buildings and revised the external appearance of several prominently located dwellings on both application sites to reflect more closely the detailed form and finished appearance of existing development in the vicinity. (Examples of the amended dwellings are provided on the attached drawings). Arguably, the main design consideration in the assessment of the application is the likely visual impact of the development in views along Lisvane Road, which currently displays a semi rural character. In this regard, the proposed layout on the south side (reserved matters application 11/1300/DCO) has been designed so that the development does not turn its back on the road with dwellings generally facing outwards, whilst also retaining a soft edge through the retention/reinstatement of hedges, reinforced with tree planting. On the northern side of Lisvane Road, three detached houses are proposed between Hunters Lodge and the driveway entrance to Ty Gwyn and Pen Y Maes. The dwellings are shown to be set a generous distance from the back edge of the highway and screened with new hedge/tree planting. The infill plot between 5 Portland Place and Sunfold has been specifically designed to reflect the scale and siting of its neighbours. Having regard to this site context, it is considered that the proposed scheme (as amended) provides an acceptable low density solution to the residential development of the land given the nature of the outline permissions upon which the current applications are predicated. Members are respectfully advised that the Council should have clear evidence to demonstrate why the proposed application is unacceptable on design grounds, if such a reason is to be capable of being defended at appeal. The scheme, as amended following Members concerns, responds appropriately to the local context and character of existing buildings in terms of the appearance, form, scale and density of the proposed dwellings, and, in this instance, it is considered that there is insufficient justification to warrant refusal on design grounds. If Members remain concerned, it is strongly recommended prior to determination of the application, that a Committee site visit be undertaken to view the site and its locality.

8.31

8.32

8.33

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LOCAL MEMBER OBJECTION AND SECTION 106
COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 13/06/2012 11/2164/DCO CANTON Full Planning Permission APPLICATION DATE: 20/12/2011

Taff Housing Association FORMER CANTON HEALTH CENTRE, WESSEX STREET, CANTON, CARDIFF, CF5 1XU PROPOSAL: CONSTRUCTION OF 14 NO DWELLINGS AND ASSOCIATED WORKS ___________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 8.8 – 8.10 (inclusive) of the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans numbered (90)003D, 004D, 005C, 006A, 007C, 008A, & 009B attached to and forming part of this planning application. Reason: The plans amend and form part of the application. D3D Maintenance of Parking Within Site The cycle parking hereby approved shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles. No development shall take place until a scheme of environmental highway improvements to the rear lane where it abuts Wessex Street and where it runs parallel to the rear of the development site (including re-instatement of the redundant crossover to the frontage of the site), together with a programme for their implementation have been submitted to and approved in writing by the local planning authority. The scheme shall include (but not be limited to) details of the widening of the access to a minimum width of 4.5 metres, including the reconstruction and/or resurfacing of the lane together with street lighting provision. The agreed scheme shall be implemented prior to

3. 4.

5.

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beneficial use of the development, in accordance with the approved programme to the satisfaction of the local planning authority. Reason: To ensure the comprehensive enhancement/improvement of the adjacent public highway and to facilitate access to the proposed development. 6. No development shall take place until a scheme of construction management has been submitted to and approved by the local planning authority. The scheme shall include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a comprehensive drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development. C7S Details of Refuse Storage D7Z Contaminated materials E7Z Imported Aggregates C4P Landscaping Design & Implementation Pro C4R Landscaping Implementation C1J CFSH - Stan Overarch Con Post 11/12/10 C1K CFSH - Pre-ComCon Post 11/12/10 C1L CFSH - Post Construc Con Post 11/12/10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the side elevation of Plot 1 facing 511 Cowbridge Road East Reason: To ensure that the privacy of adjoining occupiers is protected. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 10th February, 2012. Reason: The information provided forms part of the application.

7.

8. 9. 10. 11. 12. 13. 14. 15. 16.

17.

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18.

The finished floor levels of the development shall be 8.2 metres AOD. Reason: To safeguard the occupiers of the premises from flooding consequences. No dwelling or flat shall be occupied until a Flood Management and Evacuation Plan has been submitted to and approved in writing by the Local Planning Authority. A copy of the approved plan shall be given to the occupiers of each residential unit prior to the unit being occupied. Reason: To safeguard the occupiers of the premises from flooding consequences. E1B Samples of Materials C5A Construction of Site Enclosure

19.

20. 21.

RECOMMENDATION 2: That the developer be advised that any works to the public highway will be subject to agreements under Section 278 and 38 of The Highways Act 1980. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • • • Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In

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addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Permission is sought for the construction of 14 no. dwellings and associated works on the site of the former Canton Health Centre, Cowbridge Road East. The amended details propose the following: (i) (ii) (iii) (iv) (v) (vi) 2 no. two-storey dwellings fronting onto Cowbridge Road East; 12 no. one and two bed flats in a part three-storey, part two-storey development fronting both Cowbridge Road East and Wessex Street; Off-street parking accessed off Wessex Street comprising 1 no. space per dwelling and 5 no. spaces for the 12 flats; 6 no. cycle stands for the flats; Amenity area including drying area and bin store for the flats; 4 no. trees to the Cowbridge Road East frontage and 2 no. trees to the rear amenity area for Block 2.

1.2

1.3

Proposed external finishes include red clay brick, white render, blue/black imitation slate roof tiles, white upvc frames, reconstituted stone (Bath colour), and white rainwater goods. The amended plans have raised the eaves and ridge heights of the proposed dwellings to match, as near as possible, the corresponding heights on 511 Cowbridge Road East. Gable dormer windows have been added to the block of flats. The building has been set back, in part, 500mm away from Wessex Street to emphasise the vertical segregation in the elevations. A hip roof has been introduced to the end (south) elevation. The submitted Flood Consequences Assessment confirms that the development will be built at 8.2 metres AOD. The Assessment concludes that the site will be affected by flooding during extreme events and that a Flood Management and Evacuation Plan would be provided to residents.

1.4

1.5

1.6

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2. 2.1

DESCRIPTION OF SITE The site comprises a square shaped area of flat land formerly occupied by a GP Surgery/Clinic. It has frontages to Cowbridge Road East and Wessex Street and is bordered on the southern side by a lane which separates the site from 1 Wessex Street. On the opposite side of Wessex Street is a funeral home. The remainder of Wessex Street comprises bay-fronted terraced houses from the Edwardian era. A house also adjoins the eastern site boundary (511 Cowbridge Road East). Mixed uses occupy the buildings facing the site on the northern site of Cowbridge Road East including a bank, post office, betting office and flats. The site is generally flat and level and is around 7.8 metres AOD. The site is located within Flood Risk Zone C1 i.e. the site is within the floodplain which is developed and is served by significant infrastructure, including flood defences. SITE HISTORY 06/01796/W: Permission granted in May 2007 for development of mental health rehabilitation centre. 04/00269/R: Outline permission granted in January 2005 for residential development. 97/2046W: permission granted in March 98 for the demolition of the existing building and construction of a new clinic. Permission not implemented. POLICY FRAMEWORK Planning Policy Wales, 4th Edition (February 2011). Technical Advice Notes (TANs): 12 15 22 Design (2009) Development and Flood Risk (2004) Planning for Sustainable Buildings (2010)

2.2

2.3 2.4

3. 3.1

3.2

3.3

4. 4.1 4.2

4.3

South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April 1997) Policies: EV1 EV2 MV1 MV2 MV11 Towards Sustainable Development Urban Regeneration Location of New Developments Commuted Payments Parking

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4.4

City of Cardiff Local Plan (January 1996) Policies: 9 11 17 18 19 20 25 31 Development in Areas at Risk of Flooding Design and Aesthetic Quality Parking and Servicing Facilities Provision for Cyclists Provision for Pedestrians Provision for Special Needs Groups Affordable Housing Within the Built-Up Area Residential Open Space Requirement

4.5

Deposit Unitary Development Plan (October 2003) Policies: 1.A 1.B 1.C 1.N 2.20 2.21 2.24 2.26 2.57 2.62 2.74 General Principles for the Location of Development Achieving Good Design Planning Obligations Car Parking Good Design Change of Use or Redevelopment to Residential Use Residential Amenity Provision for Open Space, Recreation and Leisure Access, Circulation and Parking Requirements Flood Risk Provision for Waste Management Facilities in Development

4.6

Relevant Supplementary Planning Guidance: Access, Circulation and Parking Standards (January 2010) Developer Contributions for Transport (January 2010) Open Space (March 2008) Waste Collection and Storage Facilities (March 2007) Residential Design Guide (March 2008)

5. 5.1

INTERNAL CONSULTEES RESPONSES The Operational Manager, Transportation, has no objection to the proposals subject to conditions relating to car parking, cycle parking, highways works, construction management and a financial contribution of £3,120 towards survey and investigation works and the introduction of Traffic Regulation Orders including the closure of Wessex Street to through traffic, if appropriate (subject to public consultation). The financial contribution would be secured through the completion of a Section 106 Agreement. The Operational Manager, Drainage Division, advises that is it not clear how surface water will be discharged and it does not appear that ground permeability testing has been carried out. He therefore recommends a drainage condition to this effect. Regarding the flood consequences assessment he has no expertise in flood evacuation procedures and therefore he cannot provide any firm guidance on whether the development should be allowed on the basis of the information issued by the Environment Agency.

5.2

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5.3

The Chief Culture, Leisure & Parks Officer notes that no public open space is provided on the site. He therefore requests that the developer enters into a Section 106 Agreement with the Council to secure the provision of £21,308 towards the provision of open space off site, or the improvement (including design and maintenance) of existing open space in the locality. The Chief Housing Strategy Officer notes that the site will be developed by Taff Housing Association solely for affordable housing. He fully supports the proposals. The Operational Manager, Environment (Contaminated Land) recommends conditions relating to imported soils and aggregates and a recommendation relating to contamination and unstable land. The Operational Manager, Environment (Noise & Air) has been consulted and any comments received will be reported to Committee. The Access Officer has been consulted and any comments received will be reported to Committee. The Operational Manager, Waste Management, advises that the amended bin storage areas are acceptable. EXTERNAL CONSULTEES RESPONSES The Environment Agency makes the following comments on the submitted Flood Consequences Assessment: (i) The development would be flood free during the 1 in 100 (1%) annual probability fluvial event if the finished floor levels of the buildings are set at 8.2 metres Above Ordnance Datum (AOD); The report states that consequences of flooding to the development could be managed on site because there would be emergency access to upper floors in the three-storey and two-storey dwellings in extreme flood conditions; They note that flood resistant design will be incorporated into the proposed development, for example, electrical and mechanical fittings raised above finished floor levels; Their own study confirms that access to and from the site will not be free from flooding during the 1 in 100 (1%) annual probability fluvial flood event, including an allowance for climate change. However the depths and velocities expected during the 1 in 100 (1%) annual probability fluvial flood could still mean the access and egress routes could be operational; In extreme conditions the existing highway may be subject to flooding. The data from their recent study shows that during a 1 in 1000 (0.1%) annual probability fluvial flood event flooding in this area will exceed the thresholds in TAN 15; They advise that the local planning authority consults with other appropriate professional advisors on this matter to assist with their

5.4

5.5

5.6

5.7

5.8

6. 6.1

(ii)

(iii)

(iv)

(v)

(vi)

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considerations with regard to the efficacy of the developer’s emergency plan. 6.2 6.3 Welsh Water recommends conditions relating to drainage. The South Wales Police Crime Reduction Design Advisor provides detailed comments relating to secured by design standards including: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) 7. 7.1 Rise and fall bollards be installed to the open parking spaces; Defensible space is required to the side elevation of Block 2 located on Wessex Street; The fencing to the side of the rear parking in the vicinity of Block 2 should be railings or weldmesh to a minimum of 1.8m. Access gates must be a minimum of 1.8 metres in height, be lockable, have anti lift hinges and must not have features that assist climbing; Access control system is required on the gate to the rear amenity space of Block 2 from the rear lane; Security recommendations for windows and doors; Audio access control is required to the main front entrance of Block 2; Lighting to the rear lane should meet recognised standards.

REPRESENTATIONS Councillors R Cook, C Furlong, and R Patel make the following comments: (i) The previous permission (ref: 06/01796/W) included a Section 106 Agreement requiring a financial contribution towards the closure of Wessex Street, which was requested by residents at the time. The current proposals would significantly increase traffic and Wessex Street is narrow, with restricted access yet is used as a rat-run. It is also one of the only streets that is not blocked off. A similar request to close Wessex Street should be made. However, if after consultation the residents do not want the road blocked off the money could be used for traffic calming or other improvements in the area; The proposed dwellings do not reflect the architecture on Cowbridge Road East. They request that the dwellings be re-located to the Wessex Street frontage; and Vehicular access to 1 Surrey Street should be maintained.

(ii)

(iii) 7.2

Councillors have been re-consulted on the amended plans and any further comments will be reported to Committee. The proposals were advertised in the press and by site notice. The consultation period expired on 5 January 2012. Neighbouring occupiers have been consulted and 11 individual letters of objection have been received from the occupiers of 2, 4, 6, 9, 13, 17, 18, and 19 Wessex Street, 511 Cowbridge Road East, J Pidgeon & Son Funeral Directors, 539 Cowbridge Road East, and 2 Surrey Street. Their objections can be summarised as follows:

7.3

7.4

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(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)

(xi) (xii) (xiii) (xiv) 7.5

Overdevelopment; Loss of light, residents have a right to light; Loss of views; Loss of privacy; Inadequate parking provision leading to increased traffic congestion in Wessex Street; 24 hour access into funeral home by private ambulance has not been considered; Noise disturbance at night; Design is not conducive to the surroundings; Impact upon property values; The Cardiff Community Strategy 2004 – 2014 aims to “enhance the economic, social and environmental well-being of local communities” and “the planning system should operate in the public interest and should ensure that provision is made for the community facilities to ensure the well-being of local communities”; Previous building on the site was single-storey, current proposals are too high; Footprint encroaches beyond the established building line; Vehicular access to the rear of 2 Surrey Street may be blocked; Social housing will bring problems.

The occupiers of 1 Wessex Street have no objection to the proposals provided that the lane remains unaffected so they can continue to bring their car in and out of the garage. Neighbouring occupiers have been re-consulted on the amended plans. 6 no. further letters have been received from the occupiers of 2, 4, 9 and 19 Wessex Street and 410 and 511 Cowbridge Road East. Their further objections are summarised below: (I) (ii) (iii) (iv) The site exists in the natural flood plain; Increase in traffic pollution; Proposals will not improve quality of life for local residents; Fails to comply with paragraph 9.2.12 of Planning Policy Wales – “sensitive design and good landscaping are particularly important if new buildings are to be fitted successfully into small vacant sites in established residential areas; Fails to comply with paragraph 9.3.3 of PPW – “insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an area’s character and amenity. This includes any such impacts on neighbouring dwellings, such as loss of privacy or overshadowing”; Although effort has been made to reduce the high profile, there are still too many dwellings; Amendments are too minor.

7.6

(v)

(vi) (vii)

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8. 8.1

ANALYSIS The site is located within an existing residential area on the City of Cardiff Local Plan Proposals Map. The site has received permission in the past for residential development. Policy 25 of the Local Plan favours the development of affordable housing at redevelopment sites within the built-up area of the City. The principle of residential development on this site has been established and is supported by Local Plan policies. The amended proposals have sought to reflect key features and characteristics of surrounding development in the proposals. The use of projecting bay windows, gable features and gable dormers, together with the sensitive use of external finishing materials and boundary enclosures in the amended scheme are considered to be positive features which would comply with policies relating to good design. The alterations to the Wessex Street frontage through lowering the roof ridge and stepping Block 2 down towards 1 Wessex Street is considered to be an improved design which creates a smooth transition between the three-storey Block 2 and two-storey dwellings on Wessex Street. The footprint of Block 2 partly adjoins the footway at the top of Wessex Street and is also closer to the footway than the residential dwellings on Wessex Street. However, this site occupies a prominent corner location and the pattern of development in the locality includes similar footprints at corner locations. A clear distinction between the footprint of prominent corner plots and residential properties on secondary side roads such as Wessex Street is also made by the access lanes. It is considered that this footprint position is acceptable. The two-storey dwellings fronting onto Cowbridge Road East have been raised so that, as far as practically possible, the eaves height and roof ridge height match those on the neighbouring dwelling (No. 511). This is considered to be a positive amendment which introduces continuity to the streetscene and a stronger site frontage onto Cowbridge Road East. The proposed footprint for Plot 1 adjacent to 511 Cowbridge Road East would be set 1 metre from the shared boundary and would extend 1 metre beyond the rear elevation of this neighbouring property. This relationship is considered to be acceptable. A condition preventing any windows being inserted into the side elevation of Plot 1 is recommended to safeguard privacy. Block 2 would be separated from 1 Wessex Street by the access lane, which would be retained; indeed it would be widened to 4.5 metres to meet Highways standards. The end (south) elevation of Block 2 would have a kitchen/dining/living room window at ground and first floors facing the access lane and the side elevation of 1 Wessex Street. These windows improve the natural surveillance of this access lane and it is not considered that they would harm the privacy of this neighbouring occupier, given that these

8.2

8.3

8.4

8.5

8.6

8.7

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windows would face the blank side elevation of No. 1. The relationship between the amended proposals and 1 Wessex Street are therefore considered to be acceptable. 8.8 It is noted that the Operational Manager, Transportation, has no objections to the development, and subject to relevant conditions, the development is considered to be acceptable in respect of its parking and access arrangements. Confirmation has been received from the agent that the applicant is willing to contribute £3,120 towards survey and investigation works and the introduction of Traffic Regulation Orders, including the closure of Wessex Street to through traffic, if appropriate (subject to public consultation). Written confirmation has also been received that the applicant is willing to provide £21,308 towards the provision of open space off site, or the improvement (including design and maintenance) of existing open space in the locality. Members should also note that the site is located less than 150 metres from Victoria Park. These financial contributions would be secured through the completion of a Section 106 Agreement. The amended proposals do not impact upon any existing trees but do propose a new line of 4 no. trees to the Cowbridge Road East frontage plus 2 no. trees in the amenity area to Block 2. Planting areas are also shown to both site frontages and the rear amenity space. The Council’s Tree Officer notes that the amended tree planting will avoid mutual suppression of trees to the Cowbridge Road East frontage, although the growing space remains constrained. Relevant conditions are attached to agree details and planting methods before development takes place. Whilst the submitted Flood Consequences Assessment shows that the site would be affected by flooding during extreme events, it is noted that the Environment Agency does not object to the application, rather, it defers the decision to local planning authority. Mindful that the development will be built at 8.2 metres AOD, that each residential unit has access to upper floors in case of emergency, that the development will incorporate flood resistant design features e.g. raised electrical sockets at ground floor, and that a Flood Management and Evacuation Plan will be provided for the occupiers of each flat, it is considered that the safety of future occupiers could be acceptably managed in the event of an emergency. Relevant conditions are attached. In respect of the objections received from local residents which have not already been covered in this analysis: (i) (ii) It is not considered that the proposals would result in an unreasonable Loss of light for neighbouring occupiers; Loss of private views is not a material planning consideration;

8.9

8.10

8.11

8.12

8.13

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(iii)

(iv) (v) (vi) (vii) (viii)

It is not considered that a residential development would cause excessive noise disturbance at night. Should noise disturbance arise, this would be a matter for Environmental Health Officers; Loss of property values are a private concern and therefore are not a material planning consideration; The proposed tenure of the residential development is not a material consideration; The amended proposals of two and three-storeys is not considered to be too high for this prominent corner location; The access lane to the rear of 2 Surrey Street would be maintained; The proposals are considered to accord with the aims of the Cardiff Community Strategy 2004 – 2014.

8.14

In response to the additional comments received following re-consultation on the amended plans (paragraph 7.6): (i) (ii) (iii) it is not considered that traffic pollution would increase to an extent that planning permission could be reasonably withheld; it is not considered that the proposals would cause unacceptable harm to the quality of life of local residents; the amended proposals are not considered to be contrary to paragraphs 9.2.12 and 9.3.3 of PPW.

8.15

The proposed amenity and refuse storage areas for Block 2 are considered to be acceptable. A relevant condition is attached regarding refuse storage provision. It is considered that the amended proposals are acceptable and would introduce a good quality residential development that would bring this cleared site back into effective use in accordance with current local planning policies without causing unacceptable harm to neighbouring occupiers. Subject to relevant conditions and the completion of a Section 106 Agreement to secure the contributions outlined in paragraphs 8.8 – 8.10, it is recommended that planning permission be granted.

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LOCAL MEMBER OBJECTION
COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 13/06/2012 12/137/DCO RADYR Full Planning Permission APPLICATION DATE: 15/02/2012

Mr Traylor LAND AT 17, AEL-Y-BRYN, RADYR, CARDIFF, CF15 8AZ PROPOSED SPLIT LEVEL 3 BEDROOM DETACHED DWELLING ON A VACANT PLOT. ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans received on 13th April 2012 numbered SCHD(A)100A, SCHD(A)101C, SCHD(A)102B, SCHD(A)103B, SCHD(A)104B, SCHD(A)105B, SCHD(A)106B and SCHD(A)107, and as supplemented by the additional information (Tree Survey and Constraints Plan, Arboricultural Implications Assessment, Method Statements and Tree Protection Plan) received on 21st March 2012, attached to and forming part of this planning application. Reason: The plans and additional information amend and form part of the application. Prior to the development hereby permitted being brought into beneficial use provision shall be made within the site for the parking of vehicles in accordance with details to be submitted to and approved by the Local Planning Authority, such approval to be obtained prior to the commencement of development. The parking area shown in the approved details shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. Prior to the commencement of development, details of the proposed access onto Cae'r Graig, including construction details of the driveway, shall be submitted and approved in writing with the Local Planning Authority and thereafter implemented and retained. These details shall ensure that the gradient of the driveway does not exceed 1 in 12.

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Reason: In the interest of highway and pedestrian safety, in accordance with policy 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 5. Prior to the commencement of development a scheme of construction management shall be submitted to and approved in writing by the Local Planning Authority, to include details of construction traffic routes, site hoardings, site access and wheel washing facilities. The construction shall be managed strictly in accordance with the approved scheme. Reason: In the interests of highway safety and public amenity, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan No development shall take place until a site assessment, including ground permeability testing as appropriate, has been undertaken to ascertain whether sustainable drainage techniques such as soakaway drainage and permeable paving can be utilised for the disposal of surface water run-off and a drainage scheme for the disposal of both

6.

7.

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surface water and foul sewage has been submitted to and approved in writing by the local planning authority, which shall include sustainable drainage techniques if, as a result of the ground permeability tests, these have been found to be feasible. No part of the development shall be occupied until the drainage scheme is carried out and completed as approved. Reason: In the interests of the proper drainage of the site, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan. 9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order), no structure or extension shall be placed within the curtilage of the dwelling hereby approved or any alteration made to the roof, nor shall any windows or other openings be made in the external walls of the dwelling other than those shown on the approved plans. Reason: In the interests of residential amenity and privacy, in accordance with policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan. Prior to the commencement of development, a scheme for boundary walls and/or fencing shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the first occupation of the dwelling hereby approved and thereafter maintained. Reason: In the interests of visual and residential amenity, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan. The building hereby approved shall meet the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). Construction for any dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011).

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13.

Prior to occupation of the individual dwelling(s) hereby permitted a Code for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling(s). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason: To maintain and improve the appearance of the area in the interests of visual amenity, in accordance with policies 3 and 11 of the City of Cardiff Local Plan (1996) and policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan (2003). Any trees, plants, or hedgerows which within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain and improve the appearance of the area in the interests of visual amenity, in accordance with policies 3 and 11 of the City of Cardiff Local Plan (1996) and policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan (2003). No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

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17.

No equipment, plant or materials shall be brought onto the site for the purpose of development until retained trees on and adjacent to the site and specified on a submitted and approved plan have been protected. Unless otherwise agreed in writing by the Local Planning Authority, protection shall be maintained throughout development until all site operations are complete and shall comprise of barriers of weld-mesh panels firmly fixed to a braced scaffolding framework, conforming to the current British Standard for trees in relation to construction and located to protect a working area extending not more than three metres from the outer wall of the proposed development. A small opening may be left to allow normal garden activities, but no materials, plant, equipment or waste relating to the development shall be placed, deposited or operated within the protected area. No concrete mixings, fuels or other contaminants shall be discharged where they can detrimentally affect retained trees on or adjacent to the site and fires may not be lit in a position where their flames can extend to within 5m of any part of a retained tree on or adjacent to the site. Reason: To protect trees of amenity value that might be damaged by building works or related operations, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan. Prior to the commencement of development, details of a privacy screen to be erected to the north western side of the balcony at the rear of the dwelling at first floor level shall be submitted to and approved in writing by the Local Planning Authority and the approved screen shall be erected before the development is brought into beneficial use. Reason: To ensure that the privacy of adjoining occupiers is protected, in accordance with policy 2.24 of the deposit Cardiff Unitary Development Plan.

18.

RECOMMENDATION 2: The developer is advised to contact Highway Operations, Brindley Road in order to obtain the necessary 'Road Opening Permit' required to implement the footway crossover works and any other works that are within or adjacent to the adopted highway. RECOMMENDATION 3: The developer is advised to contact Street Lighting, Brindley Road, in order to ascertain whether any adjustments / improvements will be required to the existing lighting column as a result of the proposals. RECOMMENDATION 4: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

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RECOMMENDATION 5: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division. RECOMMENDATION 6: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and the safe development and secure occupancy of the site rests with the developer.

• • •

(iii)

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 7: The developer is advised that foul and surface water discharges must be drained separately from the site. No land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system and the developer should contact the Local Authority Drainage Services for advice if it is intended to drain surface water to the public sewerage system.

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DESCRIPTION OF PROPOSED DEVELOPMENT The application is for full planning permission for the erection of a split-level, 3 bedroom house of a contemporary design, with monopitch roofs, to be single storey rising to 2 storey on one side at the front and two storey at the rear. The building will be finished in ivory coloured render with black brickwork and dark grey profile sheet roofing. Windows and doors will be grey powder coated aluminium. There will be a terrace accessed from the living room at first floor level at the rear. The bedrooms will be at ground floor level. A parking space for one vehicle will be provided at the front of the site. DESCRIPTION OF SITE The site, measuring 11m x 24 to 33m, was formerly part of the rear garden of a house which lies to the north east and is located between the existing house and a highway, Caer Graig. The land slopes steeply up from the existing house towards the highway to the south west. It is unfenced at its boundaries with the highway and the adjoining land to the south east and there are small trees and shrubs at the lower level close to the existing houses. The land to the north west remains in use as garden. The land to the south east is vacant and has recently been the subject of unsuccessful planning applications for residential development. The rear gardens and rear elevations of houses on Graig Lwyd face towards the front of the site. These are at a higher level than the application site and are set above a retaining wall. There are houses at a lower level on Ael Y Bryn to the north and east with rear habitable room windows facing towards the application site. SITE HISTORY 07/00235/W – New dwelling (outline). Granted 06/02/08. Adjoining site history: 09/01898/W – Construction of 2no detached dwellings Refused; 10/01589/DCO – Construction of 2no detached split-level dwellings Refused. POLICY FRAMEWORK Cardiff Local Plan – 10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 17 (Parking and Servicing Facilities); 28 (Subdivision of Residential Property); 30 (Insensitive or Inappropriate Infilling). Supplementary Planning Guidance - Access, Circulation and Parking Standards (January 2010); Cardiff Residential Design Guide (March 2008);

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Trees and Development (March 2007); Waste Collection and Storage Facilities (March 2007); Infill Sites (April 2011). 4.3 Deposit Cardiff Unitary Development Plan – 2.20 (Good Design); 2.22 (Subdivision of Residential Properties); 2.24 (Residential Amenity); 2.45 (Trees, Woodlands and Hedgerows); 2.57 (Access, Circulation and Parking Requirements); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development). Planning Policy Wales (2011): 3.1.7: The planning system does not exist to protect the private interests of one individual against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest. The courts have ruled that the individual interest is an aspect of the public interest and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties. However, such consideration should be based on general principles, reflecting the wider public interest (for example a standard of “good neighbourliness”) rather than the concerns of the individual. 4.4.2: Planning policies and proposals should • Promote resource-efficient and climate change resilient settlement patterns, wherever possible avoiding development on greenfield sites • Locate developments so as to minimise the demand for travel, especially by private car • Facilitate sustainable building standards • Ensure that all communities have sufficient good quality housing – including affordable housing – in safe neighbourhoods. 4.6.4: Local planning authorities should assess the extent to which developments are consistent with minimising the need to travel and increasing accessibility by modes other than the private car. Higher density development should be encouraged near public transport nodes or near corridors well served by public transport. 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. Local planning Authorities should reject poor building and contextual designs. 4.10.11: Local planning authorities and developers should consider the issue of accessibility for all. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with

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their design, construction, use and eventual demolition. 4.11.3: Development proposals should also include features that provide effective adaptation to and resilience against the current and predicted future effects of climate change, for example by incorporating green space to provide shading, sustainable drainage systems to reduce run-off, and are designed to prevent over-heating and to avoid the need for artificial cooling of buildings. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 9.1.1 : The Assembly Government will seek to ensure that previously developed land is used in preference to Greenfield sites; new housing and residential environments are well designed, meet national sustainability standards and make a significant contribution to promoting community regeneration and improving the quality of life, and new housing development in towns, villages and edge of settlement locations is a mix of affordable and market housing that retains and where possible enhances important landscape and wildlife features in the development. 9.2.13: Sensitive design and good landscaping are particularly important if new buildings are successfully to be fitted into small vacant sites in established residential areas. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an area’s character and amenity. 4.5 Technical Advice Note 12 (Design): 5.11.2 Development proposals, in relation to housing design should aim to: create places with the needs of people in mind, which are distinctive and respect local character promote layouts and design features which encourage community safety and accessibility focus on the quality of the places and living environments for pedestrians rather than the movement and parking of vehicles avoid inflexible planning standards and encourage layouts which manage vehicle speeds through the geometry of the road and building promote environmental sustainability features, such as energy efficiency, in new housing and make clear specific commitments to carbon reductions and/or sustainable building standards secure the most efficient use of land including appropriate densities consider and balance potential conflicts between these criteria. 5.11.3: The design of housing layouts and built form should respect local context and distinctiveness, including topography and building fabric.

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INTERNAL CONSULTEE RESPONSES Operational Manager Transportation: No objections subject to approval of parking details (the parking space should measure 2.4m wide x 4.8m long and the footway crossover should be 3m wide), approval of details of the proposed access onto Caer Graig (including construction details of the driveway and ensuring that the gradient does not exceed 1 in 12) and a construction management plan. The developer will require a “Road Opening Permit” to implement the works within or adjacent to the adopted highway and the existing lighting column may have to be altered. Chief Officer Highways and Waste Management (Drainage): No objection subject to a condition requiring ground permeability tests to be undertaken to ascertain whether sustainable drainage techniques can be utilised and approval of a drainage scheme for the disposal of both surface water and foul sewage. No discharge of surface water from the completed development including driveways and / or private roads will be permitted to drain to the public highway or any highway drain. Pollution Control (Noise & Air): Standard recommendation relating to construction site noise. Pollution Control (Contaminated Land): Should there be any importation of soils to develop the garden area then it must be demonstrated that they are suitable for the end use. Conditions are requested relating to imported materials and standard recommendations are made relating to radon gas protection and contaminated/unstable land. Chief Officer Highways and Waste Management (Waste): No objections. EXTERNAL CONSULTEES RESPONSES Welsh Water: Foul and surface water discharges must be drained separately. No surface water shall be allowed to connect to the public sewerage system unless agreed by the local planning authority. No land drainage will be permitted to discharge to the public sewerage system. Radyr and Morganstown Community Council: Object to the application. Under the planning consent given to application 07/235/W in February 2008, condition 3 states that the split-level design should be as “indicated in illustrative drawing 2006/OP500/02’’ … “in order to ensure the development does not have an overbearing or overshadowing effect on the existing properties in Ael y Bryn”. That drawing shows a 2 storey dwelling. Although the amended proposed dwelling has been moved away from No. 17 by some 2m it is still a 3-storey building with an attic room now added to the top floor. The roof line, especially the highest ridge height, as viewed on the north east facing elevation, and therefore from the garden of no. 17 Ael y Bryn, appears to be higher than expected for a building which should be, overall, two storeys. The Community Council considers the proposed building to be

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overbearing on the site because of the extremely steep slope with very large windows to north. We also feel that this application contravenes the Infill Supplementary Planning Guidance as follows: 1.3: We feel that the proposed development harms the amenity of existing occupiers, making a negative contribution to the community by not responding to the context and character of the area. 1.6: While gardens may be considered to be brownfield sites, the proposed development would damage the character and residential amenity of the existing residential area. 2.2: The proposed development will result in a more intensive use of land by building on existing gardens. 2.15: By developing the back gardens of a house, the proposed development will have an adverse effect on the biodiversity and amenity of the site. The significant differences in ground surface height together with the loss of green space will increase surface water runoff. REPRESENTATIONS The application has been advertised by neighbour notification. The residents of 19 Ael Y Bryn object to the application on the following grounds: 1. Loss of privacy caused by large windows and patio doors of habitable rooms being angled towards 19 Ael Y Bryn. These should face towards the open land at the side instead. 2. Overshadowing of their rear garden. 3. The building will be overbearing 4. The proposal contradicts the Council’s adopted planning guidelines in the Supplementary Planning Guidance “Infill Sites”. Councillor McKerlich states that he objects to the development for the reasons given by the Radyr and Morganstown Community Council and he also believes that a precedent has been set by the recent refusal of planning permission for the construction of two houses in the gardens of 11, 13 and 15 Ael Y Bryn. ANALYSIS The site lies within a residential area and outline planning permission has previously been granted for the erection of a dwelling on this site therefore there are no objections to the principle of the proposed development. The issues to consider are the impact on visual amenity and the character of the area, and the impact on the amenities of adjoining residents. The dwelling would be of a contemporary design which would contrast with the traditional 1970’s suburban style found in the surrounding area. However, this is considered acceptable as the site when viewed from the public highway is not immediately adjacent to existing dwellings (only the rear boundaries of houses face onto this part of Caer Graig, the first houses to front the road being around 80m to the south), the elevation facing onto the highway will be relatively low and the building will not appear out of place in

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the street scene. 8.3 With regard to the impact on residential amenity, from the rear the topography of the steeply sloping site means that the property is elevated above Ael-yBryn. The form and height of the highest part of the roof slope emphasises the scale of the building, which is further reinforced by the large windows and balcony area at the upper floors. The plans have been amended to reduce the depth of the building’s footprint and site it further forwards towards Caer Graig and this has gone some way towards reducing the overbearing impact to the north, although the projecting element of the mono-pitched roof still emphasises the scale of the development when viewed from Ael Y Bryn and there will still be a balcony and large window areas on the north east elevation. However, the development will be more than 21m from the rear windows of 17 and 19 Ael Y Bryn (and around 20m from a conservatory at the rear of no. 19) and retained trees and shrubs, landscaping and fencing will provide a certain amount of screening as will the balustrade to the first floor balcony. The amendments to the plans have reduced the height of the highest part of the roof, reduced the area of glazing to the upper rear elevation and altered the details of the balcony balustrade to reduce visibility. Although the perception of overlooking will be greater because of the building’s location on higher ground, it is considered that the distance between the proposed building and the habitable room windows of existing houses is acceptable for the maintenance of privacy and that the impact of the appearance of the dwelling can be mitigated by the use of appropriate landscaping. The development will not result in a significant amount of overshadowing of neighbouring properties. A shadow cast report submitted with the application states that there would be minimal impact in Spring, Summer and Autumn months and that shading would occur in the winter months only from mid-day onwards, when natural overshadowing is caused by the topography of the site from around 2pm anyway. This limited impact is considered acceptable. Regarding the objections received: 1. The impact on privacy is assessed above. The applicant wishes to retain large windows and a balcony at the rear of the house in order to take advantage of the extensive views to the north and east. The “open land” at the side is likely to be developed in the future given that outline planning permission has been granted for residential development. The shadow cast report shows that the development would cause little additional overshadowing of neighbouring properties. Overshadowing would not be significant enough to warrant the refusal of planning permission. The building will be split-level, as approved in the outline planning consent granted in 2008, which minimises its impact on neighbouring properties. According to the submitted sectional drawings, it will be around 6.5m tall at the rear and set 3m above the level of the gardens of the houses on Ael Y Bryn (i.e. the apex of the roof will be 9.5m above ground level at the rear of Ael Y Bryn) and will be at a distance of 14 to 16m from the rear site boundary and around 21m from the

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4.

nearest windows in the neighbouring houses. It is not considered that a structure of this height at this distance from the neighbouring property will be unacceptably overbearing. The proposal is considered to be in accordance with the Supplementary Planning Guidance “Infill Sites” – it successfully responds to character and context, there is sufficient amenity distance between the proposed house and existing development, it provides an adequate amount of useable garden space and leaves the existing house with an adequate amount (in this case more than 80 square metres), maintains appropriate scale and massing and responds well to the existing street scene. There is concern that the frontage will be taken up by car parking and will not provide adequate space for substantial landscaping; however, this situation arises because the building has to be kept as far away as possible from the houses at the rear in order to maintain privacy and amenity standards, and on balance is considered acceptable.

8.6

In response to the objections raised by the Radyr and Morganstown Community Council: The drawings submitted with the outline planning application show a house with a lower maximum ridge height but these were indicative only and the current application is not bound by that consent, which expired in February 2011. Furthermore, the indicative outline drawing shows a house with a first floor balcony at the rear which would have been closer to the houses on Ael Y Bryn than is the currently proposed development. The issue of whether the building will be overbearing and whether it is in accordance with the relevant SPG is discussed above. There will not be any measurable adverse impact on biodiversity – there are no significant species on the site that will be disturbed by the development, there was no control over the management of the former garden (e.g. it could have been paved or managed as a species-poor lawn area) and the site will be landscaped following development which could improve its biodiversity value. No objections have been raised by the Council’s Drainage Engineers regarding surface water run-off: a drainage scheme will be required to be approved and this will include sustainable urban drainage techniques if soakaway tests show that these are feasible. Regarding Councillor McKerlich’s assertion that the refusal of the application for residential development on the adjoining site sets a precedent for refusal of this application, this is not considered to be the case – each application must be determined on its own merits. The proposed dwellings on the adjacent plots were larger (two storeys to the front elevation and three to the rear, with a maximum height of around 10m above their rear garden area and around 16m above the rear gardens of houses on Ael Y Bryn), with much shorter rear gardens (8.5m and 9m) and of an awkward design which attempted to fit a standard suburban house type onto a very constrained, sloping site and which resulted in what may be considered to be an “alien and incongruous” form of development. In conclusion, it is considered, on balance, that the proposal is acceptable. The appearance of the building will harmonise with the surrounding area and

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there will be no detriment to the street scene, the distance between the windows of the new building and existing properties will be in accordance with adopted guidelines and the impact on the amenities of residents of adjoining properties can be mitigated through the use of screening and landscaping. It is recommended that the application be approved subject to the conditions set out above.

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LOCAL MEMBER OBJECTION
COMMITTEE DATE: 13/06/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/00169/DCO CYNCOED Full Planning Permission APPLICATION DATE: 03/02/2012

Cardiff Council CARDIFF HIGH SCHOOL, LLANDENNIS ROAD, CYNCOED, CARDIFF, CF23 6WG PROPOSAL: PROPOSED CONSTRUCTION OF AN ARTIFICIAL TRAINING PITCH ON SCHOOL GROUNDS/FLOODLIGHTS/FENCING ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit No materials, waste, arisings or plant shall be stored or operated within the Nant Fawr Community Woodlands Site of Importance for Nature Conservation, outside the site boundary identified within the planning application, or allowed to fall, be washed or blown into it. Reason: To protect the features of interest for nature conservation for which the Nant Fawr Community Woodland SINC has been designed. The proposed development shall operate in accordance with the Lighting Lux Levels shown on drawing AL(0)05 Rev A, unless otherwise agreed in writing by the Local Planning Authority. Reason: Light spill onto sensitive areas which have the potential to be used by commuting and foraging bats should be limited to levels of 1 lux or less. The submitted lighting plan protects the dark corridor adjacent to the development. This consent relates to the application as supplemented by the information contained in the email communication from the agent dated rd 23 April, 2012 outlining the drainage proposals. Reason: The information provided forms part of the application. E7Z Imported Aggregates The consent relates to the application as amended by the revised plans numbered EDU 7159 – AL(0)01A, AL(0)02A, AL(0) 03A, AL(0)04A,

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AL(0)05A and AL(0)06, attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 7. The Artificial Training Pitch (ATP) and floodlights hereby approved shall only be used between the hours of 07:30 and 21:00 hrs, Monday to Friday. Reason: To ensure that the use of the ATP does not interfere with the amenities of the occupiers of neighbouring properties to an unacceptable degree. The floodlights shall at all times be angled to illuminate the ‘short pitch’ occupying the south western half of the ATP (as identified on drawing EDU7159AL(0)02 Rev 2). Reason: To ensure that the use of the floodlights does not interfere with the amenities of the occupiers of neighbouring properties to an unacceptable degree. The floodlights shall be aligned to ensure that the upper limit of the main beam does not exceed 70 degrees from its downward vertical and shall be designed and operated to have full horizontal cut-off. Reason: To ensure that the use of the floodlights does not interfere with the amenities of the occupiers of neighbouring properties to an unacceptable degree. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the local planning authority in accordance with the current British Standard for trees in relation to construction. An Arboricultural Method Statement (AMS), setting out the methodology that will be used to prevent loss of or damage to retained trees. A Tree Protection Plan (TPP) in the form of a scale drawing showing the finalised layout and the tree and landscaping protection methods detailed in the AMS that can be shown graphically. Unless written consent is obtained from the local planning authority, the development shall be carried out in full conformity with the approved AMS and TPP. Reason: To enable the local planning authority to assess: the effects of the proposals on existing trees and landscape; the measures for their protection; to monitor compliance and to make good losses.

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No development shall take place until a site assessment, including ground permeability testing as appropriate, has been undertaken to determine the practicality of utilising SUDS techniques such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off as well as other forms of sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. The development shall be completed in accordance with the approved scheme, Reason: To ensure an orderly development of the site.

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and the safe development and secure occupancy of the site rests with the developer.

(iii)

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

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DESCRIPTION OF PROPOSED DEVELOPMENT Planning permission is sought to construct an 80 metres x 55 metres Artificial Training Pitch (ATP) at Cardiff High School, on land comprising part of the school playing field area at the rear of the site. The proposal includes for the provision of green coloured fencing surrounding the pitch, shown to be 3.6 metres in height to the sides and 5.0 metres at the goal ends. It is intended that the pitch would be illuminated by floodlights on columns rising to a height of 15 metres. The Agent has provided the following additional information in respect of the intended use and hours of opening of the ATP and proposed lighting: (i) The proposed ATP will provide enhanced facility for the school. It is envisaged that the facility will be made available for the community, concurrent with the existing use at the school campus. (ii) The school operates from 8.30am but the PE department often have practice sessions starting at 7.30am on the school playing fields and/or existing facilities which are currently used up until 7.30pm for school use. (iii) It is envisaged that the ATP will be used for school use exclusively between 7.30am and 7.30pm and for school use and community use until 9.00pm Monday to Friday in keeping with existing facilities and arrangements.

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1.4

It is intended that the proposed surfacing material of the ATP will be permeable and that the facility will drain to the nearby Nant Fawr watercourse which runs along the northern side of the playing fields. Following discussions with the Applicant/Agent with a view to addressing the amenity implications of the proposal, the submitted plans have been revised. As originally proposed the northern end of the proposed pitch was shown to be sited between 10.0 metres and 18.0 metres from the rear gardens of nos. 3 to 7 Nant Fawr Crescent and the nearest floodlight column was shown to be sited approximately 18.5 metres from the rear gardens of nos. 6 and 7 Nant Fawr Crescent and approximately 15.0 metres from the rear garden of 3 Nant Fawr Crescent. However, following discussions with the Agent, amended plans have been submitted which reduce the length of the pitch by approximately 5.0 metres, so that the facility is now shown to be sited between 17.0 metres and 22.0 metres from the rear gardens of nos. 3 to 7 Nant Fawr Crescent. The number of floodlight columns have also been reduced from eight to four with the nearest column on the revised scheme shown to be located

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approximately 62.0 metres from the rear gardens of nos. 7 and 8 Nant Fawr Crescent (previously 18.5 metres) and approximately 60.0 metres from the rear garden of 3 Nant Fawr Crescent (previously 15.0 metres). 1.7 The floodlights would be sited at least 80.0 metres from a new development of four detached dwellings at Nant Fawr Court, located to the north of the school and separated from it by the Nant Fawr corridor. The houses in Padarn Close, which back onto the eastern side of the playing fields are located at least 110.0 metres from the proposed floodlighting. In the interest of security, the amended plan also shows a new 2.0 metre high close boarded fence enclosing the perimeter of the playing fields. The application has been supported by a Pre-Development Tree Survey and Constraints Plan. The agent confirms that the facility will be managed by the school and used during the school holidays by both the school and community groups.

1.8

1.9

1.10

2. 2.1

DESCRIPTION OF SITE The proposed ATP is shown to be sited on the northern part of the school playing fields which are located to the rear of the school buildings. To the east of the proposed pitch lie the rear gardens of several properties in Nant Fawr Crescent, which occupy a ground level approximately 3.0 metres below that of the playing fields. A narrow belt of trees runs between the houses and the playing fields. Along the north western boundary of the playing fields there are other trees which form part of the Nant Fawr Community Woodlands Site of Importance for Nature Conservation. None of the trees adjoining the playing fields, in the vicinity of the proposed ATP, are protected by Preservation Order. The rear gardens of houses in Padarn Close back onto the eastern boundary of the playing fields.

2.2

2.3.

3. 3.1

SITE HISTORY The most recent planning history at the Cardiff High School site is as follows: 07/678/E : Replacement curtain walling, granted April 2007. 06/2068/E : New access ramp and steps to main entrance, granted October, 2006.

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04/381/N : Single storey extension, granted April, 2004. 3.2 In 1998, planning permission was granted for the erection of 8 no. 11 metre high training lights to illuminate the all-weather pitch at the front (west) of the school site (ref. 98/751N).

4. 4.1

POLICY FRAMEWORK City of Cardiff Local Plan Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities)

4.2

Deposit Cardiff Unitary Development Plan (October 2003) Policies, 2.20 (Good Design), 2.24 (Residential Amenity), 2.64 (Air, Noise and Light Pollution).

4.3

Supplementary Planning Guidance : Access, Circulation and Parking (January 2010). Supplementary Planning Guidance : Biodiversity Part 1 June 2011 Supplementary Planning Guidance : Biodiversity Part 2 June 2011 Supplementary Planning Guidance : Trees and Development (March 2007) Supplementary Planning Guidance : Waste and Collection and Storage Facilities TAN 16 ‘Sport, Recreation and Open Space’ offers the following guidance in respect of noise and floodlighting: When dealing with planning applications for activities which have the potential to generate significant levels of noise, the frequency with which the noise occurs and the disturbance likely to be created should be taken into account by the local planning authority. The attachment of reasonable conditions to planning approval could be used to control noise emissions particularly during unsociable hours. However, when determining planning applications (for floodlighting) local planning authorities should ensure that the amenity of people living nearby is fully considered, and there is no unacceptable adverse impact on the character of the locality, including its visual amenity, or on features of nature conservation importance. Any permission granted may need to be subject to conditions, for example, limiting the hours during which the lights may be operated and/or the frequency of their use, or requiring the installation of downlighting, lit floorscapes, shielding or of particular types of light.

4.4

4.5

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5. 5.1

INTERNAL CONSULTEE RESPONSES The Operational Manager, Transportation advises that on the basis that the proposed facility will be ancillary to the existing school, no highway objections are raised. The Operational Manager, Environment (Pollution Control) having considered the amended plans and lighting proposals, advises that the proposed development is acceptable in terms of noise and lighting, subject to the hours of the use of the pitch and lighting being restricted to that proposed in the application and to the operation of the floodlighting in accordance with the following technical requirements. • • Each floodlight must be aligned to ensure that the upper limit of the main beam does not exceed 70 degrees from its downward vertical The floodlighting shall be designed and operated to have full horizontal cut-off and such that the Upward Waste Light Ratio does not exceed 2.5/5*%.

5.2

5.3

The Operational Manager, Drainage Management has raised no objections subject to an appropriate drainage condition being attached to any planning permission that may be issued. The advice of the Ecologist and Tree Preservation Officer (City Development) has been incorporate into the analysis.

5.4

6. 6.1

EXTERNAL CONSULTEES RESPONSES The Welsh Water/Dwr Cymru has been notified of the application. representations have been received. No

7. 7.1

REPRESENTATIONS Councillor K Lloyd stated that she attended a meeting of residents in Nant Fawr Crescent (in relation to the proposals as initially submitted) and advised that, whilst residents were not opposed to extending the sports facilities on the school site, they were concerned about particular issues relating to the application, which she outlines as follows: Light Pollution Light Pollution will of course only be a problem during the winter months when daylight fails at about 4.00 p.m. For the residents immediately behind the

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proposed pitch the effect will be full faced daylight until at least 7.00 pm and possibly 9.00 pm. I recently stood in the garden of no. 2 Nant Fawr Crescent – a property not deemed to be greatly affected by the lights and therefore not notified of the application. It felt as though the existing pitch was within touching distance. It should be noted that land level of some if not all of these houses is lower than the level of the school grounds so their effect will be that much greater than if the site levels were the same. Residents are also concerned about the welfare of the wildlife in the area. They are particularly concerned about the change in light levels at the coldest part of the year on our smallest birds and the resident owl and woodpeckers as well as the visiting heron. It is understood that trout at least used to appear in the Nant Fawr Stream. If they are still there they would be adversely affected by the light. The Friends of Nant Fawr and RAF (Reservoir Action Group) have also been informed of the application as both organisations are concerned about anything that will affect the area. If a lighted pitch is needed, which residents quite understand, then they feel that the pitch should be realigned and moved away from the green boundary and up against the school buildings. The lights will still be visible both to humans and wildlife but would have a lesser impact. They also believe that a screen of trees should be planted on the Nant Fawr Crescent boundary to further dilute the effect of the lights. Noise Pollution Whilst there is a certain amount of noise with the current setup on the sports pitch that the neighbours are prepared to live with, the introduction of extra pitches will increase the noise substantially. The noise of a ball kicked into the mesh surround of the proposed new pitch would be considerable and would echo. A screen of trees would help with this problem. Security There is a ditch between the school grounds and the gardens of Nant Fawr Crescent. Residents already suffer from pupils gathering in this ditch to smoke, among other things, and their language is frequently ‘choice’. One resident said she knew when pupils had entered the garden because they moved things around and one occasion her frail elderly mother decided to ask the young people to leave only to be verbally abused. Another resident stated that until he built a garage pupils would use his garden and drive as a short cut from the school grounds to Nant Fawr Crescent. There have been three thefts from nearby properties this year, (residents are not saying that these thefts were by pupils, only that access was from that area). There were several instances of trespass last year and a bike was stolen from a garden shed. Again, the residents are not saying that the trespassers were pupils

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only that access was from the school grounds. The point is that this is happening now when the area is dark in the winter evenings. With the introduction of the proposed lights so close to the boundary, there are additional opportunities for burglars to mingle and study the properties. They believe that whether the pitch goes ahead as it is or not, a substantial, heavy duty mesh fence should run the length of the Nant Fawr Crescent boundary, sealing off the residential properties from the school grounds. This together with the screen of trees already suggested is considered essential. The Councillor concluded that residents are not against the application as such, and if the above problems can be dealt with effectively, they would have no objection to the expansion of the play facilities. 7.2 Local Members have been notified of the amended plans. Any further comments will be reported at Committee. Neighbouring and nearby occupiers have been notified of the application. Eight letters of objection were received from residents of Nant Fawr Crescent and Celyn Avenue in response to the application as originally submitted for consideration. In summary, the grounds of objection/concerns are as follows: (i) adverse effects of the proposed floodlights with unacceptable light glow to residents around the playing fields given the close proximity of neighbouring houses. The proposal will also alter the dark sky character of the area which is a relatively dark urban area with low levels of light pollution; a resident queries whether the facility will be closed during the holidays; there would be increased noise and disturbance and it would be impossible to control bad language when private groups were using the facility at night. There would be noise from balls hitting the boundary fencing of the pitch; loss of privacy; possible security/safety issues as it is easy to access the backs of the adjoining houses from the site; a residents states that if the school side gate is left open, parking in the streets around the school can be expected; a resident queries whether a private company would become involved in running the enterprise and seeks assurance that this would not happen; a residents considers that the impact of light and noise may be mitigated by moving the pitch through 90o and moved close to the rear of the school building. A further advantage of this would be to move the pitch away from the mature trees along the boundary. Further tree screening could also be provided along the northern boundary of the field which would also improve security;

7.3

(ii) (iii)

(iv) (v) (vi) (vii)

(viii)

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(ix)

(x) (xi) (x)

there is concern regarding the proximity of the development to the Nant Fawr green corridor which the Council has worked hard to protect from further development; visual impact of the floodlights which would be an eye-sore; loss of property value; If timers are to be used, the lights may be on regardless of whether they are being used or not. This is a waste of public money and energy resources which should be avoided.

7.4

Neighbouring occupiers have been notified of the amended plans. Any further comments will be reported at Committee.

8. 8.1

ANALYSIS The application proposes the construction of an artificial training pitch (ATP) and erection of 4 no. floodlight columns on the playing fields to the rear of the school. The main planning issues are considered to be: (i) (ii) (iii) (iv) The effect of the development on the appearance and character of the surrounding areas. The effect of the development on the amenity of the occupiers of nearby dwellings. The effect on trees. The effect on matters of ecological importance.

8.2

8.3

The proposed ATP will be sited on land comprising part of the school playing fields, to rear of the school buildings. The siting of the facility in this location is considered acceptable as it would limit the visual impact of the development in views from Llandennis Road. It is inevitable that the floodlight columns would be visible from public areas outside the site having regard to their height (15 metres), however, this would be mitigated to some extent by existing mature trees along the northern site boundary with the Nant Fawr corridor. Furthermore, the reduction in the number of columns from eight to four would significantly reduce the visual impact of the scheme on the wider area. The Operational Manager, Environment (Pollution Control) is satisfied that the proposals, as amended, would not result in an unacceptable impact upon neighbouring occupiers, subject to relevant conditions relating to the hours of use of the ATP and the operation of floodlights. As indicated in paragraph 1.6, a distance of between 17.0 metres and 22.0 metres would separate the northern end of the facility from the rear garden boundaries of nos. 3 to 7 Nant Fawr Crescent. The floodlight columns have been reduced from eight to four

8.4

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with the nearest column now shown to be sited some 60.0 metres from the garden boundaries. 8.5 In the interest of security, the amended plans also shows the provision of a new 2.2 metre high close boarded fence enclosing the perimeter of the playing fields. It is clear that this fence will also assist in screening the ATP from the dwellings in closest proximity to the proposed development. The Tree Officer is satisfied that a reduction in the length of the pitch by 5.0 metres provides additional clearance to the trees along the north eastern boundary of the site and is sufficient to overcome the Officer’s arboricultural concerns raised over the initial layout proposals. The Officer has raised no objections to the application on tree grounds subject to a standard tree protection condition. The Ecologist has raised no objections to the application on conservation/ecology grounds. However, as the application site is adjacent to the Nant Fawr Community Woodlands SNIC, which provides a dark corridor that may be used by nocturnal mammals such as bats, the Officer has recommended condition 3 to limit light spill onto this area. On balance, it is considered that the proposed development is acceptable on planning grounds and it is therefore recommended that planning permission be granted, subject to the attached conditions.

8.6

8.6

8.8

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AMENDED PLAN 12/169/DCO

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113

AMENDED PLAN 12/169/DCO

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AMENDED PLAN 12/169/DCO

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LOCAL MEMBER OBJECTION
COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 13/06/2012 12/00423/DCO CYNCOED Full Planning Permission APPLICATION DATE: 23/03/2012

Ms Williams LAND ADJACENT TO 51 GWYNANT CRESCENT, LAKESIDE, CARDIFF, CF23 6LT PROPOSAL: ERECTION OF ATTACHED HOUSE ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the first floor rear (east) elevation window. Reason : To ensure that the privacy of adjoining occupiers is protected. The first floor bathroom window in the rear (east) elevation facing 18 Claerwen Drive shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason : To ensure that the privacy of adjoining occupiers is protected. D3D Maintenance of Parking Within Site No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a comprehensive drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development. D7Z Contaminated materials E7Z Imported Aggregates C1J CFSH - Stan Overarch Con Post 11/12/10

3.

4. 5.

6. 7. 8.

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9. 10. 11. 12. 13.

C1K CFSH - Pre-ComCon Post 11/12/10 C1L CFSH - Post Construc Con Post 11/12/10 E1B Samples of Materials C5A Construction of Site Enclosure Details submitted in pursuance of condition 12 shall include a 1.8 metre high brick wall to the side boundary facing Claerwen Drive and not a 1.8 metre high fence as shown on drawing no. ADE2/7. Reason: In the interests of visual amenity. C4P Landscaping Design & Implementation Pro C4R Landscaping Implementation

14. 15.

RECOMMENDATION 2: That the applicant be advised to obtain the consent of the Operational Manager, Street Operations, prior to undertaking any works in the public highway. RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • • • Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii)

the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

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The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Permission is sought for the construction of an attached house on land adjacent to 51 Gwynant Crescent, Cyncoed. The existing flat roof garage at the rear would be demolished. The proposed dwelling would be approximately 5.8 metres wide, 8.3 metres long, matching the eaves of 51 Gwynant Crescent and being set down 300mm from the roof ridge and back 500mm from the front elevation. No habitable room windows would be inserted in the rear (east) elevation at first floor level. A gable projection is proposed to the side (south) elevation facing Claerwen Drive. The dwelling footprint would be sited approximately 3.5 metres from the footway on Claerwen Drive. 1 no. off-street parking space would be created to serve the new dwelling, accessed off Claerwen Drive. A new off-street parking space would also be created at the front of 51 Gwynant Crescent. A 1.8 metre high brick wall would screen the rear and side garden from Claerwen Drive and would be set approximately 1.5 metres from the footway, with a soft landscape buffer. A private rear garden of approximately 41 square metres would be created by sub-dividing the existing garden for 51 Gwynant Crescent. Approximately 60 square metres would be retained as a private garden for No. 51. DESCRIPTION OF SITE The site comprises a prominent position at the junction with Claerwen Drive. The residential area is characterised by two-storey pitch roof dwellings constructed in the 1970s. The land rises gradually to the east. 18 Claerwen Drive is approximately 1 metre above the application site. SITE HISTORY No applications. POLICY FRAMEWORK Planning Policy Wales, 4th Edition (February 2011).

1.2

1.3

1.4

1.5

1.6

1.7

2. 2.1

2.2

3. 3.1 4. 4.1

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4.2

Technical Advice Notes (TANs): 12 22 Design (2009) Planning for Sustainable Buildings (2010)

4.3

South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April 1997): EV1 MV1 Towards Sustainable Development Location of New Developments

4.4

City of Cardiff Local Plan (January 1996): 11 Design and Aesthetic Quality 17 Parking and Servicing Facilities

4.5

Deposit Unitary Development Plan (October 2003) 1.A 1.B 1.N 2.20 2.24 2.57 General Principles for the Location of Development Achieving Good Design Car Parking Good Design Residential Amenity Access, Circulation and Parking Requirements

4.6

Relevant Supplementary Planning Guidance: Access, Circulation and Parking Standards (January 2010) Waste Collection and Storage Facilities (March 2007) Infill Sites (April 2011) Residential Design Guide (March 2008)

5. 5.1

INTERNAL CONSULTEES RESPONSES The Operational Manager, Transportation, notes that the proposed dwelling has 2 bedrooms and is of a similar scale to the existing dwelling. In accordance with the Supplementary Planning Guidance (SPG) Access, Circulation & Parking Standards the requirement is for between 0.5 and 2 spaces for dwellings of this size. The proposed provision of 1 space each for both the new and existing dwellings falls within the mid-range of this and therefore he has no objection. He is mindful of the objections raised by local residents and Councillor K Lloyd, however he does not consider that an objection on parking grounds would be sustainable at appeal. He recommends that the applicant is advised of the need to secure the consent of the Operational Manager, Street Operations, prior to undertaking any works within the adopted highway in relation to the proposed crossover widening. The Operational Manager, Environment (Noise & Air), has no objection to the proposals.

5.2

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5.3

The Operational Manager, Waste Management, has no objections and advises that waste must not be stored on the highway. The Operational Manager, Environment (Contaminated Land), recommends conditions relating to imported materials, plus a recommendation relating to contamination. The Operational Manager, Drainage Division, recommends a drainage condition and advises that Welsh Water be consulted on the proposals. EXTERNAL CONSULTEES RESPONSES Welsh Water recommends that drainage conditions be attached to any permission granted. REPRESENTATIONS Councillor K Lloyd objects to the proposals for the following reasons: (i) (ii) (iii) will turn a pair of semi-detached dwellings into a terrace; out-of-keeping with surrounding area; proposed parking provision for the existing house will prevent on-street parking outside the property. Most houses in the area are two-car households. Proposals will make parking matters worse.

5.4

5.5

6. 6.1

7. 7.1

7.2

Neighbours have been consulted and 2 no. letters of objection have been received from the occupiers of 37 and 39 Claerwen Drive. Their objections are summarised as follows: (iv) (v) (vi) (vii) (viii) (ix) (x) over-development having a deleterious effect on the street scene; loss of green amenity space; loss of privacy through overlooking; existing serious parking problems will be exacerbated; loss of property value; no demonstrable need for the development; loss of amenity space for occupiers of 51 Gwynant Crescent.

8. 8.1

ANALYSIS The key issues for consideration of this application are the design and appearance of the proposed development, its relationship with neighbouring occupiers, and the access and parking arrangements. The proposed dwelling would be subservient to the existing dwelling at 51 Gwynant Crescent and is considered to be acceptable in respect of its design and appearance. The impact upon the street scene on Claerwen Drive is considered to be acceptable as a distance of at least 3.5 metres would be retained between the dwelling and the footway; there is no discernable building line along this part of Claerwen Drive and the resulting relationship is considered to be satisfactory. A relevant condition is recommended requiring

8.2

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samples of materials to be agreed prior to developing commencing, mindful of its prominent siting. 8.3 The proposed internal layout shows that no habitable room windows would overlook into the rear garden of 18 Claerwen Drive from a substandard distance and the proposed dwelling would be sited a sufficient distance away to ensure no loss of amenity would result for these neighbouring occupiers. It is not considered that the proposals would harm the privacy or amenities of the occupiers of 37 or 39 Claerwen Drive, who are opposite the site on the south side of the highway. Conditions are recommended to safeguard the privacy of the occupiers of No. 18. It is noted that the proposed parking arrangements meet the standards set out in the approved Supplementary Planning Guidance (SPG), as advised by the Operational Manager, Transportation. It is therefore considered that, subject to a condition retaining parking, the proposed parking arrangements are acceptable. In respect of the outstanding objections from Councillor K Lloyd and the occupiers of 37 and 39 Claerwen Drive: (i) (ii) (iii) (iv) It is not considered that the creation of a terrace is adequate grounds to recommend refusal of permission; the proposals would not result in the loss of any green amenity space; the application site is in private ownership; property values are not a material planning consideration; and there is no requirement to demonstrate need for the development of one dwelling in this location.

8.4

8.5

8.6

It is considered that the proposals are in accordance with planning policies and would not cause unacceptable harm to the privacy or amenities of existing neighbouring occupiers. It is therefore recommended that permission be granted, subject to relevant conditions.

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123

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COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 20/04/2012

APPLICATION No. 12/00579/DCO ED: APP: TYPE: APPLICANT: LOCATION: LLANRUMNEY

Outline Planning Permission

Cardiff County Council CARDIFF COUNCIL HOUSING DEPOT, MOUNT PLEASANT LANE, LLANRUMNEY, CARDIFF, CF3 5SR PROPOSAL: RESIDENTIAL DEVELOPMENT ___________________________________________________________________ RECOMMENDATION 1 : That planning permission be GRANTED subject to the following conditions : 1. 2. C00 Standard outline The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of PPS3 or any future guidance that replaces it. The scheme shall include: i. the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 40% of housing units/bed spaces;

ii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. the arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing if no Registered Social Landlord is involved) ; iv. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. Reason: To ensure the provision of adequate affordable housing for the local community in accordance with the Council’s adopted interim planning policy “Affordable Housing Delivery Statement” (October 2010). 3. Prior to the development hereby permitted being brought into beneficial use provision shall be made within the site for the parking of vehicles in accordance with details to be submitted to and approved by the Local

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Planning Authority, such approval to be obtained prior to the commencement of development. The parking areas shown in the approved details shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason : To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing the site in accordance with Policy 17 of the Cardiff Local Plan and Policy 2.57 of the deposit Cardiff Unitary Development Plan. 4. Prior to the commencement of development a scheme of improvements to Mount Pleasant Lane which shall include scarification and re-surfacing of the road and footway, re-instatement as footway of redundant existing accesses and crossovers, improvements to the existing street lighting and drainage, speed reducing measures and the provision of a number of lay-bys for use by delivery vehicles in association with the retail units to the west of the site, shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the commencement of beneficial occupation of the development. Reason: To ensure that satisfactory access is provided to serve the development and in the interests of highway and pedestrian safety, in accordance with Policies 16, 17 and 19 of the Cardiff Local Plan and Policy 2.57 of the deposit Cardiff Unitary Development Plan. Prior to the commencement of development a scheme of construction management shall be submitted to and approved in writing by the Local Planning Authority, to include details of construction traffic routes, times of deliveries, site hoardings, site access, wheel washing facilities and parking of contractors’ vehicles. The construction shall be managed strictly in accordance with the approved scheme. Reason: In the interests of highway safety and public amenity, in accordance with Policy 2.57 of the deposit Cardiff Unitary Development Plan. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved in writing by the local planning authority, which shall include sustainable drainage techniques if, as a result of the ground permeability tests, these have been found to be feasible. No part of the development shall be occupied until the drainage scheme is carried out and completed as approved. Reason: In the interests of the proper drainage of the site, in accordance with Policy 2.61 of the deposit Cardiff Unitary Development Plan. No discharge of surface water from the completed development including driveways and/or private roads will be permitted to drain to

5.

6.

7.

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the public highway or any highway drain. Reason: In the interests of the proper drainage of the site, in accordance with Policy 2.61 of the deposit Cardiff Unitary Development Plan. 8. Prior to the commencement of development, a scheme for boundary walls and/or fencing shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be implemented prior to the first occupation of the dwelling hereby approved and thereafter maintained. Reason: In the interests of visual and residential amenity, in accordance with Policy 11 of the Cardiff Local Plan and Policies 2.20 and 2.24 of the deposit Cardiff Unitary Development Plan. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with Policy 10 of the Cardiff Local Plan and Policy 2.63 of the deposit Cardiff Unitary Development Plan. Any topsoil (natural or manufactured) or subsoil to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with Policy 10 of the Cardiff Local Plan and Policy 2.63 of the deposit Cardiff Unitary Development Plan. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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

9.

10.

11.

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approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. 12. Prior to the commencement of development details of facilities for the storage of refuse containers have been submitted to and approved in writing by the Local Planning Authority. The facilities approved shall be provided before the development is brought into beneficial use and shall be thereafter retained for future use. Reason: To secure an orderly form of development and protect the amenities of the area, in accordance with policy 2.74 of the deposit Cardiff Unitary Development Plan. The building hereby approved shall meet the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). Construction for any dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, Policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). Prior to occupation of the individual dwelling(s) hereby permitted a Code for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling(s). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, Policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of

13.

14.

15.

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Planning Policy Wales (2011). RECOMMENDATION 2: That the Chief Financial Services Officer be requested to ensure that: i) a financial contribution is made from the revenues generated by the disposal of the land towards the improvement (including design and maintenance) of existing open space in the locality, the sum to be calculated at the time of the approval of reserved matters when details of the number and size of the residential units becomes available, in accordance with the advice of the Chief Officer Culture, Leisure and Parks (Parks Services) given at paragraph 5.8 of the Chief City Development Officer’s report. (ii) a financial contribution is made from the revenues generated by the disposal of the land towards the improvement of public transport, the sum to be calculated at the time of the reserved matters when details of the number and size of the residential units becomes available, in accordance with the guidance of the Operational Manager Transportation; (iii) the terms of any sale of the land provide that the development secures affordable housing (as defined in Annex B of Planning Policy Wales Technical Advice Note 2, or any future guidance that replaces it) at a rate of not less than 40% of housing units / bed spaces. RECOMMENDATION 3: The applicant is advised that the details submitted for approval of the reserved matters should take into account the design principles outlined in the draft site development brief “Options Appraisal for Residential Development, Mount Pleasant Lane, Llanrumney, Cardiff” (January 2011) submitted with this application and the residential design objectives set out in the Supplementary Planning Guidance “Cardiff Residential Design Guide” (March 2008) and “Infill Sites” (April 2011). RECOMMENDATION 4: The applicant is advised that if the adjacent sorting office is in use, the details submitted for approval of the reserved matters should take into account the potential impact on future residents of the dwellings of noise from the sorting office and that the results of a noise survey, carried out in accordance with British Standard 4142 and taking into consideration the underlying background noise, should be used to inform the layout and design of the houses. RECOMMENDATION 5 : To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

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RECOMMENDATION 6 : The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and the safe development and secure occupancy of the site rests with the developer.

(iii)

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 7: In the interests of crime prevention and site security, it is recommended that this development be built to Police specified “Secured by Design” standards as promoted by South Wales Police. Information on these standards is available on the website www.securedbydesign.com RECOMMENDATION 8: The applicant is advised that there is existing Western Power Distribution (WPD) Electricity/WPD Surf Telecom apparatus in the vicinity of the proposed development. All WPD equipment should be assumed to be live until WPD prove otherwise and provide confirmation to this effect in writing. Any excavation work in the vicinity of either WPD Electricity or WPD Surf Telecom apparatus must comply with the requirements of Health and Safety Executive guidance HS(G)47, Avoiding Danger from Underground Services. Such work is also regulated under the Electricity at Work Regulations 1989, Health and Safety Act 1974 and CDM Regulations 94 (as amended). Use of mechanical excavators in the vicinity of WPD plant should be kept to a minimum and hand digging methods should be used to determine the precise position of WPD Surf Telecom ducts. If there are overhead lines

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crossing the site, any development must comply with the requirements of Health and Safety Executive guidance laid down in GS6, Avoidance of Danger from Overhead Electric Lines. Where diversions to WPD apparatus are needed, the cost may be charged to the persons responsible for the works. For further advice, please contact Western Power Distribution (tel: 0800 096 3080). RECOMMENDATION 9: The applicant is advised that the improvement works detailed in condition 4 of this permission will require the technical approval of the Operational Manager, Street Operations and that (unless the Council is the developer) the works would be subject to an agreement under Section 278 of the Highways Act 1980. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Outline planning permission is sought for residential development of 19 to 21 units. All matters of layout, scale, appearance, access and landscaping are reserved for future consideration. The minimum/maximum height of the buildings (ridge height) would be 7.5m/9m; the minimum/maximum width would be 7m/8m; the minimum/maximum length would be 9m/18m (semidetached).It is anticipated that the buildings would achieve code level 3 of the Code for Sustainable Homes. Two illustrative optional layouts have been submitted to demonstrate how either 19 or 21 units could be accommodated on the site. Option 1 (21 units) shows a mixture of 4 bed detached and 3 bed semi-detached houses fronting onto a central spine road and two access roads onto Mount Pleasant Lane. All the houses have private gardens and all but two have an off-road parking space. This option does not include an existing electricity substation, which is located in the south east corner of the site. Option 2 (19 units) comprises 3 no. 4 bed detached houses and 16 no. 3 bed semi-detached. All have private gardens and an off-road parking space. The houses would face onto two separate, parallel access roads off Mount Pleasant Lane. Off-road parking spaces are provided for all the houses except one which is located adjacent to the electricity sub-station, to which access would be maintained. For the avoidance of doubt permission is not being sought for either of the illustrative layouts. DESCRIPTION OF SITE The site is level, rectangular in shape and covers approximately 0.42 hectares. It is located on the eastern side of Mount Pleasant Lane within an existing residential area and is currently occupied by a functioning Council housing depot, which is due to close by the end of 2012 as it is surplus to requirements. The depot function is being relocated to the Brindley Road site. The existing buildings, dating from around the mid 20th century, are flat roofed

1.2

1.3

1.4

2. 2.1

2.2

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and single storey and are generally aligned alongside the western and eastern boundaries of the site. There is car parking within the site, which is enclosed by a tall brick wall and metal palisade fencing. 2.3 Immediately to the north is a care home which is undergoing refurbishment. To the west, across Mount Pleasant Lane, are the rear yards of the 3 storey shops/flats which front onto Countisbury Avenue. Separate access points for these units are located along the lane and the yards are secured by a tall brick wall topped with metal palisade fencing. Immediately to the south is a Royal Mail sorting office and to the east the site abuts the rear gardens of houses, which are part of the wider post-war municipal housing estate. SITE HISTORY None. POLICY FRAMEWORK S Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011: EV1 (Towards sustainable development); MV1 (Location of New Developments); MV2 (Commuted Payments); MV11 (Parking); H1 (New Dwelling Requirement); H4 (Special Housing Provision); H5 (Affordable Housing); H6 (Community Facilities). Cardiff Local Plan – 10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 13 (Energy Use); 14 (Facilities for Public Transport Services); 16 (Traffic Calming); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians); 20 (Provision for Special Needs Groups); 24 (Affordable and Special Needs Housing); 25 (Affordable Housing within the Built Up Area); 31 (Residential Open Space Requirement). Interim Planning Policy: Affordable Housing Delivery Statement (October 2010). Supplementary Planning Guidance – Access, Circulation and Parking Standards (January 2010); Cardiff Residential Design Guide (March 2008); Waste Collection and Storage Facilities (March 2007); Affordable Housing (March 2007)

3. 3.1 4. 4.1

4.2

4.3

133

Community Facilities and Residential Development (March 2007) Developer Contributions for School Facilities (March 2007) Open Space (June 2000) Infill Sites (April 2011). 4.4 Deposit Cardiff Unitary Development Plan – 2.20 (Good Design); 2.21 (Change of Use or Redevelopment to Residential Use); 2.23 (Affordable Housing); 2.24 (Residential Amenity); 2.26 (Provision for Open Space, Recreation and Leisure); 2.27 (Provision for Schools); 2.57 (Access, Circulation and Parking Requirements); 2.58 (Impact on Transport Networks); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development). Planning Policy Wales (2011): 4.4.2: Planning policies and proposals should (inter alia): • Promote resource-efficient and climate change resilient settlement patterns, wherever possible avoiding development on greenfield sites • Locate developments so as to minimise the demand for travel, especially by private car • Facilitate sustainable building standards • Ensure that all communities have sufficient good quality housing – including affordable housing – in safe neighbourhoods • Promote access to employment, shopping, education, health, community facilities and green space • Foster improvements to transport facilities • Foster social inclusion. 4.6.4: Local planning authorities should assess the extent to which developments are consistent with minimising the need to travel and increasing accessibility by modes other than the private car. Higher density development should be encouraged near public transport nodes or near corridors well served by public transport. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.11.3: Development proposals should also include features that provide effective adaptation to and resilience against the current and predicted future effects of climate change, for example by incorporating green space to provide shading, sustainable drainage systems to reduce run-off, and are designed to prevent over-heating and to avoid the need for artificial cooling of buildings. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 8.7.5: planning conditions and obligations may be used in appropriate circumstances to secure on-site or off-site facilities or improvements in public

4.5

134

transport, walking and cycling where such measures would be likely to influence travel patterns to the site. 9.1.1 : The Assembly Government will seek to ensure that previously developed land is used in preference to Greenfield sites; new housing and residential environments are well designed, meet national sustainability standards and make a significant contribution to promoting community regeneration and improving the quality of life, and new housing development in towns, villages and edge of settlement locations is a mix of affordable and market housing that retains and where possible enhances important landscape and wildlife features in the development. 9.1.2: Local authorities should promote sustainable residential environments, avoid large housing areas of monotonous character and make appropriate provision for affordable housing. Local authorities should promote mixed tenure communities, development that is easily accessible by public transport, attractive landscapes around buildings etc. 9.3.1: New housing should be well integrated with and connected to the existing pattern of settlements. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an area’s character and amenity. 4.6 Technical Advice Note 12 (Design): 5.11.2 Development proposals, in relation to housing design should aim to (inter alia): promote environmental sustainability features, such as energy efficiency, in new housing and make clear specific commitments to carbon reductions and/or sustainable building standards secure the most efficient use of land including appropriate densities. INTERNAL CONSULTEE RESPONSES Operational Manager Transportation: Mount Pleasant Lane currently serves as the main access to the Council depot on the one side, and for rear servicing of the shops within the Countisbury Avenue District Centre on the other. It’s currently in poor condition having been previously maintained to a standard corresponding to its existing use – and is not currently of a standard appropriate to serve as the sole means of access to a new residential development. Whilst it’s far from ideal to have a residential development sharing an access with a commercial use I consider that it will be acceptable in this instance subject to the implementation of improvements to Mount Pleasant Lane. These would include scarification and re-surfacing of the road and footway, re-instatement as footway of redundant existing accesses and crossovers, improvements to the existing street lighting and drainage, and (mindful of its straight alignment) speed reducing measures. A future reserved matters application should also consider the servicing needs of the existing shops - and the aforementioned improvement works should therefore include the provision of a number of lay-bys for use by

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5.2

5.3

135

delivery vehicles, in particular for use in association with retail units which may be expected to entail servicing by larger vehicles, in order to preclude their obstruction of the free flow of traffic on Mount Pleasant Lane. Note that this may have the effect of reducing the amount of available developable land in comparison to the indicative layouts provided. 5.4 I’d therefore have no objection on highway grounds subject to a condition requiring the submission for approval prior to development of the site, and implementation prior to beneficial occupation, of a scheme of improvements to Mount Pleasant Lane addressing the aforementioned matters. I’d also suggest a second recommendation advising the applicant of the need to secure technical approval from the Operational Manager, Street Operations – and that (unless the Council is the developer) the works would be subject to an agreement under Section 278 of the Highways Act 1980. A further condition is required relating to the provision of off-street parking in accordance with the SPG (Access, Circulation & Parking) with respect to the proposed new dwellings. A contribution towards public transport enhancement may be required - either via a Section 106 agreement or retention from the capital receipts from the sale of site as appropriate. Chief Officer Highways and Waste Management (Drainage): No objection subject to a condition requiring ground permeability tests to be undertaken to ascertain whether sustainable drainage techniques can be utilised and approval of a drainage scheme for the disposal of both surface water and foul sewage. No discharge of surface water from the completed development including driveways and / or private roads will be permitted to drain to the public highway or any highway drain. Chief Officer Culture, Leisure and Parks (Parks Services): Design option 2 is considered to have advantages over option 1 in terms of orientation of the houses, defensible space at the front of properties and a “softer” feel to the development. Trees would provide softening of Mount Pleasant Lane, although these would need to be carefully sited and specified to create maximum effect without over-shading the housing/gardens excessively. As no public open space is being provided on-site, the developers would be required to make a financial contribution towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality. Based on the information given in option 1, allowing for an occupancy rate of 52.47, the contribution will be £50,543. Based on the information given in option 2, allowing for an occupancy rate of 47.51, the contribution will be £45,766. In the event that the Council is minded to approve the application, it will be necessary for the applicant and the Council to enter into a Section 106 Agreement to secure payment of the contribution. Pollution Control (Noise & Air): It is advised a noise survey be undertaken to establish the potential impact from the sorting office close to the site boundary

5.5

5.6

5.7

5.8

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136

of the proposed development. The noise survey should take into consideration the underlying background noise and the impact the existing sorting office would have on the proposed residential units. Survey to be in accordance with British standard 4142. 5.10 Pollution Control (Contaminated Land): Standard conditions and recommendations regarding imported materials and contaminated/ unstable land. Chief Officer Highways and Waste Management (Waste): Each house must have adequate waste storage space. Vehicle tracking diagrams should be submitted to confirm that adequate access will be provided to enable collection vehicles to enter and leave in forward gear. If access cannot be gained, all waste will have to be presented at the entrance to the development, which is far from ideal. It may therefore be more suitable to consider communal storage at the entrance to the development. Chief Officer, Housing and Neighbourhood Renewal (Housing Strategy): Cardiff has high housing need for affordable housing in this area of the City. Data available from the Council’s current housing waiting list (February 2012) indicates there are 2,526 households waiting for a property in Upper Llanrumney. As the site is suitable for affordable housing, we would seek a 40% affordable housing contribution, which is in-line with the interim planning policy target in the Affordable Housing Delivery Statement (AHDS), with the mix to be representative of the development as a whole. Affordable housing should be delivered as a mix of intermediate rented units and low cost home ownership units with the larger proportion being intermediate rented accommodation. The scheme should be appraised on a NIL Social Housing Grant basis. The amount that a Registered Social Landlord (RSL) could pay for the units will be based on an appropriate intermediate rent level and the low cost home ownership units will be sold as a percentage of the open market value, likely to be 65-70%. These payments/values will be advised by Housing Strategy. All affordable units should meet WAG Development Quality Requirements and the Welsh Housing Quality Standard .The Council will identify a preferred RSL partner for delivering the affordable housing. A legal contract/agreement should be used to cover: the provision of affordable housing on site including numbers, site mix and layout; the timing and phasing of the provision as relating to open market housing provision. EXTERNAL CONSULTEES RESPONSES Welsh Water : No comments received. Western Power Distribution: Have identified the location of their apparatus and provided standard advice. Police Crime Prevention Design Advisor: No comments received.

5.11

5.12

5.13

6. 6.1 6.2

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137

7. 7.1

REPRESENTATIONS The application has been advertised by press notice, site notice and neighbour notification. No representations have been received. ANALYSIS The application site is owned by the Council and currently contains a housing depot but is identified as existing residential land on the Local Plan proposals map. As the depot is located within a residential area, the current industrial use is offered no specific protection in land use policy terms in this location. Given the adjoining residential uses and the site’s location in an existing housing area the application raises no land use policy concerns. The application is in outline with all matters of layout, scale, appearance, access and landscaping reserved for future consideration. Indicative layouts have been submitted to demonstrate how the site could be developed, and future reserved matters applications can be required to respond to the principles submitted as part of the outline proposals. The site is located on Mount Pleasant Lane, currently an unattractive lane/alleyway which is utilised largely as a vehicular rat run and for the servicing of the Llanrumney local centre / shopping parade which backs onto it. The lane offers a particularly poor environment which would benefit from any form of enhancement. As part of the redevelopment of this site, significant improvements could be made to the lane including the addition of speed reduction measures, street lighting and soft landscaping, providing a more secure pedestrian environment whilst maintaining appropriate servicing arrangements for the shops. The provision of 2 storey dwellings (or 2.5 storeys maximum) would be appropriate to the surrounding residential area. The site is large enough to enable adequate separation distances between the proposed dwellings and the buildings surrounding the application site to avoid any overbearing impact and to protect privacy. Both layout options avoid having dwellings fronting onto Mount Pleasant Lane. Although adopted design guidance advises that dwellings should not “turn their back” on the highway, in this case the draft layouts are considered acceptable given the poor outlook onto the lane. Windows could still be located on the side elevations of the dwellings bounding the lane in order to break up the blank facades and offer a degree of surveillance, or perceived surveillance, over Mount Pleasant Lane. Of the two layout options submitted, Draft Layout Option 2 (containing 19 dwellings) is considered more suitable from a design perspective. This option provides a better outlook for each of the proposed dwellings, requires less supporting road infrastructure and maintains access to the electricity sub station located in the south east corner of the site. The layout also offers a more secure and therefore preferable parking arrangement for each of the

8. 8.1

8.2

8.3

8.4

8.5

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dwellings and would create a better setting along Mount Pleasant Lane through the dwellings being set back from the road/pavement. 8.7 Whilst Draft Layout Option 1 (containing 21 dwellings) is a higher density scheme, the orientation of the proposed dwellings and their close proximity to each other may create overbearing and overlooking issues which would need to be overcome in the reserved matters layout proposal. Also, this proposal does not indicate retention of the electricity substation, the relocation of which could prove too costly to make this layout a feasible option In conclusion, there are no objections to the principle of residential development on this site and, since all matters of layout, scale, appearance, access and landscaping are reserved, only the principle of the proposed development is to be considered. The indicative layout options have been produced only to demonstrate that there are a number of ways in which the site might be developed satisfactorily. Approval of the application is recommended and, given that the Council’s Interim Planning Policy: Affordable Housing Delivery Statement (October 2010) applies to this proposal, it is recommended that the approval be made subject to a condition requiring 40% of the housing to be affordable.

8.8

139

140

141

COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 24/11/2011

APPLICATION No. 11/02004/DCI ED: APP: TYPE: APPLICANT: LOCATION: SPLOTT

Full Planning Permission

Mr Maroufi GROSVENOR HOTEL, SOUTH PARK ROAD, SPLOTT, CARDIFF, CF24 2LU PROPOSAL: CHANGE OF USE FROM HOTEL AND PUBLIC HOUSE TO 24 APARTMENTS WITH SECOND FLOOR DORMER WINDOW EXTENSIONS TO REAR ______________________________________________________________________ RECOMMENDATION: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.1, 5.3 and 5.5 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans numbered 4/3b, 4/5a, 4/8a, 4/9a, 4/10a attached to and forming part of this planning application. Reason: The plans amend and form part of the application. Unless otherwise agreed in writing by the LPA no development shall take place until a scheme showing the dropped floor levels to second floor flat nos. 18, 23 and 24 have been submitted to and approved in writing by the LPA and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure adequate amenity for future occupiers. C3S Cycle Parking C7S Details of Refuse Storage C2N Drainage details D4A Landscape Scheme

3.

4. 5. 6. 7.

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8.

No part of the development hereby permitted shall be commenced until a scheme of construction management has been submitted to and approved by the Local Planning Authority, to include details of site hoardings, site access and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The detailed application is for the rehabilitation of the former Grosvenor Hotel to provide 24 flats comprised of 20no. 1 bedroom flats, 2no. 2 bedroom flats and 2no. studio flats. External alterations are limited to three small dormer windows to the rear of the building. Amended drawings have been received removing the substantial second floor extensions. The following additional information is submitted: • Design and Access Statement • Code for Sustainable Homes Pre-Assessment Report

1.2

1.3

2. 2.1

DESCRIPTION OF SITE The application site is the substantial brick and stone-built 2/ 3 storey Victorian ‘Grosvenor Hotel’, prominently positioned at the junction between Splott Road, South Park Road, and Moorland Road. The building is currently vacant. The area surrounding the site is primarily residential terraced housing. Immediately to the front of the building is a short cul-de-sac used for parking and accessed from Splott Road, and a wide paved area with tree planting. The building occupies practically the entire site leaving a small strip to the north accessed from Moorland Road that leads to a small rear yard area. The site is not in a conservation area and the building is not listed or locally listed. The Splott Road/Carlisle Street local shopping centre is approximately 300m to the NW of the site

2.2

2.3

3. 3.1

PLANNING HISTORY 08/1759/E Resolved to grant outline planning permission subject to a legal agreement in August 2010 for demolition of existing building and a 4 storey redevelopment creating 22no. flats with basement car parking.

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4.

POLICY FRAMEWORK Relevant local planning policy and guidance

4.1

Adopted Local Plan • Policy 11 Design and Aesthetic Quality • Policy 31 Residential Open Space Requirement Deposit Unitary Development Plan • Policy 2.20 Good Design • Policy 2.24 Residential Amenity • Policy 2.57 Access, Circulation and Parking Supplementary Planning Guidance • Affordable Housing Delivery Statement (2010) • Open Space (2008) • Access, Circulation and Parking Standards (2010)

4.2

4.3

5. 5.1

INTERNAL CONSULTEE RESPONSES Housing Strategy: the Housing Strategy Officer accepts that in the current market conditions it is not viable to provide an affordable housing contribution but requests a legal agreement containing a deferred payment arrangement and/or viability review mechanism to secure a contribution up to a maximum of 40% should scheme viability improve. She comments as follows: Negotiations have taken place with the applicant as he advised that in his opinion, the site was unable to provide an affordable housing contribution on the basis of the economic viability of the overall site. Detailed development costs and associated information have been provided by the applicant, and these have been fully considered internally by the Council’s Valuation Department. Although many of the figures provided by the applicant are indicative at this stage and can be considered to be quite ‘high’, they have concluded that based on these figures and in current market conditions it is not viable for the scheme to provide an affordable housing contribution. Once the scheme is under construction they could be subject to change. Based on the above, Housing Strategy accepts that in the current market conditions it is not viable for this scheme to provide an affordable housing contribution.

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144

However, in order to future proof the s106 agreement, a deferred payment arrangement and/or viability review mechanism clause will be included within the legal agreement, up to the value of a maximum 40% affordable housing contribution, should the viability improve with any changes in market conditions. 5.3 Transportation: No objection subject to a standard cycle parking condition and a financial contribution of £16,640 towards improvements to existing bus stops and cycle facilities within the vicinity of the site. The Council’s Transportation Officer comments as follows: The adopted Access, Circulation and Parking Standards SPG confirms that the existing public house and associated hotel use would require a car parking in the range of zero to 58 spaces, based on a net bar/function area of 460 sq/m + 12 hotel beds. The proposed change of use to residential flats attracts car parking in the range of 12 to 26 spaces. It is therefore evident that the proposed use attracts a lever of car parking which is within the range that would be required for the existing use were it to be developed today. The proposed redevelopment with zero on-site spaces, consistent with the existing which has no on-site parking, is therefore considered to be policy compliant. I have also considered the SWP comments in relation to the area of highway/footway to the front of the building and suggest that it would be unusual in my experience to provide additional on-street car parking by converting (even hard) landscaping. Also, for information, it is established policy that residents of residential conversions such as this are not eligible for resident parking permits. Therefore even if the suggestion is considered positively, any parking generated could not be specifically allocated to the new flats. Notwithstanding, in the event that Planning Committee are minded to impose such a condition on the development, I would have no objection in principle to looking at a scheme to modify the area to the front of the building to regularise the currently uncontrolled parking. To conclude, it is considered that the proposed use is policy compliant and will generate no more parking demand than the existing use; and I would therefore conclude that any objection on highway grounds would be unsustainable and any reason for refusal on this basis would not withstand challenge at Public Inquiry. 5.5 Parks Services: The Parks Officer notes that no public open space is being provided on site and requests a contribution of £32,232 towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality, in accordance with Policy 31 of the Local Plan and the SPG Open Space.

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5.6

Neighbourhood Regeneration: The Neighbourhood Regeneration Officer notes that the number of units does not trigger a community facilities contribution. Drainage Management: The Drainage Engineer has no objection subject to a drainage scheme condition. Pollution Control (Noise): No comments received. PC (Contaminated Land): No comments. School Services: No comments. Waste Management: The Sustainable Planning Officer raises concerns over the capacity of the proposed bin storage area.

5.7

5.8 5.9 5.10 5.11

6. 6.1

EXTERNAL CONSULTEE RESPONSES Welsh Water: Welsh Water have no objection subject to their standard conditions. Environment Agency: No Flood Consequences Assessment report was submitted with this application. Based on the FCA Report that formed part of the previous application (08/1759/E) they have no objection provided that the development is carried out in accordance with the FCA Report. They request a condition requiring a minimum finished floor level of 7.0m. Police Architectural Liaison: The Police Architectural Liaison Officer raises no objections and makes a number of recommendations relating to security measures for the building and making better use of the short access road and wide paved area to the front of the building for dedicated parking. The response has been forwarded to the agent.

6.2

6.3

7. 7.1

REPRESENTATIONS The proposals were advertised as a major application in the press and on site, and Local Members and neighbours were consulted. A total of 4 objections have been received from local residents at 130 and 148 Splott Road, 24 Hinton Street, and 219 Moorland Road. The grounds for objection are: • No parking provision in an area where on-street parking is already difficult. The increased demand for parking space from the additional 24 flats will make matters worse for existing residents and will lead to double parking and an increased risk of accidents.

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146

• 7.3

Impact on local amenity of increased parking pressure, traffic and noise.

Suggestions made by objectors in the event that the application is granted planning permission include resurveying on-street parking provision in the vicinity to establish whether residential parking permits should be introduced, and creating more parking on the area to the front of the building to make better use of the cul-de-sac and paved landscaped area. ANALYSIS Land Use The application site falls within an existing residential area. As an existing nonresidential use within such an area the vacant public house is given no specific protection in land use planning terms. The proposed residential use is acceptable. Design The proposals rehabilitate a prominent local landmark and its retention and reuse will both preserve and enhance the area. The external alterations are limited to 3 small dormers to the rear which are not visible from any of the surrounding streets. The design raises no concerns. Access and Parking There is no objection from transportation. The proposals are policy compliant and the site is in a sustainable location within easy reach of public transport. The proposed use attracts a level of car parking (12 to 24 spaces) within the range that would be required for the existing use (0 to 58 spaces) were it to be developed today. It will therefore generate no more parking demand than the existing use and as such any objection on highway grounds would be unsustainable and any refusal on this basis would not withstand challenge on appeal. Amenity of future occupiers (floor area, daylighting and external amenity space) The flats meet the Council’s minimum floor area standards with the exception of one studio flat and two one bedroom flats located in the roof space (flat nos. 18, 23 and 24). The useable floor areas of these flats (i.e with headroom in excess of 2.0m) is approximately 23m2. The agent has confirmed that the floors of the three flats in the roofspace will be dropped as required to provide an increased useable minimum floor area. All flats have an acceptable internal layout, adequate daylighting and acceptable outlook. In the case of the flats in the roofspace the outlook is provided by the proposed dormer windows and/or velux rooflights. There is no possibility of providing any meaningful external amenity space given the footprint of the existing building although an area to the rear of about 10m2 is

8.

8.1

8.2

8.3

8.4

8.5

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shown as landscaped with some seating. Additional raised landscaping beds are also shown. Given the constraints of the site this is acceptable. A financial contribution towards improvements to amenity space in the vicinity is requested through a legal agreement. Amenity of neighbours The proposals reuse the existing building and do not propose any extensions or any new window openings. As such there are no concerns raised by the proposals in relation to overlooking or overshadowing/overbearing impact. The first and second floor windows of flats 13 and 20 overlook the rear annex of no. 5 South Park Road at a distance of about 11.5m. Given the urban context and the fact that these are existing windows, this is acceptable. Other Matters For reasons of scheme viability an affordable housing contribution is not requested by Housing Strategy. However the legal agreement will include a deferred payment arrangement to ensure that such a contribution up to a maximum of 40% be captured should the scheme viability improve with any changes in market conditions. Such a mechanism has been used on a number of recently approved schemes. Flooding: The EA response is based on the Flood Consequences Assessment Report dated October 2009 that formed part of the previous application. The requested condition requiring a minimum finished floor level is therefore no longer appropriate as the proposals are for reuse of the existing building and not for demolition and rebuild. There is no requirement for conversions to meet national sustainability standards. Representations The objections related to parking provision are addressed above. In relation to suggestions put forward by South Wales Police and some of the objectors to redesign the space to the front of the development to provide more parking this would involve the loss of some of the landscaped space. It is also established policy that residents of residential conversions are not eligible for resident parking permits and any new parking spaces could not therefore be allocated. The suggestion that the Council resurvey on-street parking provision is a matter for Highways and is not a planning consideration. In relation to the impact of increased traffic and noise on local amenity the addition of 24 flats is unlikely to give rise to significant levels of increased traffic and noise given the building’s location and former use.

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9. 9.1

CONCLUSION The proposed residential use is acceptable. The site is in a sustainable location and there is no policy requirement for off-street parking given the building’s current use. The proposals do not raise any design or amenity concerns. The granting of planning permission is recommended subject to conditions being imposed, and a s106 legal agreement that secures public open space and transportation related financial contributions as detailed above.

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PETITION FORMER LOCAL MEMBER & AM OBJECTION COMMITTEE DATE: 13/06/2012 APPLICATION DATE: 07/12/2011

APPLICATION No. 11/02053/DCI ED: APP: TYPE: APPLICANT: LOCATION: PLASNEWYDD

Full Planning Permission

Tudor Jenkins (Properties) Ltd 97-99 ALBANY ROAD & 1A ANGUS STREET, ROATH, CARDIFF, CF24 3LP PROPOSAL: DEMOLITION OF EXISTING A1 RETAIL UNIT + FLATS ON UPPER FLOORS CREATION OF NEW MIXED DEVELOPMENT OF A1 CONVENIENCE STORE SHELL WITH 3 FLATS ON UPPER FLOORS ___________________________________________________________________ RECOMMENDATION 1: That subject to interested parties entering into a binding legal agreement under SECTION 106 of the Town and Country Planning Act to cover those items indicated at Section 9 of this report, that Planning Permission be GRANTED subject to the following conditions : 1. 2. C01 Statutory Time Limit This Planning permission relates to the application as amended by the th revised plans received on 27 March 2012 detailing a revised waste storage and amenity area attached to and forming part of this planning application and to the additional information contained in the Service Management Agreement received on the 17th May 2012. Reason: The plans and documents amend and form part of the application. Notwithstanding the submitted details, the development shall be finished in accordance with a schedule of finishes and samples of materials which shall first have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details prior to beneficial use. Reason: To ensure that the finished appearance of the development is in keeping with the area and completed in a timely manner. No development shall take place until a scheme showing the architectural detailing of the fenestration has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented as approved. Reason: To ensure a satisfactory finished appearance to the

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development and approval of minor unresolved detail. 5. The development shall be provided with a scheme of sound insulation works to all party floor/ceilings and party walls in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the Local Planning Authority. The works shall be completed in accordance with the approved details prior to beneficial use. Reason: To ensure that the amenities of occupiers of the residential accommodation approved, and amenities of neighbouring adjoining occupiers/users are protected. No member of the public shall be admitted to or be allowed to remain in the retail / ancillary areas of the building between the hours of 23.00 and 07.00 on any day. Reason: To ensure that the amenity of residential tenants / occupiers of other premises in the vicinity are protected. Prior to any demolition works commencing, full details of the permanent making good of the southern elevation of 1 Angus Street and of the temporary means of protection of the western elevation of 95 Albany Road, shall be submitted to and approved in writing by the Local Planning Authority and, unless specifically agreed otherwise by the Local Planning Authority, shall be completed in accordance with the approved details immediately after the demolitions of the relevant adjacent buildings have been undertaken. Reason: To ensure for the timely making good and protection of those premises and in the interests of visual amenity. The cycle parking spaces and enclosure shown on the approved plans shall be provided prior to the development being brought into beneficial use in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the Local Planning Authority and thereafter shall be maintained and shall not be used for any purpose other than the parking of cycles. Reason: To ensure that adequate provision / opportunity is made for sustainable modes of transport and to ensure that the proposed development does not interfere with the safety and free flow of pedestrians passing along the highway. If at any time the use of the premises is to involve the preparation and cooking of hot food or bake-off activities all fumes from the food cooking/preparation areas shall be mechanically extracted to a point to be agreed with the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter; No cooking or bake off activities shall take place until such time as details of the above equipment has been submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of cooking/baking of food. The equipment shall thereafter be maintained in accordance with the manufacturers'

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guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected. 10. 11. 12. 13. 14. C1J CFSH - Stan Overarch Con Post 11/12/10 C1K CFSH - Pre-ComCon Post 11/12/10 C1L CFSH - Post Construc Con Post 11/12/10 H7G Plant Noise All commercial waste/recycling is to be stored in the property other than at times designated by the Local Authority for collection. Reason: To ensure refuse and recycling waste is stored and managed appropriately in the interests of public health and free passage of pedestrians and vehicles along the highway. All domestic waste/recycling is to be stored within the property/domestic waste enclosure, other than at times designated by the Local Authority for collection. Reason: To ensure refuse and recycling waste is stored and managed appropriately in the interests of public health and free passage of pedestrians and vehicles along the highway. No development shall take place until comprehensive proposals showing how foul and surface water flows from the site will be dealt with have been submitted to and approved by the Local Planning Authority. Reason: To ensure that sustainable urban drainage techniques are employed where appropriate. The refuse and recycling enclosure and domestic waste and recycling bins on the approved plans shall be provided prior to the development being brought into beneficial use in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the Local Planning Authority and thereafter shall be maintained and shall not be used for any purpose other than the storage of domestic waste and recycling material.. Reason: To ensure that adequate provision / opportunity is made for sustainable waste management and to ensure that the proposed development does not interfere with the safety and free flow of pedestrians passing along the highway. Prior to commencement of demolition/development a scheme of de/construction management shall be submitted to and approved in writing by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing and dust suppression facilities. The demolition/development construction shall

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thereafter be managed strictly in accordance with the scheme approved. Reason: In the interests of highway safety and public amenity. 19. No doors or windows in the development shall open over the adopted highway. Reason: In the interests of highway safety.

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and the safe development and secure occupancy of the site rests with the developer.

(iii)

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on

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Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: All development shall take place solely on the applicants land and shall not encroach onto adjoining land without the express consent of the relevant land owner.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The proposal is for the demolition of 97-99 Albany Road and its detached two storey rear workshop (1A Angus St.) and its replacement with a new build mixed use development comprising 403 m2 of retail store on ground and part first floor level (net trading area of 268m2 at ground floor level) together with three no. 3 bed flats on part first and second floor levels. The proposals represent an increase of 190m2 of retail trading area and 196m2 of operational/storage space and one additional flat unit.

1.2

2. 2.1

DESCRIPTION OF SITE As existing, the site comprises a principal mixed use retail (shoe shop) with flats above and to the rear, in a corner property with substantial two storey extension to rear, located at the junction of Albany Road and Angus Street in the Albany Rd District Centre; together with a detached two storey annexe building abutting the first residential property in Angus St. which has historically been used as an ancillary workshop (1A Angus St.). The site is bounded by another mixed use retail/residential property to the west and further retail premises to the east on the opposite corner of Angus St. All properties in the shopping terrace are three storey with accommodation in the roof space, the application premises, incorporating one of the two corner end of terrace premises, presents a larger first floor Gable projection to Albany Rd than those in the mid section of the terrace (which present smaller gables with a domestic scale projecting bay windows under). Most properties in the terrace have modern shop fronts to pavement level, but it is noted that the application premises retains a shop front of more traditional appearance. (The shop front is a large pane metal / timber glazed shop front with traditional blinds). The shop front is seen in the context of snecked brown stonework with red brickwork banding above to its forward part, giving way to extensive render work at the rear and to the annexe buildings. The property is not Listed nor is it located within a conservation area. The first adjoining residential properties in Angus St are likely post war infill; being a two storey residential terrace in red brickwork with projecting

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landscape bay windows with a canopy porch access formed under a continuous canted roof projection. Properties on the Opposite side of Angus St. are more traditional two storey terraced cottage houses common to the Roath area.

3. 3.1

SITE HISTORY Planning permission was granted for the use of the premises for A2 purposes (professional services with display windows) in 1998 but this would not appear to have been implemented.

4. 4.1

POLICY FRAMEWORK Cardiff Unitary Development Plan Deposit Written Statement Oct. 2003. Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.26: Provision for Open Space, Recreation and Leisure Policy 2.34: Retail Development Policy 2.36: District and Local Centres Policy 2.55: Public Realm Improvements Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development

4.2

Cardiff Local Plan Policies Policy 11: Design and Aesthetic Quality Policy 12: Energy Efficient Design Policy 17: Parking and Servicing Facilities Policy 18: Provision for Cyclists Policy 20: Provision for Special Needs Groups Policy 31: Residential Open Space Requirements Policy 49: District and Local Centres

4.3

SPG: Access Circulation and Parking Jan 2010 Developer Contributions for Transport Jan 2010 Open Space – Mar 2008/May 2011 Shop Fronts and Signs Oct 2011 Waste Collection and Storage Facilities Mar 2007

5. 5.1

INTERNAL CONSULTEE RESPONSES Transportation Officer: The Transportation Officer is accepting of 8 residential cycle spaces (to be

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under cover and secure) and notes an intention to install further external cycle parking which would be viewed on its merits. In respect management of the size of delivery vehicles and loading activities, whilst he would agree with a rational of attempting to control such activities, and would support the principle of the approach, in practical terms there would be little or nothing the Highway Authority could do to assist in the enforcement of such a condition. He agrees to a condition/undertaking requiring the submission of a scheme of highway improvements to the footways adjacent to the site, to be submitted prior to commencement and completed prior to beneficial occupation, being acceptable. He would also seek an additional condition such that no doors or ground floor windows shall open outwards over the highway; in the interests of pedestrian safety. 5.2 Policy/Regeneration Officer: No land Use Policy Objection, However the public realm immediately outside and in the vicinity of the application site is of a poor quality and consists of a mixture of paving materials, including black macadam and block paving which is worn and broken in places. Street furniture in the form of litter bins, cycle stands and bollards are also poor quality. The intensification of use associated with this proposal and in particular the increase in pedestrian activity associated with residents and shoppers arriving / leaving the property throughout the day and evening will impact on the use of the public realm in the vicinity of the site. Subject to the application being acceptable in all other respects, the applicant is requested to provide a financial contribution of £35,000 toward public realm improvements in the vicinity of the site. This request has been considered against statutory tests and is considered: (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development. 5.3 Pollution Control Officer: Noise Recommends conditions in respect of sound insulation, opening hours (07:0023.00), delivery hours (8am-8pm Mon-Sat and 10am-4pm on Sundays), and plant noise. In response to the submission of the service management plan, the officer welcomes the proposal to service the shop from Albany Road only, but would wish to maintain the delivery hours requested above.

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5.4

Air Pollution No comments Contaminated Land Recommends Advisory R4 (Contaminated Land) Culture, Leisure and Parks Officer: Having looked at the proposals the increase in residential units is minimal (One additional apartment) and therefore Parks will not require a POS contribution for this development.

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5.7

Highways Officer - Waste Management The demolition plan should maximise the opportunities for re-use and recycling of materials and demonstrate how off-site disposal of waste will be minimised and managed. The refuse storage, for the domestic part of this development, should provide: • • • 1x 660 litre bin for general waste 1 x 660 litre bin for recycling 1 x 240 litre bin for food waste

For the commercial element, it is suggested that a further 2 x 1100 litre bins (as a minimum) would be required. The Waste Management Officer has been notified of amended plans and further observations will be reported at Committee. 5.8 Highways Officer - Drainage It would appear that there will be an increase in hard areas and consequent run off from the completed development but there would not appear to be any scope for the use of infiltration type drainage techniques although it may be possible to utilise other forms of SUDS to reduce peak flows. A drainage condition is therefore recommended, and Dwr Cymru Welsh Water consulted.

6. 6.1

EXTERNAL CONSULTEE RESPONSES Welsh Water Have provided a standard response in respect of foul, surface and land drainage run off and advised of the location of a sewer to the rear of the site. The developer has been in separate dialogue with Welsh Water about these issues.

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7. 7.1

REPRESENTATIONS Neighbours have been consulted and Local Members (former and current) have been advised of the application. Letters of objection have been received from 19 local residents of Claude Rd, Arran St, Arabella St, Kelvin Rd, Angus St, Oakfield St, Linnet Close, Croft St, Inverness Place, Dorchester Rd, Amesbury Rd, Nant y Wedal, Woodvale Ave, and from an undisclosed address in Cyncoed, and from an e-mail correspondent, Typically they comment that: • There are too many 'convenience' supermarkets in the area as it is and parking/traffic is a nightmare…the state of the roads is awful… there is no need for the store to be there. Priority should be given to local businesses. Albany Road and surrounding area cannot support this application…in short please stop granting planning permission to the likes of Tesco’s and Sainsbury’s when there is inadequate infrastructure to support them. That the exteriors of this building should be kept intact as not to disturb the historical harmony of this Victorian area, that The use of render on the front elevation (instead of stone), destroying the symmetry with the other end unit by altering the shape of the front gable and creating a deeper fascia sign will adversely impact upon the appearance of the area, If this shop is a Sainsbury’s or some other such 'Express' shop then I fear that parking on Angus Street will become a nightmare. It's not as if we need another food shop - we have two Tesco’s nearby as well as a number of other food outlets available. That this is a beautiful, original Victorian shop front – the only one on Albany Road that still retains its original fittings / workings, and one which greatly adds to the character of the area, Where are delivery lorries going to park? At present all the traffic has to stop at the other end of Albany Road, while the Tesco's lorry backs into Inverness Place, causing hold-ups in a very busy area. Meeks shop is near the traffic lights, and similar problems will arise at what is already a congested junction. Loss of the diverse and boutique nature of the small locally owned shops.

7.2

• •

• 7.3

A petition of 282 signatures opposing the application has been facilitated and submitted by Jenny Rathbone AM. The signatories have signed to confirm that they object to the application to…

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“demolish the shoe shop at 97-99 Albany Road and replace it with a food retail outlet and increase the size of the flats above. We believe this will make traffic/rubbish problems worse in the surrounding streets and impact negatively on the character of Albany road”. 7.4 Jenny Rathbone AM objects to the development which she considers will bring the existing business on this premises to an abrupt halt and proposes to add yet another food chain supermarket to an area that is already overprovided with supermarkets. She also reports concern from her constituents regarding the proposal for a further supermarket on Albany Road; lack of parking; loss of daylight due to the height and proximity of the building; possible disturbance to satellite reception; the impact of construction work. The former Leader of the Council and former Ward Member for Plasnewydd (Cllr Rodney Burman) objected to the application: I am writing to object to the above planning application which I believe should be turned down on various of grounds as follows: - I am very concerned that giving permission for the existing long-established buildings to be demolished and rebuilt is simply not sustainable and will leave the new building as one which will be out of keeping with neighbouring properties. This is the end property in a Victorian terrace fronting Albany Road, one of the prime district shopping centres in Cardiff. From the drawings submitted, it is clear that the new building will stick out like a sore thumb particularly at first floor level where the exterior finish will be quite different from that of neighbouring properties. This will destroy the uniformity of the frontage of this block at first floor level along Albany Road and will similarity be out of keeping in relation to neighbouring properties in Angus Street. - I am concerned that a completely inadequate level of amenity space is proposed to be provided for the first floor flats. This will leave nowhere for any future occupants to hang out washing or sufficient space to for them to store waste between collections. Residual waste is now only collected once a fortnight and occupants of these flats will need somewhere to store such waste between collections. It is unclear whether the small area provided on the ground floor will be available for use by the flats as well as by the convenience store. Occupants of the fiats will therefore likely have to keep such waste in their flats between collections or else they will inevitably put it out on the pavement for collection early meaning it will form an obstacle to pedestrians. This of course could leave them liable to enforcement action from the council's waste management service which is why they should have an adequate external area within the boundary of the property where proper storage can be provided. The proposed area that is provided on the ground floor would not appear to be sufficient for both the proposed convenience store and the flats, nor would it seem to be sufficient to provide storage for all the different waste streams the council collects including dry recyclables, food waste and compostable waste other than food waste, in addition to residual waste.

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- I am concerned that the proposed layout of the flats shows that this part of what is proposed may constitute overdevelopment. The bedrooms appear to be small suggesting that too many have been crammed into the space available on the first floor. I have concerns these flats will not therefore be able to provide a quality living environment. I understand that the owner has to redevelop the property in order to activate a clause in the lease of the current tenant, A G Meek, in order to get him out. That would be a terrible shame and would not be welcomed in the local community given that A G Meek is a local family-owned business about to celebrate its centenary at this location. I do not think there is any need for this site to be redeveloped and would hope that the council's planning committee would agree and reject this application.

8.

ANALYSIS Design

8.1

Further to pre-application discussions with the Planning Officer, an initial contemporary proposal was rejected in favour of a building design better reflecting the traditional surrounding streetscape. It was explained to the agent that, although the area had no designated conservation status, it did have a local character which was likely contributory to its continued vibrancy and success, and which it was considered desirable to maintain. The agent has made significant amendments to the scheme to arrive at the present proposal, and this is welcomed. The building’s design draws on the surrounding area and retains the more prominent gable presentation to Albany Road, replicating and reflecting the slightly elevated ridge height and projection of the existing and that mirrored at the other end of the terrace. This also compliments the other corner property on the opposite side of Angus St. The dimension of the Gable presentation is not an exact replication, but is very near, and it would be unlikely that a view of the whole terrace could be obtained to perceive any variation of symmetry. The shopping frontage presentation to the back of pavement is continued. The first floor elevation is set back in line with adjacent first floor bay windows and retains a small gable projection similar to those adjacent in respect of ensuring for the continuity of the design of the terrace. The shopfront extends around the return to Angus St. as at present, but improves the presentation to Angus St by providing a more rational/intentional arrangement of upper gables and rationalised window arrangement to the rear of the building than that offered by the flat roofed rendered two storey projection currently. The palette of materials proposed reflects that in the immediate area, utilising riven roof slates, stone, and a sympathetic coloured render which is considered an improvement on that existing. The agent has also been encouraged to use reclaimed material from the original building where

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possible, but this will be dependant on its adequacy following demolition. Ultimately however, finishes can be controlled by planning condition, as recommended. 8.5 The three proposed flats would have floor areas of 83 (896); 81 (871) and 81 (871) sq m / (sq. ft.) and would each comprise a combined kitchen/lounge, 3 bedrooms, a w.c.; and a bathroom with wc and whb. It is likely that the accommodation will be marketed to students, but there is no reason why the units could not be marketed to couples or as family accommodation with bedrooms being utilised for alternative living space. Historic Merit. 8.6 As with many properties along Albany Rd the premises are Victorian in origin, but the later residential build and two storey rendered annexe suggests that they may have been subject to some war damage, and because of substantial modification would not meet the criteria to be recognised as being so nationally significant as to merit listing. Albany Road is not designated as a conservation area and, although it is accepted that the front portion of the property might be viewed as attractive/of its time by some, the building does not benefit from any protected status. Sustainability 8.8 The question has been asked of the agent as to why the existing building has to be demolished in favour of new build; and the answer returned that the existing construction is dated and does not provide for the level, quality or arrangement of accommodation desired by the applicant. The residential units proposed will be constructed to code level 3 in line with WG requirements, and a code level pre-assessment submitted with the application suggests this is achievable with a rating of 57, and 3 credits under ene1. As a new build, the building will achieve a higher level of sustainability than the existing structure currently offers and will be subject to full building regulations approvals. Residential Amenity 8.11 Currently the existing two storey rendered annexe building used as a shoe repair workshop and key cutting facility ancillary to the main retail use physically abuts the side of 1 Angus Street. This provides for a poor relationship between the buildings, especially in respect of the ground floor front bay, and ground floor rear elevation window of No. 1. due to the projection of the workshop. The proposals seek to address this and detach the bulk of the new development from 1 Angus St by means of a recessed single storey ground

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floor footprint, a gap of 6.1m at first floor level and 7.6m at second floor height. This is considered preferable to the existing arrangement and also preferable to the situation opposite between 102 Albany Rd and No. 2 Angus St where only some 3.1m detachment exists. 8.13 The development can allow for the making good of the current interface between the two buildings by means of planning condition. The window design to the rear flat within the development is also of an angle design (single sided oriel) to overcome any overlooking of rear amenity areas. This is welcomed. In respect of concerns over the scale and height of the development. As stated, the forward roof form of the building will be no different to that existing. The ridge height of the mid-section of the building to Angus Street will be 4m higher than the existing 2 storey flat roofed extension existing presently (6m flat roof to 8m eaves/11m ridge) but this would be offset by the removal of the two storey workshop building. As nearly the whole of the plot of No. 95 Albany Road is occupied by a continuous single storey extension, it is not considered that the replacement building would greatly impact on the living environment of residential or commercial operators further west along Albany Road; and would likely improve the relationship with 1 Angus Street, as above. The ridge height of the proposed building is not significantly different to that of surrounding development. Provision for Open Space, Recreation and Leisure 8.17 The Culture Leisure and Parks Officer has assessed the proposals and on the basis of there being only one additional flat unit does not require any contribution to the maintenance of parkland in the local area. The development does not provide for substantially more accommodation than that provided currently, and occupants would be well served in terms of leisure facilities and parkland in the local area. Although the proposed residential accommodation does not benefit from any private amenity space, this is not inconsistent with other upper floor flat accommodation in the area, or the existing flats on the site. Retail Development / District and Local Centres 8.20 Policy 2.36 of the Deposit UDP favours retail and other commercial development, housing and community facilities in district and local centres, subject to proposals being of a scale appropriate to the particular centre; and residential uses being favoured above ground floor level. The proposals will increase the level of retail floor space within the district

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centre by some 190m3 but in a manner contained in a building of, externally, very much traditional and local proportion, and tiered down and detached from properties in the adjacent side street in a respectful manner. The proposals also include for residential uses at upper floor levels and are therefore considered acceptable in policy terms. 8.22 The Planning Officer is aware of local unrest regarding the potential loss of the historic tenant AG Meek and further to this their potential replacement with a larger scale retail operator. A number of individuals, AMs and the local member has indicated this as a reason to resist the development, but have been advised that the planning system is not an appropriate vehicle to attempt to manage leasehold or tenancy agreement between freeholders and leaseholders or to restrict any A1 retail land use to any particular operator. Planning policy has not and does not involve itself in competition, and currently there are no planning policies to protect small businesses in district centres or other areas. However, additionally, in respect of this application, it should be noted that the proposal, although increasing the net retail sales area of the building to a total of 268m2 over the area of two units, that this is not inconsistent with other extended retail premises in the area, e.g. 47/49, 81/83, 77/79 Albany Road, and does not involve the combination of multiple units to realise relatively disproportionately larger superstores as has occurred elsewhere, e.g. 11-17, 51-57, 61-67 Albany Road. In this respect, whether operated by an independent business, local, or national chain, the unit size is not considered excessive in terms of retail trading area. Public Realm Improvements 8.25 The development Control Officer was concerned that the demolition and new build proposals would damage the already arguably substandard quality footway in the immediate area. The regeneration officer has asked for a commuted payment of £35,000 to address public realm improvements in the area against extant planning policy and draft SPG and in line with the receipt of other contributions in other district centres. The applicant’s agent has questioned the amount of the payment against the viability of the scheme, and asked for a breakdown of costs and identification of where and on what the monies would be spent. The regeneration officer has confirmed that the amount of contribution requested is based on an assessment of the impact of the development proposed, and the needs of the relevant centre, and that no single calculation or formulae are used. The applicant has been advised however that the monies would be spent within 150m of the site, and principally on highway improvements and street furniture. The developer is obviously keen to ensure that any monies provided meet the

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standard tests and are relevant to planning, necessary and are reasonably proportionate to the development applied for, and will also be of benefit to his client as well as the area generally. 8.29 In the light of the above, the agent has suggested that the relaying of the footway surrounding the development is a reasonable improvement to request, and has provisionally costed such works to the value of circa £21,000. He has suggested that these works might also be undertaken as part of the principal contract rather than relying on the programme and ability of the local authority highways division to provide them. This is not an unusual arrangement, as it is often to the benefit of all parties if Civils works are incorporated into the main contract provided they are completed to local authority standards which can be secured by planning/highways agreement. This is therefore considered acceptable and can be secured by legal agreement. Access, Circulation and Parking Requirements 8.31 Albany Road hopefully operates as much as a ‘walk to’ local shopping destination as well as an established linear district centre. It is on a principal bus route, and is in easy cycling distance of a wider peripheral area. However the Council is not oblivious to parking congestion in the area at peak times and evidently there will need to be a balance of shopper, commercial, operational and residential parking opportunities to allow such centres to operate and remain viable. It is recognised that a number of the objections received relate to lack of parking for shoppers, condition of roads, disruption caused by deliveries and vehicle and pedestrian conflict, especially when shops are serviced by 17m articulated or large tonnage delivery vehicles. From observation, most junctions in the area are double yellow line, The forelength of most side streets apart from Angus St. and Alfred St. have long term loading bays (currently designated for such uses between 7am and 5pm) and most continue to ‘resident only’ parking from early morning until evening. Albany Road itself has ‘limited waiting’ linear parking bays or kerbside parking for shoppers. Angus St is one of the few side streets with unrestricted parking at its forelength with Albany Rd. In this regard, given the finite nature of the site, trading area, and operational storage area (135m2), and the planning officer’s acknowledgement of difficulties caused by articulated vehicles having to reverse into side streets from Albany Road, which is a situation which should be further avoided if at all possible, it is not considered unreasonable for any operator to manage, as far as they are able, the scale of delivery vehicles and delivery times servicing their shops. The highways officer has been asked to consider this under the legislative powers of the Highways Act and although supportive of the idea in principle

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would not be confident of the local highway authority’s ability to enforce such restrictions under highways provisions. 8.36 From a planning perspective however, it would not seem unreasonable to request the operator to develop and bind themselves to a service management plan (SMP) in agreement with the local planning authority. To this effect the operator has submitted a document which: • • Applies to all vehicles serving the convenience store, both operator direct deliveries and third parties, and to all vehicles that have a length of more than 8m. The document provides that all deliveries will be undertaken from the kerbside from Albany Road only (as opposed to residential side roads) utilising vehicles of no greater length than 10.7m if articulated, or 9-10m ridged body between 06:00-09:00 Monday to Saturday and 07:00-09:00 on a Sunday. A typical daily delivery programme for a store of the size proposed is envisaged to comprise 4 deliveries per day. One operator direct delivery, one direct milk, and 2 bread deliveries. The typical duration of stay for a direct depot delivery is 60 minutes, and for a direct milk and bread delivery it is 5-10 minutes enabling the deliveries to be completed within a short timeframe. Drivers would take reasonable steps to minimise unnecessary noise during delivery and refuse collection operations which would be a combined activities.

8.37

From the above, it is considered that the operator is making best efforts to manage the servicing of the store to effect minimum disruption to all parties, and given the otherwise unmanaged loading opportunities in the area, is welcomed. The Transportation Officer’s comments in respect of cycle parking are noted. And the latest revised plans indicate 8 No domestic cycle parking spaces and an offer to provide an additional highway space as part of the main contract works. This is considered adequate in the given context and current facility of the site. Air, Noise and Light Pollution

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8.39

Provided that the building is provided with adequate sound insulation between all party walls and floors it is not considered likely that noise transmission between adjacent users will be problematic. The Pollution Control Officer’s observations are noted in respect of delivery times, however, the Planning Officer is of a view that, overall, despite the earlier delivery window suggested, the SMP offered by the applicant/operator would appear to better provide for the amenity of occupiers in the residential side streets, and that those choosing to occupy residential property along the

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commercial frontage of Albany Rd. should be accepting of a certain increased level of activity commensurate with the operation of those uses, as apply to many properties within the city centre. Restriction of deliveries between 06:00-09:00 Monday to Saturday and 07:0009:00 on a Sunday is therefore considered reasonable within the context of the SMP offered by the applicant, which restricts deliveries to Albany Road only. Although such hours are more generous than those requested by the Pollution Control Officer, they would allow a more reasonable and practical opportunity for deliveries which may be coming some distance and, in the context of the otherwise unrestricted delivery hours applying to historic/established retailers in the area, the Service Management Plan Agreement is considered an improvement on the existing situation. 8.41 Any potential nuisances related to ancillary cooking or bake-off operations associated with a retail use can be mitigated against by means of fume extraction condition. Provision for Waste Management Facilities in Development 8.42 The waste management officer’s observations are noted as are the preferred waste receptacle arrangements advised within Supplementary planning guidance. However the developer’s proposed use of a greater number of smaller capacity domestic receptacles for domestic wastes is not objected to, provided they are screened behind an appropriate enclosure off of the highway. This can be controlled by condition. Commercial waste (predominantly envisaged as packaging outers) is proposed to be stored inside the premises and collected by merchandise delivery vehicles on trolley cages as outlined in the service management plan. There is therefore no reason for waste to be stored or presented to the highway for collection, other than on designated days of domestic refuse collection where domestic bins will need to be accessed from Angus St. The arrangements are therefore considered acceptable and can be controlled by condition. Should any operator wish to use Local authority or private waste carrier services, there is considered adequate space within the building to store large scale receptacles if required.

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9. 9.1

LEGAL AGREEMENT For clarity, this proposal is only considered acceptable subject to the developer entering into a binding legal agreement with the local authority under S106 of the Town and Country Planning Act to ensure for:

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The undertaking of a scheme of highway improvement works to include the reinstatement/renewal of the footway to the perimeter of the site, rekerbing, street furniture, and all relevant utilities to the satisfaction of the local authority and prior to the beneficial use of the retail store approved. The agreement of the operator to service the property in accord with the terms of the submitted Service Management Plan (SMP)

10. 10.1

CONCLUSION That Planning permission be granted subject to the signing of the legal agreement indicated in S9 of this report and subject to planning conditions as recommended.

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2 X LOCAL MEMBER OBJECTIONS PETITION OF OBJECTION COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 13/06/2012 12/00084/DCI APPLICATION DATE: 24/01/2012

ADAMSDOWN Full Planning Permission

Mrs James, CPS Homes FORMER RUMPOLES, MOIRA TERRACE, ADAMSDOWN, CARDIFF, CF24 0NE PROPOSAL: PROPOSED RE-DEVELOPMENT OF RUMPOLES PUBLIC HOUSE TO FORM COMMERCIAL UNITS TO GROUND FLOOR & 36 RESIDENTIAL UNITS OVER _____________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the following reasons: 1. The proposals, by virtue of their siting, scale and design represent an overdevelopment of the site that does not have proper regard to the scale and character of the adjoining residential development contrary to Planning Policy Wales (para 4.10.9), TAN 12, LP Policy 11, UDP Policy 2.20 and SPG Tall Buildings. The proposals, by virtue of their siting and scale, represent an unneighbourly form of development that will cause unacceptable harm to the amenity of the residents of Adams Court as a result of their overbearing impact and the overshadowing of the communal gardens, contrary to UDP Policy 2.24 and SPG ‘Residential Design Guide’. The proposals provide insufficient and inadequate external amenity space for the future occupants of the development contrary to UDP Policy 2.24 and SPG ‘Residential Design Guide’.

2.

3.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The detailed application is for demolition of the existing Rumpoles PH and the construction of an 8 storey mixed use development comprising 2no. commercial units at ground floor and 25no. 1 bedroom flats and 11no. 2 bedroom flats to the upper floors.

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1.2

The proposed commercial units at ground floor are 43m2 and 205m2; their uses are not specified in the application form although the Design & Access Statement refers to A3 uses excluding takeaways, access is from the corner of Moira Terrace and Windsor Road. The main entrance to the flats is from Moira Terrace via a central circulation core located on the north side of the building directly opposite the gable wall of the Adams Court flats to the north. The circulation core gives access to two roof terraces at fifth floor level for the use of all residents. The approx. 45m2 terraces are separated from each other by the circulation core. One looks out to the west towards the Magistrates Court building and the area of open space immediately to the north of HM Prison, and the other looks out to the north east over the landscaped courtyard and parking area serving Adams Court. One flat on floor 5 and 2no. flats on floor 7 have large balconies facing south and west; 2no. flats on floor 6 have small bedroom balconies facing south. The flats vary in size from about 40m2 to 65m2 and all flats enjoy adequate levels of daylighting and an acceptable outlook. An existing service road accessed from Windsor Road is retained and gives access to the binstores and doors to the rear of the two commercial units and to a fire exit for the flats. The building is considerably larger than the Rumpoles PH and three storeys higher than the Adams Court flats. The top floor is set back and the building steps down from 8 storeys to 5 storeys at its northern end where it adjoins the Adams Court flats. The footprint of the building is the same as the existing building to the front but extends at the rear to include the garden area. The ground floor is largely glazed and presents an active frontage to the corner. The upper floors are a mix of buff brick and off-white through coloured render. The top floor, circulation core and panel on the Adams Court elevation are finished in a dark ‘RockPanel’ cladding system. The roof is flat. No off-street car parking is proposed. A bike store with capacity for approximately 12 bikes is provided. Sustainability: The BREEAM Report indicates that the building will achieve a Code for Sustainable Homes Level 3 rating.

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1.4

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1.13

The following information is submitted: • Design and Access Statement • BREEAM Report • Economic viability assessment

2. 2.1

DESCRIPTION OF SITE The application site is a corner site currently occupied by a 2 storey building with vacant PH to the ground floor (‘Rumpoles’) and residential accommodation over. It is a brick building with pitched roof surmounted by a clock tower. The site is flat and roughly square in shape with an area of approx. 0.4ha. There is a vehicular access from Windsor Road. Immediately to the north and east is the 3 / 4 storey crescent-shaped Adams Court flats and landscaped courtyard and parking area. To the south to the other side of Windsor Road is the Adam Street Fire Station currently being redeveloped for student housing (see related planning history). To the west and north-west is HM Prison and the Cardiff City Law Courts. There is a park (Cemetery Gardens) within easy walking distance and the site is reasonably well served by public transport. The gable wall of the Adams Court flats, which is at a distance of approximately 2.5m from the north wall of the proposed development, has 3no. windows serving an internal access corridor.

2.2

2.3

2.4

3. 3.1

PLANNING HISTORY 10/1989/DCI: Planning permission resolved to grant, subject to S106 – not signed, for demolition of existing public house and construction of mixed use development consisting of offices/restaurant/café at ground floor and 7no. 2 bedroom and 15no. 1 bedroom flats to upper floors. Related planning history

3.2

Planning permission granted at appeal for demolition of fire station to provide new smaller fire station and 540 bed student housing development on Adam Street (application ref. 10/1256/DCI). The proposals include tall buildings ranging from 4 storeys to 9 storeys. The 9 storey building is located directly to the south of the application site on the other side of Windsor Road at a distance of about 22m at its closest point. Work has started on site.

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4. 4.1

POLICY FRAMEWORK The application site is located within an existing residential area as defined by the City of Cardiff Local Plan, next to the City Centre Principal Shopping and Business Area. The following Local Plan policies are considered to be of particular relevance: Policy 11: Design and Aesthetic Quality

4.2

4.3

The following deposit Cardiff Unitary Development Plan policies are of particular relevance: Policy 2.20: Policy 2.24: Good Design Residential Amenity

4.4

Relevant National Policy Guidance Planning Policy (Wales) 2010 TAN 12: Design

4.5

The following Supplementary Planning Guidance (SPG) is of relevance: Residential Design Guide (2008) Objective 2.2 Amenity and open space; Objective 2.3 Residential amenity. Tall Buildings Design Guide (2009) City Centre Strategy 2007-2010

5. 5.1

INTERNAL CONSULTEE RESPONSES Housing Strategy: The Housing Strategy Officer accepts that, in the current market conditions, it is not viable to provide an affordable housing contribution but requests a legal agreement containing a deferred payment arrangement and/or viability review mechanism to secure a contribution up to a maximum of 40% should scheme viability improve. She comments, as follows: Development costs and associated information have been provided by the applicant as he advised that, in his opinion, even though he has increased the number of units on the scheme from the previous planning application (10/01989/DCI), the scheme is still unable to provide an affordable housing contribution on the basis of the economic viability of the overall scheme.

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The development costs and associated information have been fully considered internally by the Council’s Valuation Department. They have concluded that, based on the figures presented at this particular time, in the current market conditions, it is not viable for the scheme to provide an affordable housing contribution. Housing Strategy accepts their appraisal that, at this particular time, it is not viable for this scheme to provide an affordable housing contribution. However, in order to future proof the S106 Agreement, a deferred payment arrangement and/or viability review mechanism clause will be included within the legal agreement, up to the value of a maximum 40% affordable housing contribution, should the viability to improve with any changes in market conditions as the scheme progresses. 5.3 Parks Services: The Parks Development Officer notes that under current policy the proposed development is subject to Policy 31 of the Local Plan (Provision of open space on new residential developments). As no recreation/play space is being provided on-site the developers will be required to make a financial contribution towards the provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality. Utilising the residential information forwarded to him he calculates the contribution to be in the sum of £49,590. The use of the contribution will be determined in accordance with the approved procedure which requires consultation with Planning and Members. Community Facilities: The Community Facilities Officer notes that under current policy the proposed development is subject to Policy 21 of the Local Plan (Land for Housing). As no community facilities are being provided on-site the developers will be required to make a financial contribution towards the provision of additional community facilities off-site or the improvement of existing community facilities in the locality. Utilising the residential information forwarded to him she calculates the contribution to be in the sum of £21,096. The use of the contribution will be determined in accordance with the approved procedure which requires consultation with Planning and Members. Transportation: The Council’s Transportation Officer has no adverse comments subject to imposition of standard cycle parking, no takeaway sales and construction management plan condition. He notes that the proposed commercial area is no larger than the existing commercial area and that SPG parking standards allow for zero residential parking provision in the Central Area. He concludes that any objection on parking grounds would be unsustainable in the event of an appeal.

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5.8

Highways and Waste Management: The Drainage engineer has no objection and requests a SUDs condition requiring permeability tests to be undertaken. Pollution Control (Noise & Air): No objection subject to standard conditions on opening hours, plant noise, kitchen extraction, road traffic noise, sound insulation, amplified music, and a recommendation on construction site noise. Pollution Control (Contaminated Land): Request a standard Contamination and Unstable Land Advisory Notice. Waste Management: The Sustainable Planning Officer notes that two further refuse storage areas must be identified for the commercial waste generated from the ground floor units. Commercial and domestic waste must not be mixed. She provides details of refuse storage provision required for the 36 apartments. Her comments have been forwarded to the agent.

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5.11

6. 6.1 6.2

EXTERNAL CONSULTEE RESPONSES Welsh Water: Welsh Water raise no objections. Environment Agency Wales: The Planning Liaison Officer has considered the Flood Consequences Assessment Report and has no objection. Police Architectural Liaison: The Police Architectural Liaison Officer refers to her previous report in which it is noted that there is no off-street parking and requests that some parking provision is provided. The report also recommends that a number of security measures are put in place. The advice has been forwarded to the agent.

6.3

7. 7.1

REPRESENTATIONS The proposals were advertised as a major application in the press and on site, and Local Members (former and new) and neighbours were consulted. One representation was received from a Local Member (Cllr. Nigel Howells) objecting to the application on the following grounds: • Overdevelopment of the site • No open space provided • No off-street parking provided • Loss of privacy for residents of Adams Court and Newtown Court and for Cardiff Prison

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The development site is not on a bus route and access to nearby public transport is poor - raising question marks over the sustainability of the development.

7.3

One representation was received from former Councillor, John Dixon, objecting to the application on the same grounds as Cllr. Howells. A petition organised by the Adamsdown Lib Dem Focus Team and containing over 200 signatures of local residents was received on 12.3.12 objecting on the grounds that the proposals are a total overdevelopment of the site. In particular, the fact that the proposals provide no on-site parking will significantly reduce the quality of life of existing residents through increased parking and traffic issues. One representation was received from a Cardiff resident supporting the application on the grounds that the city needs a denser urban grain with building heights of 6 – 12 storeys that enable retail and other uses on the ground floor.

7.4

7.5

8.

ANALYSIS Land Use The application site is located within an existing residential area as defined by the City of Cardiff Local Plan. The residential element of the application is therefore considered acceptable in land use policy terms. The site is located adjacent to the City Centre Principal Shopping and Business area and is currently occupied by a vacant pub. Given the site’s location and its former commercial nature, the café/restaurant uses at ground floor level raise no land use policy concerns. Design The Design and Access Statement in the section entitled Existing Area Context refers to the development consented for the Adam Street fire station site (10/1256/DCI - currently under construction) stating that it will significantly alter the character and appearance of the area. It seeks to justify a significantly larger building by arguing that the 9 storey building proposed for the other side of Windsor Road as part of the fire station site development creates a precedent for allowing a taller building on this site. The consented scheme (10/1989/DCI) was recommended for approval on the basis that this was the maximum building envelope (5 storeys with a 4 storey element to the north) for this site. The justification was that the prominent corner site could support a taller building than the existing Rumpoles development provided that it was not significantly taller than the adjoining Adams Court development since this would be contrary to both the LP Policy 11 Design and Aesthetic Quality and the UDP Policy 2.24 Residential Amenity.

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8.5

The new proposals show an 8 storey building with a 5 storey element to the north with no additional amenity space. In considering whether the fire station consent creates a precedent for a taller building on the Rumpoles site it is important to recognise that the fire station site is a significantly larger city centre site that has a degree of policy support for the comprehensive redevelopment proposals incorporating tall buildings by virtue of its inclusion in the LP City Centre Business District and within the ‘Urban Fringe Area’ as defined by the City Centre Strategy 2007-2010 document. The buildings being demolished to make way for the student housing development were commercial/industrial. The Rumpoles site by contrast is located in an area allocated for residential use in the LP (i.e. not in the City Centre BD or the Urban Fringe Area) and is an integral part of the residential development to the north of Windsor Road comprising Adams Court and Newtown Court. These blocks are 3/4 storey in height and are arranged around generous south-facing communal gardens. Tall Buildings SPG applies to buildings of 8 storeys or more within the City Centre. Outside of the City Centre buildings which are double or more than double height of surrounding properties or are also significantly taller than the background buildings are also considered tall buildings. In this case the proposals are approx double the height of the Adams Court development of which they form part and significantly taller than the 5 storey Law Courts to the north-west. This will be very apparent in the view from Adam Street to the south. The SPG therefore applies. The SPG states that outside of the City Centre and Cardiff Bay proposals for tall buildings will not be supported unless they can demonstrate exceptional circumstances. The applicant argues that the proposals together with the fire station proposals will form a small cluster at an important intersection on the city edge that will improve legibility by more clearly defining the edge of the city in views looking SE from Fitzalan Place. The SPG is clear that tall buildings could be supported in this context at city centre gateways or where they can mark locations of civic or visual importance such as town centres and major public transport interchanges. The location does not however meet these locational criteria. Furthermore the SPG states that tall buildings should generally be located within an existing cluster or form part of a proposal to create a new cluster and defines a cluster as a group of buildings which are visually cohesive. The proposals should therefore demonstrate the ability to raise the quality and coherence of any existing cluster.

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8.12

The proposals are however an extrusion of the approved scheme and no material is provided that demonstrates how either the location (other than proximity) or the design takes into account the fire station proposals. No key views analysis is provided to assess whether or not the proposals might enhance the surroundings or the city’s skyline. The SPG states that it is essential that the design and appearance of tall buildings are of exceptional quality. As stated above the proposed elevational treatment and materials is very similar to the approved scheme but 3 storeys taller. The result is a top heavy and bulky design that lacks coherence and elegance. It remains my view that the context within which applications for the redevelopment of the Rumpoles site need to be assessed is primarily the scale and character of these residential developments. Amenity considerations The DAS refers to the need to protect the amenity of Adams Court residents and states that the northern lower part of the development (adjacent to the existing flats), although 1 storey higher than that approved, is the same at 14m. Scaling from the plans it is in fact 14.4m high which is 1.0m higher than the previously approved plans (4 storeys and 13.4m). However the DAS does not consider the impact of the 8 storey element of the proposals which at 22.8m is 7.0m higher than the approved scheme (5 storeys and 15.8m). Overshadowing studies compare the impact of the proposals at the March equinox and winter and summer solstices at 06:00, 09:00, 12:00, 15:00 and 18:00 hrs, with the impact of the previous scheme and conclude that the difference between the 2 schemes is immaterial in relation to overshadowing of Adams Court. The applicant has chosen to compare the proposals with the previous scheme. The studies were requested on 22 March 2012 but not received until 29 May 2012 and there was no time left to request a comparison with the existing situation which would be of more use in assessing the impact of the proposals. The report for the previous scheme (10/1989/DCI) made reference to the overshadowing impact of the 5 storey building. It states that overshadowing will be from late morning onwards and would mainly affect the Adams Court parking area, with little or no increased overshadowing of the grassed communal garden area. The proposals under consideration are, however, 7.0m higher and likely to result in a significant overshadowing and overbearing impact on the Adams Court community garden. The studies demonstrate this to be the case. At 3.00pm on the March equinox, the greater part of the Adams Court communal garden will be in shadow. The

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conclusion is, therefore, that from early afternoon onwards the proposals will overshadow a significant area of the communal garden and that this situation will be worse from September to March. The only time of year when the proposals will not overshadow the communal gardens to any significant degree is midsummer. 8.20 It seems therefore safe to conclude, on the evidence presented, that a significant area of the Adams Court communal garden will be overshadowed in the afternoon as a result of this development for up to nine months of the year. The proposals will also have an overbearing impact on the communal gardens and represent an unneighbourly form of development. There will be some reduction in daylighting to the rear habitable room windows of the three Adams Court flats closest to the site, with the ground floor flat being most affected, and this will be made marginally worse by the increase in height. The reduction of daylighting is not however likely to be significant given that these flats will continue to enjoy their outlook to the east and is not a reason for refusal. The effect of increasing the number of units from 22 to 36 is to put more pressure on the limited external amenity space provided by the roof terraces. The increase in height of the building and the associated circulation core by about 9m increases the overshadowing of these terraces and will make them feel more enclosed and less attractive. Transport Access and Parking: The proposals utilise an existing access and are policy compliant in terms of parking provision. There is no objection from Transportation. Representations: Regarding the objections from Local Members and the grounds for objection in the petition the recommendation reflects the valid concern relating to overdevelopment of the site. The proposals are policy compliant in relation to parking provision and Transportation raise no objection. In relation to privacy concerns there is no direct overlooking of Adams Court windows and at a distance of 50m from the prison does not result in overlooking.

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8.24

8.25

9. 9.1

CONCLUSION In conclusion the proposals do not raise any land use or transportation concerns. It is, however, an insensitive overdevelopment of the site that is out of scale and character with its immediate surroundings. It dwarfs the neighbouring residential development and will have a detrimental impact on the residential amenity of the

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Adams Court development. It also fails to provide sufficient and adequate external amenity space for the future occupiers. It is therefore contrary to LP policy 11, UDP policies 2.20 and 2.24, and SPG Residential Design Guide. 9.2 It is therefore recommended that planning permission be refused.

183

rth No

Original Sheet Size

ADAMS COURT

1800mm High close lap timber boundary fence & gate

Terrace

Terrace

Flat Roof

W

Flat Roof

IN

D

S

O

R

R

O

A

D

Site Location Plan
1 : 1250

Planning Issue
date rev name chk note

FITZALAN PLACE

ADAM STREET(Fire station & student development)

design line partnership
Architectural Design: Planning - Building Control - Surveying - Listed Building & Conservation Consents

Systems House 89 Heol Don Cardiff CF14 2AT T 02920316857 M 07785582007 info@designlinepartnership.com
PROJECT

Rumpoles Redevelopment Moira Terrace, Cardiff, CF24 0NE

DRAWING TITLE

Site Plan as Proposed

SCALE

DATE

DRAWN BY

CHECKED BY

As indicated

13/12/11

Pete Legg

BJ
REVISION

Site Plan
1 : 500

184

SITE AREA: 509m2

DRAWING NUMBER

P236

002

No rth

AMENDED PLAN 12/00084/DCI 01.02.2012

Responsibility is not accepted for errors made by others in scaling from this drawing. All construction information should be taken from figured dimensions only.

0mm

50mm

A3

M O IR A T E R R A C E M A ET D A RE T S
ss ce Ac rip St

Responsibility is not accepted for errors made by others in scaling from this drawing. All construction information should be taken from figured dimensions only.

0mm

50mm Original Sheet Size

A3

Finishes Key:
1 - Aluminium pressed metal frame & glazing system Colour grey 2 - Rockpanel 'Rockclad' cladding system - Colour RAL 3004 3 - Facing brickwork Ibstock 'Cheddar Golden' 4 - Through colour acrylic render system - Colour off white

View from Moira Terrace

View from Windsor Road / Adam Street

Planning Issue
date rev name chk note

design line partnership
Architectural Design: Planning - Building Control - Surveying - Listed Building & Conservation Consents

Systems House 89 Heol Don Cardiff CF14 2AT T 02920316857 M 07785582007 info@designlinepartnership.com
PROJECT

Rumpoles Redevelopment Moira Terrace, Cardiff, CF24 0NE

DRAWING TITLE

Perspective Views 1 of 3 as Proposed

SCALE

DATE

DRAWN BY

CHECKED BY

1 : 200
DRAWING NUMBER

08/12/11

Pete Legg

BJ
REVISION

View from Fitzalan Place

185

P236

220

COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 02/02/2012

APPLICATION No. 12/00165/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: CATHAYS

Full Planning Permission

Sydney and Cardiff Properties CAR PARK AT ST ANDREWS LANE, CARDIFF ERECTION OF STUDENT ACCOMMODATION BLOCK (84 SELF CONTAINED ROOMS) WITH GROUND FLOOR AMENITY SPACE ______________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.4 and 5.5 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans numbered 100A, 101A, 102A, (90)102A, 103A, 200A, 300A, 301A, 302A, 401 and 402, attached to and forming part of this planning application. Reason: The plans amend and form part of the application. E1B Samples of Materials No development shall take place until a scheme showing the architectural detailing of the principal elevations of the building has been submitted to and approved in writing by the LPA and the development shall not be brought into beneficial use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the building. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997(or any Britsh Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Unitary Development Plan and guidance contained within the adopted SPG Restaurants, Takeaways and other Food and Drink Uses (1996).

3. 4.

5.

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E7G Railway Noise F7G Railway Vibration The two operational car parking spaces shown on the approved plans shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purposes other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway. No development shall take place until details showing the provision of 36 cycle spaces under cover and secure for residential use and 8 cycle spaces for visitors have been submitted to and approved in writing by the LPA. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of bicycles. No part of the development hereby permitted shall be occupied until a travel/parking/traffic/resident/letting management plan to include the promotion of public transport and other alternatives to the private car; the management of traffic at the start and end of term; the control of vehicular access to the site; the exclusion and control of student resident car parking within the site and surrounding area, has been submitted to and approved by the Local Planning Authority. The approved management plan shall thereafter be implemented throughout the duration of the development. Reason: In the interest of highway safety and to regulate the impact of the development on use of the adjacent highway. No part of the development hereby permitted shall be commenced until a scheme of construction management has been submitted to and approved by the Local Planning Authority, including details of site hoardings, site access and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity. No part of the development hereby permitted shall be commenced until a scheme of highway improvements to the full width of St Andrews Lane from the junction with St Andrew’s Place to the junction with Dumfries Place, in accordance with the principles shown on the site plan (drawing no. (90)102A), has been submitted to and approved in writing by the LPA. The scheme shall comprise the realignment of the kerb and widening of

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the footway to the east of the Lane adjacent to the site and the completion/realignment of the footway to the west of the Lane, including resurfacing of the footways and carriageway where necessary, provision of kerbs and edging, and the provision/renewal of street lighting and street furniture as may be required as a consequence of the development. The agreed scheme to be implemented to the satisfaction of the LPA prior to beneficial occupation of the site. Reason: To ensure the reinstatement of the adjacent public highway in the interests of highway and pedestrian safety and to facilitate access to the proposed development. 13. No development shall take place until full details of all proposed tree planting have been submitted to and approved in writing by the Local Planning Authority. These details shall include schedules of species, sizes, numbers or densities; the methods of planting, staking, protection, mulching and after care and an implementation programme. Unless otherwise agreed in writing with the Local Planning Authority, the tree planting shall be carried out in accordance with those details and at those times. Reason: To maintain and improve the appearance of the area in the interests of visual amenity. Any topsoil (natural or manufactured), or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced. 15. 16. 17. 18. E7Z Imported Aggregates C7S Details of Refuse Storage C2N Drainage details The building hereby permitted shall be constructed to achieve a minimum ‘BREEAM’ overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions).

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Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. 19. Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. Prior to the occupation of the individual building hereby permitted, a ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

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RECOMMENDATION 2: The highway works condition and any other works to the existing public highway (to be undertaken by the developer) are to be subject to an agreement under Section 278 Highways Act 1980 between the developer and Local Highway Authority. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a

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site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

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DESCRIPTION OF PROPOSED DEVELOPMENT The proposal is for the construction of an 84 bed student accommodation block on a private car park at the rear of Dumfries House. Amended drawings have been received addressing issues of scale (reduction in height by one storey), roof design and architectural treatment. The trapezoidal shaped building fully occupies the site and has a ground floor with entrance and communal facilities, five storeys over, each containing 15 rooms, and a sixth half storey set back from the St Andrews Lane containing 9 rooms. The core with entrance stairs and lift is located at the southern end of the building fronted by a generous area of realigned pavement, and the ground floor presents a glazed active frontage to the Lane along most of its length. The ground floor comprises reception and foyer, common room, gym and media room. Access to the bins and bike store is to the rear of the building The main elevation to the building faces St Andrew’s Place to the north and is located at the top of a slight rise. The elevation is vertically split by a full height glazed element into the lower 6 storey stone clad element fronting St Andrew’s Lane and the higher 7 storey element clad in metal facing on to the railway. The

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breaking up of the building’s mass in this view is further emphasised by the vertical stack of bathroom pods expressed in a contrasting material. 1.6 The elevation to the east consists of angled fenestration looking north (thus avoiding direct overlooking of the railway) within a stone framing feature that is linked to the north elevation by a strong curved corner. The west elevation fronting the Lane is a classically proportioned stone clad elevation made up of the vertically proportioned studio bedroom windows with recessed angled reveals to add interest and allow more sunlight to enter the rooms. The greater part of the elevation to the south is masked by Dumfries House and is essentially a blank gable. The SW corner of the building is however prominent in views from Windsor Place and contains the entrance and full height glazed corner to the stair and lift core. The top storey or so of the building will be seen in views from the conservation area and the top floor has therefore been set back from the St Andrew’s Lane frontage (essentially occupying only half of the floorplate) and fully glazed. Materials are predominantly natural stone cladding and metal cladding with an area of stone rubble waling at ground floor to define the entrance and extensive areas of glazing to the top storey and the north elevation. The entire lane from its junction with St Andrew’s Place to its junction with Dumfries Place will be improved including realignment of kerbs to rationalise pavements to both sides of the Lane, and resurfacing where necessary. Sustainability The building aims to achieve a BREEAM ‘Excellent’ rating. However a BREEAM Pre-Assessment report has not been provided. The following additional information is submitted: Design and Access Statement. Rendered images of the proposals illustrating the impact on the conservation area.

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DESCRIPTION OF SITE The site is on the east side of St. Andrew’s Lane. It is currently a private car park primarily for the use of the tenants of Marchmount House. The site is bounded to the west by St Andrew’s Lane and the Windsor Place Conservation Area and to the north and north east by the access road to the Dumfries Place NCP multistorey car park and the Valleys railway line to Cardiff Central. To the north of the NCP access road is a triangular area of landscaping and to the other side of the railway line is the Senghenydd Court Halls of Residence – a

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predominantly 4 storey 1970s development. The site is bounded to the south by the access to the Dumfries House undercroft car park and by Marchmount and Dumfries House, a substantial brick built 4/5 storey high 1990s office block with pitched roof on Dumfries Place. 2.3 An electricity substation is located on the site. Its removal and relocation to the vacant triangular area of land to the north of the site will require the submission of a separate planning application. The site is within the Central Business District and on the edge of the Windsor Place Conservation Area (CA). The buildings to the west of St Andrew’s Lane are within the CA and form part of the imposing crescent of Victorian villas on St Andrew’s Crescent. The rear of these buildings have been altered considerably over time and in general present a poor quality frontage to the Lane. However it should be noted that some of the rear extensions such as the Martin Tinney Gallery and no. 14 St Andrew’s Crescent are of such a scale as to create more of a feel of a primary frontage to a street rather than a rear service lane. The public realm is generally in poor condition with an irregular and discontinuous pavement and unnecessary traffic island at the entrance to the Marchmount/Dumfries House car park. The northern part of St Andrew’s Place is a two-way road used primarily for vehicular and pedestrian access to the NCP and Dumfries/Marchmount House car parks. To the south of the site the road is one way leading to the junction with Dumfries Place. The Lane is quite heavily used by pedestrians accessing the city centre via the Windsor Place crossing. The site is a short walk from Cathays and Queen Street railway stations, close to several bus stops and within easy reach of the University and the City Centre.

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PLANNING HISTORY No relevant planning history. Related planning history • 08/2189/DCI Planning permission granted in November 2008 for 3 storey rear extension to 14 St. Andrew’s Crescent

4. 4.1

POLICY FRAMEWORK The policy framework for this advice is as follows: • Planning Policy Wales (Edition 4, February 2011) • City of Cardiff Local Plan (Adopted January 1996) • Deposit Cardiff Unitary Development Plan (2003)

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The following Local Plan policies are considered to be of particular relevance: • Policy 11 Design and Aesthetic Quality • Policy 12 Energy Efficient Design The following deposit Cardiff Unitary Development Plan policies are of particular relevance: • Policy 2.20 Good Design • Policy 2.24 Residential amenity • Policy 2.55 Public Realm Improvements • Policy 2.57 Access, Circulation and Parking The following Supplementary Planning Guidance (SPG) is relevant: • Windsor Place Conservation Area Appraisal (2009) • Open Space (2008) • Access, Circulation and Parking Standards (2010) • Cardiff Residential Design guide (2008) • City Centre Strategy (2007-2010) • Northern Professional Office Area Planning Brief SPG (March 2000) • Infill Sites (2011) Relevant National Policy Guidance • TAN 12: Design

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INTERNAL CONSULTEE RESPONSES Neighbourhood Regeneration: The Regeneration Officer notes that as there are adequate on-site communal facilities provided there is no requirement for an offsite contribution towards the improvement of community facilities in the vicinity. Transportation: The Council’s Transportation Officer raises no objection subject to conditions relating to operational parking spaces, cycle provision, a combined traffic management plan and travel plan, a construction management plan and highway improvement works. He makes the following comments: The adopted Access, Circulation and Parking Standards SPG confirms that one parking space per 25 beds may be provided for operational use, amounting to a maximum of four spaces for the proposed development; there is no requirement for on site residential or visitor car parking. I am therefore satisfied that subject to the cycle parking condition, the application is compliant with adopted parking policy on the basis of the two operational parking spaces proposed. It should be noted that the incoming residents would not qualify for Resident Parking Permits (should such a scheme be introduced in the vicinity of the site).

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As identified in the comments from Strategic Regeneration, the footways and public realm bordering the site and connecting with adjacent streets is generally of a poor quality. The footways are surfaced with large concrete paving slabs that are worn and broken in places, the dropped crossing points do not incorporate tactile paving and the north-south pedestrian route has to negotiate its way around a vehicle highway layout that impacts on use, permeability and legibility. Given the nature of the development and the introduction of residential accommodation where none previously existed, for residents that will not have access to car parking and therefore be more reliant upon walking, cycling and public transport; and taking into consideration the development’s impact on the public realm within the vicinity of the site; I would fully support the improvement works along St. Andrew’s Lane identified in the comments from Strategic Regeneration. I have previously responded to the objection from NCP as far as it relates to highway safety. 5.4 He requests a financial contribution of £15,600 towards cycle and pedestrian improvements, crossing facilities and cycle lanes/ASL, and bus public transport improvements, bus boarders, on St. Andrew’s Place in the vicinity of the development. Parks Services: The Parks Officer notes that under current policy the proposed development is subject to Policy 31 of the Local Plan (Provision of Open Space on New Residential Developments). As no recreation space is being provided on-site the developers will be required to make a financial contribution towards the provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality. Utilising the residential information he calculates the contribution to be in the sum of £44,546. This is in accordance with the Open Space SPG and is based on 84 student bedrooms. The use of the contribution will be determined in accordance with the approved procedure which requires consultation with yourself and Members. The baseline figure for open space provision for student accommodation excludes the playground element of typical public open space provision. Drainage Management: The Drainage engineer has no objection subject to a condition requiring permeability testing to establish the viability of sustainable drainage techniques and the submission of a drainage scheme. Pollution Control (Noise & Air): No objection subject to standard conditions on plant noise, road traffic noise, railway noise, and railway vibration. A recommendation on construction site noise is requested.

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Pollution Control (Contaminated Land): No objections subject to standard conditions on imported soil and aggregates and a contamination and unstable land advisory. Waste Management: The Sustainable Planning Officer raises concerns over the capacity of the proposed bin storage area and requests an ‘in depth waste strategy’ detailing volumes of waste and segregation for recycling.

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EXTERNAL CONSULTEE RESPONSES Welsh Water: Welsh Water have no objection subject to their standard conditions. Western Power Distribution: Information is provided on their apparatus in the vicinity of the proposed works. The advice has been forwarded to the agent. Police Architectural Liaison: The Crime Prevention Design Advisor has no objection and makes a number of recommendations relating to security. The advice has been forwarded to the agent. Network Rail: No objection in principle subject to a number of comments and requirements for the safe operation of the railway and the protection of Network rail’s adjoining land. Central Area Conservation Group: Proposals acceptable subject to a reduction in height so that the development is not visible from the conservation area and relocating waste storage so as not to compromise the ground floor frontage.

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REPRESENTATIONS The proposals were advertised as a major application affecting a conservation area in the press and on site, and neighbours were consulted. Neighbours were reconsulted on the amended scheme. One letter has been received from NCP objecting on grounds of the impact on the traffic flow to and from the entrance/exit from St Andrews Lane to the Dumfries Place car park in respect of visibility and sight lines, and the proposal to potentially relocate the substation on land in the ownership of NCP. One letter has been received from the landlords of 14 St Andrew’s Crescent objecting on grounds of the negative impact of the building height on the character and appearance of the conservation area, the reduction in daylighting enjoyed by the rear elevation of 14 St Andrews Crescent and adjoining buildings,

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and a significant increase in pedestrian and vehicular traffic on the lane which is already struggling to service the traffic requirements of a 980 space car park.

8. 8.1

ANALYSIS The main issues to be considered are the proposed student use, the adequacy of the design, the effect on the adjacent CA, its impact on neighbouring office development, and on the residential amenity of future occupants. Land Use The Strategic Planning Officer has no objection to student housing on this site and makes the following observations: The application site is located within the City Centre Principal Business Area (PBA) of the adopted City of Cardiff Local Plan, the Northern Professional Office Area and the Cathays Park Area of the approved City Centre Strategy 2007 2010. The Housing and Community Chapter of the approved City Centre Strategy 2007-2010 notes the recent growth of privately managed student halls of residence in the city centre and points to how the increasing student population is contributing to the vitality and diversity of the growing city centre community. It goes on to say that in order to successfully integrate new residents into existing communities, it is essential to provide new services, community facilities and environmental improvements in tandem with new residential schemes. Whilst student accommodation is a ‘sui generis’ use, the nature of such a use exhibits many characteristics of a typical high density city centre residential scheme, particularly in terms of its impact on its surroundings and environs. The use of this brownfield site for student accommodation has the potential to: • Meet city-wide housing needs by; providing accommodation for students, relieving associated housing demand elsewhere in the city and helping to relieve pressure for development in the countryside. • Contribute to the development of a mixed community, given the level of private residential development within the city centre. • Promote urban regeneration and benefit the vitality and viability of the city centre by providing increased trade for local businesses, facilities and shops. • Reduce travel demand by locating student accommodation in close proximity to university / college facilities and related uses. • Subject to detailed design, amenity and transport considerations, the proposed student accommodation use is considered acceptable in landuse policy terms.

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Design and Impact on Windsor Place Conservation Area The building is approximately the same height as the ridge of Dumfries House and the top of the building will be visible from within the conservation area in the same way as the top of Dumfries House is visible. The amended design reducing the building’s height by a storey, and the redesign of the roof to provide a substantially glazed and much reduced top floor, has addressed the bulkiness and lack of articulation of the roof. The impact of the top of the building in views from St. Andrew’s Crescent and the listed St Davids Church is acceptable. The choice of stone cladding and the vertical articulation of the principal elevations of the two ends of the building breaks up the mass and scale of the building and provides a successful termination to the view from St. Andrew’s Place. The scale of the building and choice of materials also sits comfortably alongside Dumfries House in views from Windsor Place, and the location of the main entrance and vertical circulation core adds interest to this important view. The predominantly glazed ground floor frontage provides an active frontage to the Lane, and the simple and classically proportioned upper storeys clad in stone significantly enhance the St. Andrew’s Lane frontage. The scale, composition, proportion, form and materials of the building preserves the character and appearance of the conservation area and together with the associated public realm improvements (see below) significantly enhances St. Andrew’s Lane. The design is acceptable. Public Realm Improvements The Strategic Planning (Regeneration) Officer makes the following comments in his consultation response: The public realm bordering the site is generally of a poor quality, the footways consist of paving slabs that are worn and broken in places, the dropped kerb crossing points do not currently incorporate tactile paving slabs and the northsouth pedestrian route has to negotiate its way around a highway layout that impacts on both pedestrian permeability and legibility. The introduction of student accommodation along what is predominantly a ‘rear lane’ will impact on the use of the public realm in the vicinity of the site, particularly through the increase in pedestrian activity associated with residents arriving / leaving the property throughout the day and evening. This therefore requires the interface between the premises and its environment to be a material consideration in determining the acceptability of this proposal. Policy 2.55 of the deposit Unitary Development Plan, together with the Council’s City Centre Strategy and Public Realm Manual identify the need for new developments to make appropriate provision for public realm improvements. In addition, Policy B2 of the adopted South Glamorgan (Cardiff Area) Replacement

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Structure Plan favours measures to improve the environmental quality of the urban fabric. Taking into consideration the development’s impact on the public realm within the vicinity of the site, it is recommended that the applicant undertake improvement works along St Andrews Lane (as identified in Plans 1 & 2) in order to provide a safe and more secure public realm than that which serves the site at present. It is requested that these works include: • Resurfacing of the footways with 400x400 silver grey exposed aggregate concrete slabs (consistent with public realm enhancement works completed at Newport Road and along Station Terrace) • Installation of dropped kerbs and 400x400 buff coloured tactile paving slabs at all crossing points. Installation of bollards at the back edge of the footway adjacent to the relocated electricity substation (To prevent vehicle parking on new paved area) • Removal of dense foliage between the relocated substation and the St Andrews Place Underpass (To help reduce hidden / secluded areas along St Andrews Lane) • Removal of dedicated left turn feeder lane and associated widening of the footpath outside the site (To increase pedestrian priority and improve accessibility through the area). 8.8 The extent of the public realm works are indicated, in principle, on site plan (90)102A. They are improvement works to adopted highway land and are to be carried out by the developer under a S278 agreement and shall include: • Resurfacing of the footways with 400x400 silver grey exposed aggregate concrete slabs (consistent with public realm enhancement works completed at Newport Road and along Station Terrace). • Installation of dropped kerbs and 400x400 buff coloured tactile paving slabs at all crossing points. • Removal of dedicated left turn feeder lane and associated widening of the footpath outside the site (To increase pedestrian priority and improve accessibility through the area). • The installation of street trees adjacent to the site to the section of pavement that has been widened (number and position to be agreed). All in accordance with the Cardiff City Centre Public Realm Manual. Conditions have been added to this effect. Access and Parking There is no objection from transportation. The site is in a highly sustainable location and policy and SPG does not require on site resident car parking for the sui generis use of student accommodation. A cycle parking condition has been attached.

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In relation to the objection from NCP the Transportation Officer is happy that the development will not have any detrimental impact in terms of visibility and/or highway safety on the access/egress to and from the car park. A travel/parking/traffic/resident/letting management plan condition is attached covering arrangements for beginning and end of term and car ownership. A financial contribution towards cycle and pedestrian improvements, crossing facilities and cycle lanes/ASL, and bus public transport improvements and bus boarders on St. Andrew’s Place in the vicinity of the development. Loss of daylight to adjoining offices There is a 14m separation distance to the office windows of the recently built 3 storey extension to the rear of14 St Andrews Crescent. This extension is directly opposite the proposed six storey student block. The rear extension has parking at ground floor level so the windows most affected will be the first and second floor office windows – a total of 4 windows. Applying the BRE 25 degree method there will be a noticeable loss of daylighting to these offices. However given that the loss of daylighting relates to a commercial use and not a residential use, and the benefits of the overall scheme, the loss of daylight is not considered to justify refusal of the proposal. There is a 14m separation distance from the rear elevation of Dumfries House. As above there will be a reduction in daylighting to some of the lower office windows of Dumfries House as a consequence of the development. However given the advantages of the overall scheme and the fact that the loss of daylight relates to a commercial use and not a residential use this is considered to be acceptable. Privacy/overlooking The closest neighbouring development to the west is the 3 storey rear extension at 14 St. Andrew’s Crescent at a distance of approximately 14m. Existing office windows to the rear elevation of this extension will directly overlook 12 of the student rooms. Council Guidance (Residential Design Guide SPG and Infill Sites SPG) on privacy and overlooking seeks a minimum separation distance of 21m between habitable rooms that directly overlook each other and is intended, primarily, for new residential developments. The SPG acknowledges that flexibility is required in interpreting this guidance in urban infill situations. In this case, the student rooms are overlooked by office windows, which will be in use during office hours only, and the context is an urban one. The tighter urban grain justifies a reduction in separation distance and it should be noted that, in inner city residential areas, habitable room windows are typically 12-15m apart (the width of the street).

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A recently consented student scheme on Salisbury Road has student windows directly opposite habitable room windows of residential properties to the other side of Cranbrook Street at a separation distance of 12m. Given the urban context, the office nature of the existing use, and the precedent set by other student schemes in the city, the potential overlooking impact would not cause unacceptable harm to the residential amenity of the future occupiers of the 12 student rooms in question. To the south, the proposals present a blank gable wall and glazed circulation core to Dumfries House. The proposals therefore raise no overlooking or privacy concerns. Noise Pollution Control request conditions to control noise from the railway and from road traffic. A standard railway noise condition has been added. The road is not a busy main road and a road traffic noise condition is not considered necessary. Other matters The future occupiers are provided with generous individual studio type rooms and have access to a range of communal facilities on the ground floor. No external amenity space is provided, there are however a number of parks within easy walking distance. The lack of on-site provision of open space is offset through a financial contribution to the improvement of existing open spaces in the vicinity, to be secured through legal agreement. In relation to the railway the site is at a distance of approx. 6m from the railway land. The railway is about 1m higher than the site and is separated from it by the raised access road and footpath leading to the NCP car park. Given the distance from the railway the conditions requested by Network Rail are not necessary. In relation to sustainable drainage there is no space on the site for incorporating soakaways. A standard drainage condition has been added. The relocation of the substation on to the land to the north of the site will be the subject of a separate application. Representations The various objections to the application are addressed above under the sections on ‘Design and Potential Impact on the Windsor Place CA’, ‘Loss of Daylight to Adjoining Offices’, ‘Access and Parking’, and ‘Other matters’.

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CONCLUSION The proposals provide purpose-built student accommodation in an appropriate location. The design responds well to its site and will be a welcome addition to St Andrews Lane. The public realm improvements will result in a much better experience for pedestrians and motorists using this route. The site is in a highly sustainable location and there is no policy requirement for parking. The proposals meet the Council’s policy and guidance and do not raise any land use, design, conservation area, transportation, or neighbour/future occupier amenity concerns. The granting of planning permission is recommended subject to conditions being imposed, and a legal agreement that secures a financial contribution towards public open space and transportation improvements.

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LOCAL MEMBER OBJECTION COMMITTEE DATE: APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 13/06/2012 12/00234/DCI CATHAYS Full Planning Permission APPLICATION DATE: 06/03/2012

Churchill Licencees Ltd JESSOPS, CHURCHILL HOUSE, 17-21 CHURCHILL WAY, CITY CENTRE, CARDIFF, CF10 2HH PROPOSAL: CHANGE OF USE RETAIL TO A3 WITH SALE OF ALCOHOL _____________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the following reasons: 1. The change of use from Use Class A1 retail use to Use Class A3 nonretail use undermines the predominant shopping role and character of a Principal Shopping Area protected retail frontage contrary to Policy 48 of the Local Plan. The proposal, by virtue of its proposed use and hours of operation, when considered with other premises with similar uses on Churchill Way, is likely to exacerbate problems of late night disturbance, crime and disorder in the area, causing unacceptable harm to residential amenity and the safety, vitality and attractiveness of the City Centre, contrary to policy 2.24 of the Deposit UDP, Welsh Office Circular 16/94 'Planning Out Crime', paragraph 4.10.12 of Planning Policy Wales (Ed 4. Feb2011) and SPG Premises for Eating, Drinking and Entertainment in the City Centre.

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DESCRIPTION OF PROPOSED DEVELOPMENT A detailed application for the change of use from A1 Use (retail) to A3 Use (including the sale of alcohol) at 17-21 Churchill Way. The proposed hours of operation are 10.00 to 01:00 Monday to Thursday and Sunday, and 10:00 to 02:00 Friday and Saturday and bank holidays. The premises are currently trading as Jessops camera shop from ground and mezzanine floors. The main entrance is on Churchill Way. There is a fire escape exit on North Edward Street leading via stairs to the first floor. No external alterations are proposed.

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The application is accompanied by a Design and Access Statement.

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DESCRIPTION OF SITE The application site is located on the corner of Churchill Way and North Edward Street and forms part of a Principal Shopping Area protected retail frontage running from Queen Street to North Edward Street. The area is a mixture of retail, office and residential uses. To the north the site is bounded by the entrance to Churchill House, a large modernist office block with retail uses to the ground floor of which the application site forms part, to the east by the entrance to an underground car park, to the south on the other side of North Edward Street by a four storey Edwardian office building with a Chinese restaurant on the ground floor and offices over, and to the west on the other side of Churchill Way by a well-preserved frontage of 3 storey semi-detached Edwardian properties predominantly in office use. The closest residential properties are the 56no. flats in Landmark Place, a 15 storey apartment block to the south of the Chinese restaurant. The building has retail uses to the ground floor, a gallery/coffee bar to the first floor and apartments over. The closest windows on the north elevation of Landmark Place, which face the site, are at a distance of approximately 30m. There are a number of other late-night premises in the vicinity of the site – Wow Bar and Nightclub at no. 4 Churchill Way and the Kings Bar at no. 10 Churchill Way on the opposite side of the street, and Pulse Nightclub at no. 3 Churchill Way. The latter forms part of the protected shopping frontage. The site is located in the Churchill Way Saturation Zone (adopted January 2012). Whilst not a planning document, these zones are created where there is evidence that a negative cumulative effect has been created by the number of licensed premises in an area and that effect gives rise to problems of public disorder and nuisance. Saturation policies create a presumption against any licence applications for the area.

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PLANNING HISTORY Related planning history 12/0235/DCI Planning permission refused in May 2012 for an extension of opening hours of the Kings Bar, 10 Churchill Way on grounds of exacerbating existing problems of late-night anti-social behaviour and crime and disorder in the area.

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08/2247/C Planning Permission granted in Jan 2012 for change of use from offices to A3 use at 10 Churchill Way (Kings Bar)

4. 4.1

POLICY FRAMEWORK National Policy Planning Policy Wales 2011 Paragraph 4.10.12 (Crime and Disorder) Welsh Office Circular 16/94: Planning Out Crime (1994) Adopted City of Cardiff Local Plan Policy 48 Principal Shopping Area Changes of Use Deposit Cardiff Unitary Development Plan (2003) Policy 2.24 Residential Amenity Supplementary Planning Guidance (SPG) • Premises for Eating, Drinking and Entertainment in the City Centre (2000) • Restaurants, Takeaways and other Food and Drink Uses (1996) • City Centre Strategy 2007-2010 Strategic Objective 8

4.2

4.3

4,4

5. 5.1 5.2 5.3

INTERNAL CONSULTEE RESPONSES Transportation: No objection. Drainage Management: The Drainage Engineer has no comments to make. Waste Management: The Sustainable Planning Officer notes that the plans make no reference to the storage and collection of waste and recycling. Pollution Control (Noise & Air): No objection subject to a sound insulation condition to the floor/ceiling and party walls, standard plant noise and kitchen extraction conditions and an opening hours restriction not allowing any member of the public on the premises between 00:30 and 10.00 Sunday to Thursday and between 01:30 and 10:00 Friday to Saturday. In addition to protecting the amenity of occupiers of other premises in the vicinity the response notes that the opening hours are in accordance with the hours permitted by the Premises Licence submitted by the applicant as supporting information.

5.4

208

6. 6.1 6.2

EXTERNAL CONSULTEE RESPONSES Welsh Water (DCWW): DCWW have no comments to make. South Wales Police (SWP): SWP object to the application on the grounds that the proposed use and hours proposed would in effect increase the capacity of the night time economy and could further exacerbate the situation with regard to crime and disorder. The objection is based on evidence previously submitted to Cardiff Council in relation to licensing policy. They make the following observations: • The Cardiff Council Licensing Act 2003 Statement of Licensing of Alcohol, Entertainment and Late Night Refreshment Policy was amended on January 1st 2012 to include Churchill Way as one of the City Centre’s ‘saturation zones’ as it was identified as having a high concentration of late night refreshment premises/takeaways. • Reference is made to five recent appeal decisions by the Welsh Assembly Government relating to premises on City Road and High Street which take into account the potential for crime and disorder as a material consideration in dismissing the appeals.

7. 7.1

REPRESENTATIONS The application was advertised on site and in the press as a non-major bad neighbour application. Neighbours and local members (new and former), were consulted. Letters of objection were received from two Local Members and from 10 local residents. Simon Wakefield (former Councillor) objects on the following grounds: • The area is now a saturation zone and as such no new A3 licences should be granted. • A venue selling alcohol on a busy corner site with potentially more bus movements in the area increases the risk of accidents for those using the premises (particularly if the presence of tables and chairs on the pavement force pedestrians into the road). • Increased level of noise for residents of Landmark Place particularly for those with bedrooms facing North Edward Street. • Increased littering and broken glass. • From a conservation area point of view there will be a further erosion of the character of the Churchill Way area. Cllr. Elizabeth Clarke objects on similar grounds to Mr. Wakefield. The objections from local residents are: • Increased late night noise and disorder, potential for crime, littering, and highway safety.

7.2

7.3 7.4

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7.5

In summary the main grounds for objection relate to increased noise and potential for crime and disorder.

8. 8.1

ANALYSIS Issues are impact of change of use on protected shopping frontage, potential for crime and disorder and impact on existing residential and public amenity. Land Use The application site is located within the City Centre Principal Business Area (PBA), and the City Centre Principal Shopping Area (PSA) of the adopted City of Cardiff Local Plan. The site lies within the Core Area of the approved City Centre Strategy (2007 – 2010) however it is outside the Churchill Way and Queen Street Conservation Areas. The premises form part of a Principal Shopping Area protected frontage as identified by the Local Plan (nos. 1-21 & Capital Frontage, Churchill Way). Policy 48 of the Local Plan introduces criteria for assessing change of use proposals in the Principal Shopping Area. The policy criteria only permits changes of use of street level commercial premises if the proposal; either alone or cumulatively with other existing and approved non-shopping uses, will not harm the predominant shopping role and character, and/or undermine the vitality and viability of a specific frontage or group of frontages; whether and how long the premises have been vacant; considerations of scale, design and amenity; and, where appropriate provide an appropriate shop display. The ground floor unit retains an actively trading A1 Unit. The frontage currently consists of 8 frontages (including a sui generic ground floor entrance). In terms of the number of units within each use class the proposal would result in the overall reduction of A1 Use Class (Retail) premises from 62.5% to 50%, and an increase from 12.5% to 25% of the premises being utilised falling within an A3 Use Class. In terms of the % length of the protected frontage in different uses 69% is currently in shopping use. This would fall to 54% if the proposed change of use was implemented. Given that the premises is actively trading as an A1 unit and that no information has been supplied on the marketing of the premises for A1 use the application fails to address criteria (iii) of policy 48 in that no justification has been given to support the proposed loss of an actively trading A1 unit from a protected retail frontage.

8.2

8.3

8.4

8.5

8.6

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8.7

In relation to possible undermining of the vitality and viability of the frontage as result of the change of use it is accepted that an A3 use may offer the same degree of activity and life to the frontage, albeit more typically during the evening rather than the day. In this context it should be noted that a range of other A3 premises are located in close proximity to the site to serve the local or visiting population. Residential amenity and public amenity in general Policy 2.24 of the UDP seeks to ensure that development is not permitted that would cause unacceptable harm to residential amenity. Local plan Policy 48 criteria (iv) states that Principal shopping Area changes of use of ground floor commercial premises will only be permitted if acceptable having regard to considerations of scale, design and amenity. SPG Premises for Eating, Drinking and Entertainment in the City Centre (2000) states that the Council will resist proposals for Class A3 uses where amenity problems are likely to arise or worsen from the introduction of a new use. Public amenity relates in this case to problems relating to litter and refuse and noise and disturbance. The application site is on the corner directly opposite the Landmark Place residential tower block. There are other A3 premises on Churchill Way but this site is much closer to the residents of Landmark Place. It is likely that noise from the premises and from those entering and leaving will constitute more of a nuisance than other premises in the vicinity, particularly for those apartments facing North Edward Street. Evidence provided by South Wales Police identifies existing levels of anti-social behaviour in the area which supported the Council enacting an alcohol ‘saturation zone’ within the street. Given the nature of the proposed use the proposal has the potential to contribute to current levels of late night noise and anti-social behaviour which would further harm local amenity. It is noted that Pollution Control made no objection on noise grounds subject to an opening hours restriction. However given the proximity of the premises to Landmark Place (directly opposite and 30m distant at closest point) it is considered in this case that the noise levels associated with closing time will cause unacceptable harm to residential amenity. Crime and Disorder Paragraph 4.10.12 of Planning Policy Wales (February, 2011) notes that: “Local authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. Crime prevention and fear of crime are social considerations to which regard must be given by local planning authorities in the preparation of development plans. They should be reflected in any supplementary planning guidance, and may be material

8.8

8.9

8.10

8.11

8.12

8.13

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considerations in the determination of planning applications. The aim should be to produce safe environments through good design” 8.14 Welsh Office Circular 16/94 (Planning Out Crime) is also relevant and, in paragraph 3 states, “Crime prevention is capable of being a material consideration when planning applications are considered”. The Circular advises that local planning authorities should consult Police Architectural Liaison Officers when determining planning applications. The SPG Premises for Eating, Drinking and Entertainment in the City-Centre (2000) states (para 3.21) that: ‘The effect of a proposal on the potential for, and/or the perception of, crime and disorder, can provide justification for refusing planning permission on grounds of harm to the vitality, attractiveness and viabillity of an area’. In view of the above, and having due regard to the advice received from the South Wales Police Crime Prevention Design Advisor, it is considered that allowing an A3 use at the site would lead to an increase in the size of the latenight economy with a likely negative impact on crime and disorder in the area and as such the proposal is contrary to the Council’s adopted ‘Premises for Eating, Drinking and Entertainment in the City-Centre” Supplementary Planning Guidance. It is noted that the existing business has obtained a Premises License to open beyond 00:00 hours, however this no justification for the granting of planning permission. The Council’s Restaurants, Takeaways and other Food and Drink Uses SPG (1996) specifically states that planning conditions ‘overrides any other permit which might have been granted’. Representations The objections of the Councillor and residents on the grounds of increased noise, littering and crime and disorder are addressed in paras 7.10 and 7.14 above. In relation to concerns related to highway safety Transportation have no comments. The issue of pavement tables and chairs forcing people to use the road can be controlled through the Highways Street Café licencing procedure. Although not in a conservation area the site lies between Churchill Way CA to the south and Queen Street CA to the north. The proposals will not directly harm the character of either of the two conservation areas but will not preserve or enhance the character of an area that is adjacent to both CAs. This is not of itself however a reason for refusal.

8.15

8.16

8.17

8.18

8.19

8.20

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9. 9.1

CONCLUSION It is recommended that the planning application is refused for reasons of harm to the predominant shopping role and character of a Principal Shopping Area protected frontage, likely negative impact on crime and disorder in the area, and harm to residential amenity arising from increased late night disturbance and noise.

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COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 21/03/2012

APPLICATION No. 12/00299/DCI ED: APP: TYPE: APPLICANT: LOCATION: SPLOTT

Full Planning Permission

St Albans Care Home Limited ST SAVIOURS VICARAGE, 115 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2BY PROPOSAL: UPGRADE AND EXTENSION TO EXISTING VICARAGE TO FORM A 32 - BED NEUROLOGICAL CARE UNIT, ASSOCIATED CAR PARKING, AMENDED ACCESS, LANDSCAPING AND ANCILLARY WORKS ______________________________________________________________________ RECOMMENDATION 1: That subject to interested parties entering into a binding legal agreement under S106 of the Town and Country Planning Act to address the issues raised in Section 9 of this report, that Planning Permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit No development shall take place until a site assessment, including ground permeability testing, has been undertaken to determine the practicality of utilizing Sustainable Urban Drainage (SUDs) techniques (such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off from new hard areas and if appropriate other forms of sustainable drainage techniques) and a comprehensive drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. The approved drainage scheme shall thereafter be implemented in full prior to the beneficial use of the care home hereby approved. Reason: To ensure for the most sustainable drainage solution. No discharge of surface water from the completed development including access ways will be permitted to drain to the public highway or any highway drain. Reason: To ensure that the development will not compromise the highway drainage system. Prior to the setting out of the development, full details of the refuse store shall be submitted to and approved in writing by the Local Planning Authority, and the store shall thereafter be provided in accordance with the

3.

4.

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approved details prior to the beneficial use of the care home hereby approved. Reason: To ensure for a sustainable waste management solution and an appropriate design which will not detract from the setting of the Listed Building. 5. 6. 7. 8. 9. C4P Landscaping Design & Implementation Pro C4R Landscaping Implementation E4B Preservation of Trees G7G Plant Noise This Permission relates to the application as amended by the revised plans received on 18.05/2012 indicating 8 No Car parking spaces (inc 2 Disabled Spaces), an allocated ambulance bay, and 4 No. Cycle stands and on the 01/06/2012 indicating a single storey element to the SE of the building approved, attached to and forming part of this planning application. Reason: The plans amend and form part of the application. The car parking spaces, ambulance bay and cycle stands shown on the approved plans shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway. The external walls and roofs of any building shall be constructed and finished in accordance with a schedule of materials and finishes which shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The schedule shall allow for the provision of a natural slate roof, stucco render detailing, and details of window, door, and window cill, and roof lantern provision. Reason: To ensure that the finished appearance of the development is appropriately respectful of the adjacent listed building. This permission consents to the provision of care for a maximum of 32 patients at any one time and for no greater number. Reason: For the avoidance of doubt and to protect the amenities of surrounding occupiers. The 1 Floor windows on the Southeast elevation of bedrooms, as annotated on the approved first floor plan received on 1 June 2012, shall
st

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11.

12.

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be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected. 14. Prior to the commencement of development, a scheme of tree protection works relating to Highway Ash Tree (1860), shall be undertaken in accordance with a scheme of detail which shall first have been submitted to and approved by the Local Planning authority. The tree protection works shall be implemented as approved prior to the arrival of any construction materials to the site. Reason: To ensure for the longevity of the Highway tree. C1P BREEAM - (Non Res) Overarching Condition C1Q BREEAM - (Non Res) Pre-Commencement C1R BREEAM - (Non Res) Post Construction Prior to the beneficial use of the building hereby approved, the boundary enclosures of the site shall be maintained and repaired in accordance with a scheme of detail which shall first have been submitted to and approved by the Local Planning Authority. Reason: to ensure for the appropriate enclosure of the site and because of the listed status of the existing walled enclosure.

15. 16. 17. 18.

RECOMMENDATION 2: That the agent/applicant be reminded that a commercial contract is required for the collection and disposal of all commercial waste. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: That the applicant be advised to liaise with the Operational Manager, Street Operations (Tony Jones, Brindley Road) prior to undertaking any works within the adopted highway in relation to the construction of the new access. RECOMMENDATION 5: That the tree protection works indicated in condition 14 be developed in consultation with the Council's Highways Trees Officer (029 2068400).

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1 1.1

DESCRIPTION OF DEVELOPMENT Planning Permission is sought for the development of a 32 bed Neurological Care Home both within and in a new build extension to the former St. Saviours Vicarage to the SE end of Splott Road. The proposed building would be four storey comprising a subterranean basement, ground, and first floor and would have second storey accommodation within the roof space. The external proportions of the new building are not dissimilar to the existing building having a common eaves and ridge height of 6.5 and 9m respectively. The new extension would have a similarly slow pitched roof sympathetic to the Listed building, to which it would be attached by two glazed link corridors. The new basement accommodation would contain a Gymnasium, Hydrotherapy pool, Kitchen, Laundry, staff room, and dry store. The ground floor of the Vicarage would provide a wheelchair accessible ensuite bedroom, lounge, kitchen, office and dayroom, buildings would contain en-suite bedroom accommodation, dayrooms, snooze rooms. The new build ground floor would contain 16 en-suite bedrooms, treatment rooms, assisted bathrooms, sluice, lift and dayroom. This arrangement would be similarly provided on the first floor level. The second storey within the roofspace of the new build would accommodate two physiotherapy suites and would be illuminated by top lanterns over the central flat roof area of the roof form. The application is accompanied by a statement which describes the lack of available accommodation within Cardiff for young adults with complex needs, learning difficulties and neurological conditions. Amended plans indicate that the building would be served by 8 car parking spaces (2 disabled) and a managed ambulance bay and 4 cycle stands (8 cycles). The site would have an enclosed bin store to the Courtenay Road Boundary of the site. The principal extension being located to the eastern corner of the site to the North (rear) of the existing Vicarage.

1.2

1.3

1.4

1.5

1.6

1.7

1.8

2. 2.1

DESCRIPTION OF SITE St. Saviours Vicarage is a vacant Grade II Statutory Listed Building located near the Southeast end of Splott Road. The existing property has been vacant for some time and has been subject to vandalism. It is a two storey Victorian villa

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with scribed render elevations and slow hipped slate roof with large soffit eaves and red brick chimney stacks in a Georgian Style, within its own enclosed grounds which include a number of trees with Tree Preservation Orders (TPOs). 2.2 The property is set at a skewed angle to Splott Road, within rubble walled garden bordered by Splott Road (SW), Courtenay Road (NW), and Farmville Road (NE). The site is bounded by a service lane and the side elevation of 117 Splott Rd to the SE. The principal building frontage faces Courtenay Road some distance behind the curtilage wall, with a secondary unenclosed elevation to Splott Road. which includes a former dairy cottage attached and stepped down beyond the main building and now forming an annexe to it. (The property was formerly the farmhouse to Lower Splott Farm). Splott Road is a busy road containing a number of different uses from residential and retail to commercial premises, but the scale of buildings is predominantly two storey with pitched roofs. College buildings, opposite the NW facing elevation of the site on Courtney Road being a notable exception as a taller building.

2.3

2.4

3. 3.1

SITE HISTORY Applications for Planning Permission and Listed Building consent for the change of use of the property to a care home with external lift extension were withdrawn in 2009. A parallel application 12/00345/DCI for Listed Building Consent is also reported to planning committee today.

3.2

4. 4.1

POLICY FRAMEWORK Cardiff Unitary Development Plan Deposit Written statement Oct 2003 Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.45: Trees, Woodlands and Hedgerows Policy 2.51: Statutory Listed Buildings Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development

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5. 5.1

INTERNAL CONSULTEE RESPONSES Highways (Drainage) No development shall take place until a site assessment, including ground permeability testing, has been undertaken to determine the practicality of utilizing SUDS techniques such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off from new hard areas and if appropriate other forms of sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. No discharge of surface water from the completed development including access ways will be permitted to drain to the public highway or any highway drain.

5.2

Highways (Waste Management). Current site plans detailing refuse storage are acceptable. Further details should be provided regarding the design of the store. Due to the nature of the waste (potentially clinical), the area should be made secure, accessible only by centre staff and collections staff. It is likely that 1100/660 litre bins will be required, therefore, access paths to the kerbside for collection should be at least 1.5 metres wide, clear of obstruction, of a smooth surface with no steps. Dropped kerbs should also be provided to ensure safe handling of bulk bins to the collection vehicle. Please remind the agent/applicant that a commercial contract is required for the collection and disposal of all commercial waste.

5.3

Trees Officer Implementation of the proposed development will result in the direct loss of 1 protected ‘B’ (moderate quality and value) holly, 1 protected ‘C’ (low quality and value) cherry, 1 unprotected ‘C’ category group of trees and 1 unprotected ‘C’ category hedge. The holly and cherry were originally selected for protection on the basis that they may have been incorporated into a garden/amenity space as part of previous development at the site. The current proposal does not feature such a garden and since both the holly and cherry are not well seen in wider views, no objections are raised to their removal subject to provision being made for their replacement. Submitted plans offer very little space for such, and usable amenity

220

space is notably lacking in the proposals. Two trees are indicatively shown on the proposed site plan close to the building. These trees will have constrained growing space, so only small species could be accommodated. I would suggest x2 Ilex (holly) species, preferably a columnar cultivar such as Ilex aquifolium ‘J. C. Van Tol’ or ‘Pyramidalis’ or columnar variegated cultivar such as Ilex x altaclerensis ‘Golden King’. The submitted tree report recommends removal of x2 protected, ‘B’ category elms, on the basis that they are likely to succumb to Dutch Elm Disease before achieving maturity. I would agree with this and support their removal and replacement. I do not object to the proposal to plant x2 Platanus x hispanica (London plane) as replacements, but wonder that x2 Dutch Elm Disease resistant elms would be more appropriate, if they can be sourced. ‘New Horizon’ is a variety that is growing well in Cardiff. I consider that upfront submission of a landscaping plan is important. This must provide full details of all new soft and hard landscaping at the site (including the proposed turning head that incurs into the Root Protection Area (RPA) of a retained, protected sycamore, currently shown to be ‘Grasscrete’). If you are not minded to request such, C4P and C4R should be attached to any permission. A proposed bin store, turning area and car-parking incurs into the nominal RPA of two retained, protected sycamores. It would be preferable for the incursion to be designed out of the scheme, but if this is not possible, construction must accord with the details in the submitted Arboricultural Method Statement (AMS) and an agreed landscaping plan. Any works to the offsite highway tree (Ash 1860). should be agreed with the Parks tree team Trunk protection may be expedient, if delivery vehicles may be operating close to it during construction work at the site. 5.4 Pollution Control - Noise Officer Requests conditions over Plant Noise and Construction Site Noise 5.5 Transportation Officer The amended supporting information indicates that 8 parking spaces (2 disabled) together with 8 cycle stands and a managed ambulance bay are to be provided in association with this 32 bed facility – which will have 35 full time staff (clarified to be working shifts). I consider that this is generally satisfactory mindful the sustainable location with ready access to public transport and also the ‘maximum’ standards which are stipulated in the SPG (Access, Circulation & Parking).

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Mindful of the nature of the facility and number of staff and visitors who may be expected to travel by public transport I consider that a contribution towards public transport enhancement is appropriate in order to encourage non car-borne modes of travel in line with current policy. There are bus stops on either side of Splott Road in the vicinity of the site which are without shelters/RTI/boarders etc. I would suggest that a contribution of £6,000, secured via a Section 106 agreement would be appropriate and would enable bus boarders to be installed at both stops. Conditions will be required relating retention of parking for cars, cycles, and ambulances. I’d also suggest a second recommendation advising the applicant of the need to secure the consent of the Operational Manager, Street Operations (Tony Jones, Brindley Road) prior to undertaking any works within the adopted highway in relation to the construction of the new access.

6. 6.1

EXTERNAL CONSULTEE RESPONSES Welsh Water Have provided a standard response in respect of foul, surface and land drainage run-off.

6.2

Western Power Have identified the likely location of their equipment and cables I the area and encourage appropriate safety procedures when working with or in close proximity to their equipment.

7. 7.1 7.2

REPRESENTATIONS The application has been advertised on site and in the local press. Objections have been received from the occupiers of 117 (next door to application site) and 119 Splott Road, 12 Courtenay Road, and 2 Courtenay Rd, principally on grounds of • • • • • insufficient car parking for staff and visitors consequent reduction in available off site parking potential building proximity and privacy issues loss of sunlight the nature of the “neurological conditions” being treated

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• • • • • 8.

the appropriateness of neurologically damaged / impaired residents living in a family area / on a busy main road / in proximity of the ‘unruly youth’ of Tremorfa the effect on the housing market the merit of security systems that a better use could be found for the site the building is Listed.

ANALYSIS Land Use

8.1

The application site is identified as existing residential land on the Local Plan proposals map. The site has no specific allocation in the UDP but is located within an established residential area. The development of the site for residential use where care is provided therefore raises no land use policy concerns. Para 6.4.3 of the Adopted Local Plan indicates that conversions to healthcare uses within residential areas will be considered on their merits but will generally be acceptable, in principle. Good Design

8.2

The existing building is Grade II Listed, and of the character of a two storey Georgian residence. The new build is a similar two storey scaled block, extending parallel to the Vicarage but at a set back position, and returning at right angles to be slightly offset from the Farmville Road boundary, ultimately stepping down to a single storey lounge block. The new block is set back from the Vicarage to demonstrate a subordinate status but with sympathetic low slung pitch comparable with that of the listed building. The new building would be finished in a stucco render with protruding render panels reflecting the plinths of the Vicarage. This is considered appropriate and respectful of the traditional aesthetic. The proposed building, although ultimately covering a larger footprint than the existing building is designed in such a way as to reflect traditional proportions, ridge and eaves heights and angles of roof pitch. It is therefore does not compete with the original building in scale or mass when viewed from any particular vantage point. Because of its comparable ridge height, views of the extension would likely be obscured by the Vicarage when viewed from the South East and would be partially screened by tree coverage when viewed from the Northwest. From Farmville Rd to the Northeast, the building would replace views of the Vicarage.

8.3

8.4

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8.5

In respect of sustainability, the building will be required to meet the minimum BREEAM standard of ‘Very Good’ and attain relevant energy credits. The building will provide a facility for a wheelchair-bound resident and will comply with Building Regulations Part M in this regard. The building has been assessed in respect of equalities impact and provides a positive differential impact in respect of the care of young disabled, but no other apparent abnormal differential impact on relevant equality strands. Residential Amenity

8.6

8.6

The proposed development would maintain a detached building in its own grounds behind a tall boundary wall. The property would be built to current building regulations specifications including appropriate levels of insulation and would be double glazed. First floor windows within bedrooms 8, 9 10 and 11, in the NE facing elevation of the building facing toward Farmville Road (of a height to allow views over the tall boundary wall) would be approximately 20m away from windows in the front elevations of properties at 1-5 Farmville Road which would be viewed at an oblique angle. This is considered an acceptable privacy distance and relationship. The particular concerns of the occupiers of 2 Courtenay Road regarding overlooking of the rear garden of their property have been considered. Views from the proposed first floor windows in the NW facing elevation of bedroom 11 would allow an oblique view of the rear garden boundary at a distance of approximately 17m. This is considered an acceptable privacy distance and relationship. Although the particular concerns of the occupier of 117 Splott Rd related to issues of car parking, and boundary interface, the planning officer has requested an amendment to the scheme to increase the distance of the SE facing elevation of the building from that boundary as the originally proposed relationship was considered unacceptable. Trees

8.7

8.8

8.9

8.10

8.11

The replacement of two ‘C’ and one ‘B’ class trees and replacement of two Dutch Elms is not objected to subject to the approval of replacement planting. The revised parking arrangement/landscaping proposal now removes any intended use of grass-crete or parking spaces below the canopy/likely root protection zone of retained trees and this is considered beneficial and satisfactory.

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Statutory Listed Buildings 8.12 The modifications to the existing listed building are more properly considered under the heads of a parallel application for Listed building Consent 12/00345 also reported to this committee and recommended for approval subject to Cadw referral. The two proposed glazed link corridors which attach the new build to the existing structure are considered appropriately respectful of the special interest of the listed building and to be far more preferable than a directly adjoining extension in respect of the preservation of the character of the building. Access, Circulation and Parking Requirements 8.14 The applicant has confirmed that the 35 number of staff employed is a whole compliment and that operationally staff will likely work in shifts of around 8 persons. The proposed arrangement of 8 parking spaces and managed ambulance bay is therefore considered an adequate allocation and in accord with current planning Supplementary Planning Guidance. The revised layout also has the benefit of less interference with protected trees (as indicated above) and the arrangement also allows for sufficient manoeuvring space for vehicles to leave the site in a forward gear in most operational scenarios. Air, Noise and Light Pollution 8.16 It is accepted that some patients with learning difficulties or neurological disorders may be more noisy than others, but it is not anticipated that the use of the building would generate undue amounts of noise at or above that which might be generated in a normal domestic residential situation. The building will be detached and double glazed and so levels of noise transference should be minimal. Any noise from patients in the grounds are likely to be lost against traffic noise from Splott Road and Walker Rd//Courtenay Road. Similarly it is not anticipated that the facility would result in any light pollution over that of a normal domestic property. Provision for Waste Management Facilities in Development 8.17 The submitted plans allow for an external bin store and the facility and grounds would appear capable of appropriately managing and storing waste outputs from the building.

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Other Neighbour concerns Loss of sunlight 8.18 The new building will cast a shadow fall to the NW in the morning and NE in the afternoon and evening, the morning shadow cast will be principally over the grounds of the Vicarage and over the Farmville Rd carriageway. The revised plans indicating a single storey element to the SE boundary should reduce the extent of any shadow fall to the rear gardens of 2 Farmville Rd and 117 Splott Road in Summer evenings to acceptable levels. The nature of the “neurological conditions” being treated / the appropriateness of neurologically damaged / impaired residents living in a family area / on a busy main road / in proximity of the ‘unruly youth’ of Tremorfa. The facility is a care home where residents will be supported by staff and will be governed by the caring arrangements required of such facilities outside of the planning system. The siting of a care home in an existing residential area raises no land use planning objection. The effect on the house values. This is not a material planning consideration. The merit of security systems. The applicant is encouraged to liaise with the Community Police Officer and Police Architectural Liaison Officer in respect of implementing ‘Secured by Design’ standards, but this is a voluntary scheme not a requirement of the planning process. That a better use could be found for the site. The planning committee can only consider the proposal placed before it. The building is Listed. The impact of interventions on the Listed Building are more fully considered under the terms of Listed Building Consent Application 12/00345/DCI, but the Listed Status of the building does not preclude its development, only that the local planning authority have to have special regard to its preservation.

8.19

8.20

8.21 8.22 8.23 8.24

8.25 8.26 8.27 8.28

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9. 9.1

SECTION 106 MATTERS For Clarity, The applicant is asked to pay a commuted sum of £6000 (including administrative costs but not including legal fees) toward Public Transport improvements in the area.

10. 10.1

CONCLUSION That Planning Permission be Granted subject to the signing of the S106 agreement and conditions

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COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 21/03/2012

APPLICATION No. 12/00345/DCI ED: APP: TYPE: APPLICANT: LOCATION: SPLOTT

Listed Building Consent

St Albans Care Home Ltd ST SAVIOURS VICARAGE, 115 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2BY PROPOSAL: UPGRADE AND EXTENSION TO EXISTING VICARAGE TO FORM A 32-BED NEUROLOGICAL CARE UNIT, ASSOCIATED CAR PARKING, AMENDED ACCESS, LANDSCAPING AND ANCILLARY WORKS ______________________________________________________________________ RECOMMENDATION: That subject to Cadw not wishing to call in the application for determination, Listed Building Consent be GRANTED subject to the following conditions: 1. 2. C02 Statutory Time Limit - Listed Building The interior and exterior of the building shall be refurbished and redecorated in accord with a schedule of repair methodologies, materials and finishes which shall first have been submitted to and approved in writing by the local planning authority and the refurbishment shall be completed in accordance with the approved details prior to the beneficial use of the newbuild extension to the building approved under this consent and planning permission 12/299/DCI. Reason: To make sure that the materials, finishes and repair technologies are appropriate to the special interest of the Listed Building and undertaken in a timely manner.

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DESCRIPTION OF WORKS Listed Building Consent is sought for the refurbishment and extension of the Grade II Listed former St. Saviours Vicarage to the SE end of Splott Road for the purposes of the development of a 32 bed Neurological Care Home . The extension would comprise a detached building in the enclosed garden of the property which would be linked to the listed building by two glazed corridors (one two storey and one single storey to the NE elevation of the building.

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The proposed building would be four storey comprising a subterranean basement, ground, and first floors and would have second storey accommodation within the roof space. The external proportions of the new building are not dissimilar to the existing listed building and is aesthetically sympathetic to it. The Vicarage would provide a wheelchair accessible ensuite bedroom on ground floor together with a lounge, kitchen, office and dayroom, staff W.C. laundry room, and day room. The first floor would accommodate 5 en-suite bedrooms, sluice, dayroom, snooze room, satellite kitchen and bathroom. The works to the listed building effectively amount to restoration and redecoration of the existing structure. The principal interventions being those of the provision of the link corridors to NE facing elevation, and removal of a secondary internal stair. The forward most corridor would be set back from the Northern corner of the building around an existing door. At first floor level this would remove an existing WC and formation of a doorway opening in the position of the existing toilet window. To the rear, a single storey corridor is proposed, again around an existing doorway. The corridors would link the main building to the new building over a distance of some 3.5m. and would be of glazed construction with minimal fixing and flashing to the historic building.

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DESCRIPTION OF BUILDING / SITE The former St. Saviours vicarage is a vacant Grade II Statutory Listed Building located near the Southeast end of Splott Road. The existing property has been vacant for some time and has been subject to vandalism and water damage caused by removal of lead and copper pipe without disconnection of the water supply and subsequent damage to fabric. The building is however structurally sound and capable of renovation. It is a two storey Victorian villa with scribed render elevations and slow hipped slate roof with large soffit eaves and red brick chimney stacks in a Georgian Style, within its own enclosed grounds. The property is set at a skewed angle to Splott Rd, within rubble walled garden bordered by Splott Road (SW), Courtenay Road (NW), and Farmville Road (NE).

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The site is bounded by a service lane and the side elevation of 117 Splott Rd to the SE. 2.4 The principal building frontage faces Courtenay Road some distance behind the curtilage wall, with a secondary unenclosed elevation to Splott Rd. which includes a former dairy cottage attached and stepped down beyond the main building and now forming an annexe to it. (The property was formerly the farmhouse to Lower Splott Farm).

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SITE HISTORY Applications for Planning Permission and Listed Building consent for the change of use of the property to a care home with external lift extension were withdrawn in 2009. A parallel application 12/0299/DCI for Planning Permission for the proposed change of use is also reported to planning committee today.

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POLICY FRAMEWORK PPG Wales Chapter 6 Welsh Office Circular 61:96 Planning and the Historic Environment. ANALYSIS Proposals to refurbish the building and bring it back into viable use are wholey welcomed. The control of appropriate materials and repair technologies can be secured by condition and the planning officer is happy to foster an ongoing dialogue with contractors on site as works progress. The internal works require very few internal modifications to the property layout, with changes being limited to the insertion of a number of small reversible stud partitions, the removal of a first floor WC and a secondary rear staircase and WC within the annexed cottage accommodation. Given the overall refurbishment of the building these are considered acceptable losses within the overall scheme and will facilitate the renovation of the building for its new intended use. The two proposed glazed link corridors which attach the new build to the existing structure are considered appropriately respectful of the special interest of the listed building and to be far more preferable than a directly annexed extension in respect of the preservation of the character of the building.

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Constructed in glass they will provide a transparent linkage with minimal fixing requirement which is also welcomed.

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CONCLUSION That listed Building Consent be Granted further to referral to Cadw.

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COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 06/03/2012

APPLICATION No. 12/00380/DCI ED: APP: TYPE: BUTETOWN

Full Planning Permission

APPLICANT: Junction Canal Ltd LOCATION: PART OF LAND AT, SCHOONER WAY, ATLANTIC WHARF PROPOSAL: PROPOSED CONSTRUCTION OF CRECHE AND CAFE ___________________________________________________________________ RECOMMENDATION 1 : That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 5.4 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. 2. C01 Statutory Time Limit The consent relates to the application as amended by the revised plans numbered AL(01)01A, AL(01)02A attached to and forming part of this planning application. Reason: The plans amend and form part of the application. The premises shall be used only for the purposes specified in the application (café/creche use) and for no other purpose (including any other purpose in Use Classes A3 and D1 of the Schedule to the T&CP (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or reenacting that Order). Reason: The use of the premises for other purposes within Use Classes A3 or D1 would be likely to detract from the amenities of nearby occupiers. No member of the public shall be admitted to or allowed to remain on the A3 premises (café) between the hours of 20.00 and 07:30 Monday to Saturday and 18:00 to 07:30 on Sunday. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected. No member of the public shall be admitted to or allowed to remain on the D1 premises (creche) between the hours of 18.00 and 07:30 Monday to Friday or at any time on Saturdays and Sundays. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

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Samples of Materials: No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory finished appearance to the development. No development shall take place until a scheme showing the architectural detailing of the main elevations has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into beneficial use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the building. C5A Construction of Site Enclosure C3S Cycle Parking E3D Retain Parking Within Site C3Q Access Gradient - Highway Boundary C3R No Access Gates No part of the development hereby permitted shall be occupied until a travel and traffic management plan to include, but not limited to, the promotion of public transport and other alternatives to the private car; and the management of traffic and use of the parking/drop-off; and the control of vehicular access to the site, has been submitted to and approved by the Local Planning Authority. Reason: in the interest of highway safety and to regulate the impact of the development on use of the adjacent highway. Outward opening doors/windows condition: Doors and ground floor windows are to be constructed and installed in such a way as to prevent them opening outward over the public footway. Reason: In the interest of pedestrian safety. No part of the development hereby permitted shall be commenced until a scheme for the provision of an adoptable standard footway and tabled zebra crossing on Schooner Way adjacent to the site, to include improvement of the existing footway where required, has been submitted to and approval in writing by the Local Planning Authority. The scheme should include, but not be limited to, the construction of the proposed footway, zebra crossing and car park egress crossover, including as required: surfacing, kerbs, edging, highway drainage, the provision/renewal of street lighting, lining/signing and street furniture as may be required as a

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consequence of the development. The agreed scheme to be implemented to the satisfaction of the Local Planning Authority prior to beneficial occupation of the development. Reason: To facilitate access to the proposed development and provision of traffic calming to enhance road safety, and facilitate completion of the existing discontinuous footway along this section of Schooner Way. 16. No part of the development hereby permitted shall be commenced until a scheme of construction management has been submitted to and approved by the Local Planning Authority, to include details of site hoardings, site access and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity. F4A Landscaping Scheme The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997 (or any British Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Unitary Development Plan and guidance contained within the adopted SPG Restaurants, Takeaways and other Food and Drink Uses (1996). The extraction of all fumes from the food preparation areas shall be mechanically extracted to a point to be agreed in writing by the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter. All equipment shall be so mounted and installed so as not to give rise to any noise nuisance. Details of the above equipment including the chimney shall be submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected. C7S Details of Refuse Storage C2N Drainage details The developer shall provide a suitable grease trap to prevent entry into the public sewerage system of matter likely to interfere with the

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free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents. Reason: To protect the integrity of the public sewerage system. 23. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not

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prejudiced. 26. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to 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 the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced. The building hereby permitted shall be constructed to achieve a minimum ‘BREEAM’ overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. Prior to the occupation of the individual building hereby permitted, a ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

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RECOMMENDATION 2: The highway works condition and any other works to existing or proposed adopted public highway (to be undertaken by the developer) are to be subject to an agreement under Sections 38 and 278 Highways Act 1980 between the developer and Local Highway Authority. RECOMMENDATION 3: Should any part of the development necessitate the construction of a structure that will support the Highway, then in

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accordance with the Highways Act 1980 the developer is required to gain approval from the Highway Authority for that structure. This structural approval is in addition to other approvals that may be required by the development. Details of the ‘Structures Technical Approval’ process can be obtained from the Councils Bridge Management Section based at the Brindley Road Depot. RECOMMENDATION 4: The dock edge columns will still require ‘spot extinguishments’ where they impact the adopted footway, and the canopy will require a licence under S177 of the Highways Act 1980. RECOMMENDATION 5: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 08001800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 6: CONTAMINATION AND UNSTABLE LAND ADVISORY NOTICE. The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for: (i) determining the extent and effects of such constraints; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land

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can be considered free from contamination. RECOMMENDATION 7: That the applicant be made aware of the potential safety issues of a day nursery located adjacent to water.

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DESCRIPTION OF PROPOSED DEVELOPMENT The detailed application is for the construction of a day nursery and café on an area of vacant land adjacent to Bute East Dock in the Atlantic Wharf area. The day nursery could accommodate up to 66 children (toddlers and preschool) and 13 staff. The café occupies ground and first floors at the southern end of the building and the day nursery occupies the two levels at the northern end. The facilities function independently and are accessed from Schooner Way via split level entrances. The ground floor of the café opens on to the Dockside walkway and there is a curved ramp that wraps around the bullnosed southern end of the building and connects the Dockside to Schooner Way. There is an outdoor play area immediately to the north of the day nursery accessed from the dining room and beyond that a car park with 9 spaces for staff and drop-off and pick-up. Access to the car park is from the north via the existing car park serving the Schooner Way flats, egress is directly on to Schooner Way. 6 cycle spaces are provided. The majority of the car movements will be spread between 07.30 and 09.30 and 15.00 and 18.00 The building is 2 storeys in height set at the level of the Dockside walk in order to afford direct access on to the walkway and effectively appears as a 1 ½ storey building when viewed from Schooner Way. It is approximately 8.0m high and has a flat sedum roof. It takes the form of a long low pavillion with a prominent bull-nosed southern end and striking elevational treatment that draws on the predominantly brick form of the majority of adjacent buildings linked by mainly black contrasting flat steel cladding. Areas of highly coloured cladding pick out window and door openings and provide relief. In common with other buildings along the dockside part of the first floor will extend over the walkway in the form of a steel balcony which returns around the end of the building forming a canopied entrance to the building from Schooner Way. The building is fully DDA compliant. Amended drawings have been received addressing concerns raised by Highways over the curved ramp and columns impinging on to the Schooner Way adopted highway.

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The building achieves a Code for Sustainable Homes Pre-Assessment Rating of 60% for the day nursery and 57% for the café, which falls within the Level 3 category. The following additional information is submitted: • Design and Access Statement • Code for Sustainable Homes Pre-Assessment Report • Flood Consequences Assessment Report

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DESCRIPTION OF SITE The application site is a rectangular grassed area located between Schooner Way, a residential distributor road, and the Bute East Dock, an area of water no longer used as part of the docks. Around the perimeter of the Dock is a public foot and cycle path. The area is primarily residential interspersed with office and leisure uses. At the southern end of the Dock is County Hall, the Council’s administrative buildings, at the northern end are more offices. The site is bounded to the west by 3 storey townhouses and 4 storey blocks of flats fronting Schooner way, to the north by a car park, to the east by a public footpath and the Bute East Dock and to the south by the Boathouse Gym and Wharf PH. The site is flat and roughly square in shape. The site is rectangular in shape and there is a slight fall across the site from Schooner Way to the dockside footpath of about 1.5m. There are four semimature trees bordering Schooner Way. The site is grassed and fenced off with a low timber and wire fence. The dockside boundary is demarcated by a series of timber flagpoles.

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PLANNING HISTORY None.

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POLICY FRAMEWORK Relevant national planning policy and guidance

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Technical Advice Note 12 (TAN 12): Design Relevant local planning policy and guidance

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Adopted Local Plan • Policy 11 Design and Aesthetic Quality

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Deposit Unitary Development Plan • Policy 2.20 Good Design • Policy 2.24 Residential Amenity • Policy 2.57 Access, Circulation and Parking Supplementary Planning Guidance • Buildings for Childcare (1998) • Restaurants, Takeaways and other Food and Drink Uses (1996)

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INTERNAL CONSULTEE RESPONSES Highways and Waste Management: The Drainage Engineer has no objection subject to a drainage scheme condition. Transportation: The Council’s Transportation Officer comments as follows: I would confirm that the car and cycle parking, and vehicle access/egress arrangements have been assessed and is considered to be policy compliant as submitted and subject to standard cycle parking, retention of parking, access gradient, access gates, travel and traffic management plan, construction management, highway improvement works and outward opening doors/windows conditions. The highway improvement works requested comprise the provision of an adoptable standard footway on Schooner Way and a tabled pedestrian crossing on Schooner Way. Details in the form of indicative sketches have been forwarded to the agent. A combined financial contribution of £6,032 is requested, made up of £2,912 towards improvements to the adjacent bus stops, including but not limited lining/signing improvements to deter parking within the lay-bys; and £3,120 towards traffic order modifications as may be required as a consequence of the development. Pollution Control (Noise & Air) has no objection subject to opening hours, plant noise and kitchen extraction conditions. Pollution Control (Contaminated Land) has no objection and note that the potential for contamination on the site is very likely and request ground gas, contaminated land, imported soils and imported aggregates conditions, and a contamination and unstable land advisory notice. Waste Management notes that the plans detailing refuse storage are acceptable. Childcare Strategy Unit: The Unit has provided data from the National Day Nurseries Association (NDNA Cymru) showing occupancy levels at nurseries within 1 mile walking distance of Schooner Way and raises concerns that the proposed nursery will be a threat for the 6 existing day nurseries in the

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vicinity, that it is within 20m of a watercourse and that there is a risk of flooding.

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EXTERNAL CONSULTEE RESPONSES Welsh Water: Welsh Water have no objection subject to their standard conditions and provision of a grease trap. Environment Agency: No objection based on the information provided in the Flood Consequences Assessment report and the commitment to manage the risk from tidal and fluvial flooding.

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REPRESENTATIONS The proposals were advertised as a non-major bad neighbour in the press and on site, and Local Members and neighbours were consulted. The application has attracted letters of support from local residents and objections from day nursery businesses in the vicinity, local residents and a tenancy management company, and a local councillor has raised concerns, as follows: A letter has been received from Delme Greening (former Cllr.) sharing concerns raised by local residents over the speed of traffic on schooner Way and requesting that the Council require some form of traffic calming measure as a planning condition. Cllr. Ahmad has been notified of the application. A total of 8no. objections have been received, 3no. from day nurseries in the vicinity (Busy Bees Nursery, East Moors Road, Darling Buds Nursery, Bute Street, and Little Angels Nursery, Fitzalan Road), 1no. from agents for Schooner View Management Co. Ltd., and 4no. from local residents of Schooner Way, Barquentine Place and Blake court. The grounds for objection from local residents and the Schooner View management Co. in no particular order of preference are: • Contemporary design not in keeping with the Dockside red brick aesthetic • Insufficient parking on site and increased traffic leading to congestion, noise and potential accident risk • Loss of view/outlook for some residents of Schooner Way flats • Loss of trees and green space and consequent loss of visual amenity • Loss of green space used by locals for leisure purposes • Noise arising from increased traffic movements and outdoor play area • Loss of sunlight for some residents of Schooner Way flats • Reduction in overlooking of Dockside footpath at night with potential for increased crime • Pavements adjacent to site not pram-friendly

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The grounds for objection from the local day nursery businesses are overprovision of such services in the local area and consequent loss of business. A total of 3 no. letters of support have been received from local residents of Henke Court, Barquentine Place and Schooner Way. The grounds for support in no particular order of preference are: • Additional nursery and café for the local area would be a valuable local resource • A positive development contributing to the regeneration of Bute East Dock • Design Two of the three letters of support are qualified with concerns relating mainly to the extra volume of traffic that will be generated.

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ANALYSIS

Land Use 8.1 The application site falls within an area of white land, as shown on the Local Plan Proposals Map, meaning that no specific land use allocation has been made and no particular land use is given protection at this location. The application is therefore assessed against Supplementary Planning Guidance ‘Restaurants, Takeaways and other Food and Drink Uses’ (1996) and ‘Buildings for Childcare’ (1998). 8.2 Paragraph 3.1 of the food and drink SPG identifies areas where food and drink uses can most appropriately be located. Whilst the application site does not fall into any of the favoured categories, the guidance states that food and drink uses may also be acceptable in other commercial or business areas, depending on the character of the area and whether there are residential properties nearby. Paragraph 3.1 goes on to say that food and drink uses are unlikely to be acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents. Although the site falls within an area of white land on the Proposals Map, this part of Schooner Way is characterised predominantly by residential developments, but also includes small scale offices and commercial premises such as hotels and a public house. Given this mix of surrounding uses and the waterfront location, it is considered that a café would be acceptable at this location. The childcare SPG states that the preferred location for childcare facilities is within employment or shopping areas. Given that this is a vacant plot and that there are several other commercial uses within the area, it is considered an acceptable location for a childcare facility.

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The application raises no land use policy concerns, subject to an assessment of the likely impact upon residential amenity.

Residential amenity 8.6 Pollution Control has no objection subject to conditions. 8.7 The proposed opening hours for the café are from 07.30 to 20.00 Monday to Saturday and 07.30 to 18.00 on Sundays. Given the nature and scale of the proposed A3 use, it is unlikely that it would create an adverse effect upon the amenity of adjacent occupiers. There is one other A3 use close by (the Wharf PH). A condition restricting the opening hours of the café to those proposed has been attached. The Childcare Facilities SPG places the onus on the LPA to show that demonstrable harm is unlikely to be caused to the amenity of neighbouring residents and seeks to restrict the opening hours of childcare facilities to between 8.00am and 6.00pm Mondays to Fridays outside of employment areas and shopping centres. A condition has been added to this effect. Drop-off and pick-up will result in increased noise levels at the start and end of the day and the possibility of traffic congestion and a condition has therefore been added requiring a Travel and Traffic Management Plan that shows how pick-up and drop-off will be managed to minimise such disruption. Given that the street is a residential distributor road where levels of background traffic noise are not insignificant it is considered that a properly managed pick-up and drop-off will not result in demonstrable harm in terms of noise or traffic congestion. The provision of an outdoor play area for the children is not a planning requirement but is a requirement of the Social Services Department. It will give rise to noise at play time. The location of the day nursery in a purpose built facility on the edge of a residential area and the fact that the play area is separated from the closest flats by a 2m high brick wall (necessitated by the change in level across the site) which acts to help contain noise outbreak mitigates the noise impact to an extent. Conditions to control the times and numbers of children making use of the outdoor play area are not considered to be enforceable On balance the provision of an important community function and a condition to restrict the opening hours of the facility to normal business hours outweighs the limited harm arising from noise outbreak and the impact on residential amenity is considered acceptable. The closest residential window to the outdoor play area (ground floor windows of nos. 54-70 Schooner Way) is at a distance of approx.15m.

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Loss of trees 8.12 A number of semi-mature trees will be lost as part of the development. There is an opportunity to replace these through planting of new trees in the external play area and along the reinstated footway on Schooner Way. A condition

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requiring details of tree plantings prior to commencement of the works has been added. Public Realm 8.13 The Schooner Way footway will be reinstated/improved as part of the highway improvement works. Design 8.14 Policy 11 of the Local Plan states that new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area. It goes on to say that the composition, proportion, form and materials should reflect the building’s use and location and that it should have regard for the historical context of sites and recognise the importance of existing landmarks, vistas and local views (LP 4.6.3). 8.15 TAN12 seeks to promote innovative design and points out that a contextual approach should not necessarily prohibit contemporary design. The long low pavilion-like form of the building is considered appropriate for the waterfront setting, both preserving and in many cases enhancing significant views within the Dock - both from the Dockside Walkway and from Schooner Way and Celerity Drive. The buildings take maximum advantage of the site’s position overlooking and abutting the dock, and the addition of a first floor balcony, degree of transparency and use of materials and colour generates much-needed interest and activity to the dockside. The impact on the street scene of what is in effect a 1 ½ storey building is acceptable. The choice of materials and use of primary colours is appropriate to the building and its waterfront setting.

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Access and Parking 8.19 There is no objection from transportation subject to standard conditions and highway improvement works. The proposals are policy compliant in terms of parking provision and access. 8.20 A Highways Improvements condition has been attached requiring the provision of an adoptable standard footway to complete the existing discontinuous Schooner way footway adjacent to the site and a tabled pedestrian crossing calming traffic and addressing potential highway safety concerns. The proposals are acceptable in terms of parking, access and highway safety. The section of Dockside walkway adjacent to the site has fallen into a poor state of repair. It is adopted highway and is therefore the responsibility of the Council to repair/maintain with the proviso that damage to the walkway resulting from carrying out of the works will be the responsibility of the applicant to rectify.

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The proposals are fully compliant with disabled access and equality legislation requirements. A financial contribution is requested for improvements to the bus stop next to the site, lining/signing improvements to deter parking within the layby and traffic order modifications that may be required as a consequence of the development

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Amenity of neighbouring occupiers (loss of view, noise) 8.24 The pavilion form of the building rises only 5.5m above the Schooner Way pavement thus minimising the impact on the outlook of residents of the Schooner way flats directly opposite the site (the closest residential unit is 15m away). It is therefore considered acceptable. Loss of view of the Dock is not a material planning consideration. Representations 8.25 Objections on the grounds of design, traffic and parking, loss of outlook/ view, and noise from additional traffic / children’s play are all addressed above. 9. 9.1 CONCLUSION The proposed day nursery and café use is acceptable. The proposals preserve the character and appearance of the Bute East Dock and add interest and activity to the waterfront. There are no amenity, transportation or public safety concerns. The granting of planning permission is recommended subject to conditions being imposed, and a legal agreement to secure a financial contribution towards traffic and transport related improvements and highway improvement works to the Schooner Way footway.

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AMENDED PLAN 12/00380/DCI 16/05/2012

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AMENDED PLAN 12/00380/DCI 16/05/2012

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COMMITTEE DATE:

13/06/2012 APPLICATION DATE: 08/05/2012

APPLICATION No. 12/00768/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: CATHAYS Variation of conditions

Beat Box Bars Limited 25 WESTGATE STREET, CITY CENTRE VARIATION OF CONDITION 2 OF PLANNING PERMISSION 08/02329/C TO EXTEND THE CLOSING TIMES TO 0430 ______________________________________________________________________ RECOMMENDATION: That, subject to no further representations being received which cover issues not considered in this report, before the end of business on the 14th June 2012, the Variation of Condition 2 of Planning Permission 08/2329/C to extend the closing time of the premises until 04:30 be REFUSED for the following reason. 1. A 04:30 closing time of the premises would give rise to late night/early morning noise nuisance and disturbance and detract from the amenities of nearby neighbouring residents to an unacceptable degree, contrary to the aims of Policy 2.24 (Residential Amenity), Policy 2.33 (Food, Drink and Entertainment Uses in the Central and Waterfront Business areas) of the Cardiff Unitary Development Plan Deposit Written Statement Oct. 2003 and the Council’s Supplementary Planning Guidance ‘Restaurants, Takeaways and other Food and Drink Uses’ (June 1996) and ‘Premises for Eating, Drinking and Entertainment the City Centre’(September 2000). A 4.30 closing time of the premises would likely give rise to increased levels of anti-social behaviour, crime and disorder in the City Centre locality, contrary to the advice contained in W.O. Circular 16:94 (Planning Out Crime) and Policy 2.33 (Food, Drink and Entertainment Uses in the Central and Waterfront Business Areas) of the Cardiff Unitary Development Plan Deposit Written Statement Oct 2003.

2.

1. 1.1

DESCRIPTION OF SITE 25 Westgate St is more commonly known as the Old County Club, It is a Grade II Statutory Listed Building located on the junction of Westgate Street and Quay Street, with its NE facing elevation fronting Womanby Street and SW facing elevation fronting the Marlborough House flats and Millennium Stadium access apron on the opposite side of Westgate St.

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2. 2.1

SITE HISTORY Planning permission 08/02329/C Granted permission for the use of the premises as a café bar, for the performance of live music, and other entertainment and for the insertion of a new door onto Westgate Street in April 2009. A condition of that permission requires that 2. Patrons shall not be admitted to, or be allowed to remain on, the premises between 00:30 hrs and 07:00 hrs, except on a Friday or a Saturday night (Saturday or Sunday morning) when they may be admitted to, or remain on the premises, until 01:30 hrs. Reason: To protect the amenity of nearby residents.

2.2

3. 3.1 3.2 3.3 3.4

POLICY FRAMEWORK Planning Policy Wales (Feb 2011) Welsh Office Circular 16/94: Planning Out Crime (1994) Planning Guidance Wales TAN 11: Noise City of Cardiff Local Plan: Policy 35 (City Centre Principal Business Area) Deposit Cardiff Unitary Development Plan (October 2003): Policy 2.24 (Residential Amenity) Policy 2.31 (Central and Waterfront Business Areas) Policy 2.33 (Food, Drink and Entertainment Uses in the Central and Waterfront Business Areas) Policy 2.57 (Access, Circulation and Parking) Policy 2.64 (Air, Noise and Light Pollution) Supplementary Planning Guidance Supplementary Planning Guidance ‘Restaurants, Takeaways and other Food and Drink Uses’ (June 1996). Supplementary Planning Guidance ‘Premises for Entertainment in the City Centre’ (September 2000). Eating, Drinking and

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3.6

3.7

Other Material Considerations City Centre Strategy 2007-2010

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4. 4.1

INTERNAL CONSULTEE RESPONSES Highways - Waste Manager An extension in the hours of opening may lead to an increase in the volume of waste produced. This should either be reflected in an increase in refuse storage capacity or an increase in the frequency of refuse collections. Please remind the agent/applicant that a commercial contract is required for the collection and disposal of all commercial waste.

5. 5.1

EXTERNAL CONSULTEE RESPONSES South Wales Police have placed a verbal objection to the application on the basis of exacerbating existing levels of anti-social behaviour, crime and disorder in the City Centre. Full comments will be reported at Planning Committee.

6. 6.1

REPRESENTATIONS Objections have been received from Owners and Occupiers of 10 and 12 Dunraven House, 1 and 10 Marlborough House; 4 and 15 Branksome House; and from the owner of two residences in the Castle Flats. The Objections relate to loss of amenity, additional noise and potential increase in crime and disorder and anti-social activity.

6.2

7. 7.1

ANALYSIS The premises previously operated as the Glamorgan County Council Staff Club (A private members club with no admittance to the general public). In late 2007 it became insolvent and closed. This use was not restricted in terms of opening hours. The Planning permission granted in 2009 (08/2329/C) was therefore for an alternative type of food and drink use; allowing general access to members of the public and allowing use as a ‘restaurant and cafe/bar, and for the performance of live music and other entertainment’; hours restricted by planning condition, as above. The principal issue here is whether the additional hours of trading to the general public from half past one in the morning on Friday and Saturday Nights and from half past midnight for the remainder of the week until half past four in the morning

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7.3

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would unduly detract from residential amenity in the area, or be likely to increase levels of crime and disorder in the locality. 7.4 The premises are located in a mixed use area of office, commercial and residential uses. Westgate Street maisonettes, approximately 152 units in total are located within 20m of the premises; and there are newly built apartments (over 20 units) above the former Grand Hotel in Westgate Street as short distance to the North. The Council’s adopted Supplementary Planning Guidance ‘Restaurants, Takeaways and other Food and Drink Uses’ highlights that the proximity of a food and drink use to residential accommodation is important because of the nuisance which can be caused to residents by reason of noise and increased activity associated with customers entering and leaving the premises which could adversely affect their amenity. Therefore restrictions (in the form of planning conditions) can be imposed to limit opening hours to minimise disturbance to residents caused by noise at times when residents could reasonably expect noise and disturbance levels to be decreasing, particularly late at night and in the early morning. The Council’s adopted Supplementary Planning Guidance ‘Premises for Eating, Drinking and Entertainment the City Centre’ identifies that consideration will be given to whether a proposal relating to a Class A3/D2 type use is likely to have an adverse effect upon the amenities of local residents, businesses in the surrounding area and the public at large thereby recognising the potential for such premises to harm the amenity of the surrounding area by giving rise to or exacerbating problems such as noise and disturbance and other anti-social behaviour. This SPG notes that particular problems for local residents can arise when customers leave such premises around ‘closing time’ and that issues of noise, nuisance and disturbance are particular problems where alcohol sales are the primary purpose of Use Class D2 (entertainment) premises. In the City Centre Strategy 2007-2010, the premises fall within the Stadium Strategy Area, where it is a strategic objective to manage the concentration of licensed premises. Another objective is to reduce crime and perceptions of crime in the area. A strategic objective of the Strategy is to take appropriate action to ensure that licensed premises operate safely, do not cause nuisance, crime and disorder, in the interests of ensuring a thriving and balanced night time economy. The Strategy also highlights the need to manage the concentration of licensed premises in the area. TAN 11: “Noise” identifies that measures should be introduced to control the source of, or limit exposure to noise where there are noise-sensitive

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developments, for example by limiting the operating time of the noise source through the use of conditions to safeguard local amenity. 7.10 Policy 2.24 (Residential Amenity) of the Deposit UDP states that development should not be permitted if it would cause unacceptable harm to the amenity of existing or proposed residential development. Whilst Policy 2.33 (Food, Drink and Entertainment Uses in the Central and Waterfront Business areas) recognises that whilst Class A3 and D2 uses will be permitted within the Central Business Area they must not have an adverse impact on amenity and the general environment in terms of issues including noise. Although it is considered to be desirable that the application premises, which is a vacant listed building and subsequently ‘at risk’ of degradation, be brought back into beneficial use, it is not considered that the existing hours restriction would preclude the viable use of the premises, and that the additional hours are not ‘necessary’ for the approved use to operate. At the time of the original application for the change of use, much debate was had, and conditions imposed, regarding the use of windows and doors onto Westgate Street and Womanby Street and planning conditions applied which sought to restrict egress of customers to Womanby Street in the early hours. It is inevitable however that upon leaving, customers would have only three possible routes from the premises, being to go towards St. Mary Street, towards Castle Street along Womanby Street which would pass the flatted accommodation above the Royal Hotel, or towards Westgate Street towards the Westgate Street Maisonettes. There is therefore obvious concern that the degree of noise and disturbance of patrons of entering and leaving the premises up until 04:30 would result in a more intense impact on the amenity of neighbouring residents than at 00.30 / 01.30 as currently permitted and that, similarly, even with the benefit of sound attenuation measures, the performance of live music until 04.30am would have an unacceptable impact in the quieter hours of the early morning. The applicant’s representations that trading until 4.30am would bring the trading hours of the premises in line with a recently granted Liquor Licence, and with some other operators in the City Centre is not accepted; as the criteria for consideration of granting planning permission is amenity and environmentally based, which licensing considerations are not. It remains, as considered at the time of the granting of the change of use, to be more important and logical, to limit the trading hours of food and drink premises in close proximity of residential accommodation, the residents of which should reasonably expect some respite from very late nearby activity, than to permit the extension of hours based on parity with premises in different circumstances and situation with a successful licence application determined under different criteria.

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8. 8.1

CONCLUSION In this context the 04:30 hours of opening proposed are considered excessive, unjustified and likely to unacceptably detract from the reasonable enjoyment and practical usage of nearby residential accommodation, and likely to sustain and exacerbate existing levels of anti-social behaviour, crime and disorder in the locality of the city centre. The refusal of variation of condition 2 of Planning Permission 08/2329/C is therefore recommended.

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