Cardiff Council Planning Committee August 2012

5th September 2012 20871513 To: Members of the Council Dear Councillor Planning Committee Wednesday 12th September 2012 at Committee Room 3, County 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 3rd October 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 12TH SEPTEMBER AT 2.30PM

AREA PAGES INNER 1-129 HOUSEHOLDER 130-158 OUTER 159-296

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 2006-2021 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) Replacement Structure plan 1991- 2011

Adopted April 1997

City of Cardiff Local Plan (including Waste Policies)

Adopted January 1996

South Glamorgan (Cardiff Area) Minerals Local Plan

Adopted June 1997

Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan incorporating Proposed Alterations No. 1

Approved September 1989

Mid Glamorgan Replacement Structure Plan

Modifications to the Plan including 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)

Approved March 1963

Mid Glamorgan Minerals Local Plan for Limestone Quarrying

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.

PLANNING COMMITTEE - 12 September 2012

Page No. App No. Location Description Decision Officer

1 12/00280/DCI 27 RHIGOS GARDENS, CATHAYS, CARDIFF, CF24 4LS

GROUND FLOOR REAR EXTENSION AND CONVERSION TO 4 FLATS

PER OGR

16 12/00309/DCI LAND AT OXFORD STREET, ROATH, CARDIFF, CF24 3DT

279 BED UPMARKET STUDENT ACCOMMODATION TAILORED TO INTERNATIONAL STUDENTS AND POSTGRADUATES

106 RJC

43 12/00974/DCI MITRE HOTEL, 10-12 WYNDHAM STREET, RIVERSIDE, CARDIFF, CF11 6DQ

CONVERSION OF GROUND FLOOR PUB TO COMMUNITY CLASSROOMS AND ALTERATIONS TO EXISTING FLAT OVER

PER RJC

53 12/01032/DCI LAND ADJACENT TO 42 CRAIGLEE DRIVE, ATLANTIC WHARF, CARDIFF, CF10 4BN

FULL APPLICATION FOR A SINGLE DWELLING PER CJE

64 12/01133/DCI CARDIFF INSTITUTE FOR THE BLIND, SHAND HOUSE, 20 NEWPORT ROAD, ADAMSDOWN, CARDIFF, CF24 0YB

REFURBISHMENT AND CHANGE OF USE OF EXISTING BUILDING INCLUDING 2 STOREY ROOF EXTENSION TO FORM 198 STUDENT BEDS WITH AMENITY AND MANAGEMENT FACILITIES AND 610 M2 FLEXIBLE ACCOMMODATION FOR RETAIL A1, A2, AND CAFÉ / RESTAURANT A3 USES TO BASEMENT AND GROUND FLOORS

106 LAD

82 12/01155/DCI 35 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2BU

CHANGE OF USE FROM A1 TO A3 (TAKEAWAY/RESTAURANT) & RETENTION OF EXTRACTION FLUE

PER OJF

90 12/01206/DCI 101 CITY ROAD, ROATH, CARDIFF, CF24 3BN

CHANGE OF USE FROM USE CLASS A1 TO A3 NEW SHOP FRONT AND ALTERATIONS TO FRONT ELEVATION

PER OJF

99 12/01241/DCI 25 Westgate Street, Cardiff, CF10 1DA

VARIATION OF CONDITION 2 OF PLANNING PERMISSION 08/02329/C TO ALLOW EXTENSION OF OPENING HOURS TO 02:30AM SEVEN DAYS A WEEK

REF OJF

108 12/01267/DCI 23-24 PARK PLACE, CATHAYS PARK, CARDIFF, CF10 3BA

DEMOLITION OF EXISTING BUILDINGS AND PROPOSED MIXED-USE DEVELOPMENT, STUDENT ACCOMMODATION COMPRISING OF 14 APARTMENTS HOLDING A TOTAL OF 79 BEDROOMS. (5 X 5 BED APARTMENTS AND 9 X 6 BED APARTMENTS), PLUS A RETAIL UNIT AS PART OF THE SAME BUILDING AT 200SQM

REF LAD

122 12/01268/DCI 23-24 PARK PLACE, CATHAYS PARK, CARDIFF, CF10 3BA

DEMOLITION OF EXISTING BUILDINGS ON SITE REF LAD

PLANNING COMMITTEE - 12 September 2012

Page No. App No. Location Description Decision Officer 130 12/00701/DCH 5 CARDIFF ROAD,

LLANDAFF, CARDIFF, CF5 2DN

ALTERATIONS TO EXISTING HOUSE TOGETHER WITH CONVERSION OF ROOF SPACE AND PROVISION OF DORMER WINDOWS TO REAR

STV ELS

141 12/00857/DCH 1 FORDWELL, LLANDAFF, CARDIFF, CF5 2EU

PROPOSED FIRST FLOOR EXTENSION, CONSERVATORY, ALTERATION TO PARKING AREA, CONSTRUCTION OF OUTBUILDING BEHIND PARKING AREA, NEW BOUNDARY ENCLOSURE AND OTHER WORKS

PER ODJ

F:\REPORTS\HOUSEHOLDER\12.09.12\PLANNING CTTEE SCHEDULE TEMPLATE Sept 2012.doc

PLANNING COMMITTEE 12th SEPTEMBER 2011 Page No. App No. Location Description Decision Officer

159 11/2178/DCO 100 TY WERN ROAD, RHIWBINA, CARDIFF, CF14 4SF

CONVERSION OF FOUR BEDROOM HOUSE INTO TWO SELF CONTAINED FLATS WITH SINGLE AND FIRST FLOOR REAR EXTENSIONS AND LOFT CONVERSION WITH REAR DORMER

PER MR

177 11/2190/DCO FORMER MALTINGS PUBLIC HOUSE, COWBRIDGE ROAD EAST, CANTON, CARDIFF, CF5 1GZ

CONSTRUCTION OF 26 NO. DWELLINGS, DEMOLITION OF EXISTING PUBLIC HOUSE AND ASSOCIATED WORKS

106 MR

206 12/427/DCO 16 THE AVENUE, LLANDAFF, CARDIFF, CF5 2LQ

DEMOLITION OF THE EXISTING TWO STOREY DWELLING AND GARAGE TO PROVIDE A THREE STOREY RESIDENTIAL DEVELOPMENT COMPRISING OF 5NO SELF-CONTAINED TWO AND THREE BEDROOMED UNITS AND ASSOCIATED CAR PARKING (AMENDED PLANS)

REF JH

222 12/464/DCO LAND ADJACENT TO CEFN EURWG, DRUIDSTONE ROAD, OLD ST MELLONS, CF3 6XJD

PROPOSED RESIDENTIAL DEVELOPMENT - 4 UNITS

REF TW

234 12/529/DCO LAND ADJACENT TO 15 CWM NOFYDD, RHIWBINA

RETENTION OF DETACHED DWELLING PER JJ

245 12/910/DCO FORMER ARJO WIGGINS, OLD MILL BUSINESS PARK,

SITE REMEDIATION INCLUDING BREAKING UP, CRUSHING AND STOCKPILING OF CONCRETE HARD STANDINGS AND FOUNDATIONS,

PER JH

SANATORIUM ROAD, CANTON, CARDIFF, CF11 8DS

EXCAVATION AND RE-COMPACTION OF MADE GROUND, APPROPRIATE TREATMENT OF CONTAMINATION, REMOVAL OF DRAINS AND SERVICES AND TREATMENT OF JAPANESE KNOTWEED AND ANY OTHER ASSOCIATED WORKS

270 12/1140/DCO VISION 21 LTD (CYFLE CYMRU) UNIT 17, COMMUNITY CENTRE, BWLCH ROAD, FAIRWATER, CARDIFF, CF5 3EF

INSTALL A 9.7M X 21M SINGLE STOREY MODULAR BUILDING IN CAR PARK AREA

PER APB

281 121184/DCO POSTANS BAKERY, 102 WENTLOOG ROAD, RUMNEY, CARDIFF, CF3 3EA

PROPOSED CHANGE OF USE CLASS TO A3 HOT FOOD TAKE AWAY 17:00-23:00 HOURS AT 102 WENTLOOG ROAD, RUMNEY CARDIFF CF3 3EA

REF TW

289 12/1303/DCO RADYR COMPREHENSIVE SCHOOL, HEOL ISAF, RADYR, CARDIFF, CF15 8XG

VARIATION OF CONDITIONS 2, 4 AND 10 OF PLANNING PERMISSION 10/02289/DCO TO ALLOW CONTINUATION OF USE

PERU TW

LOCAL MEMBER OBJECTION / PETITION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/280/DCI APPLICATION DATE: 13/03/2012 ED: CATHAYS APP: TYPE: Full Planning Permission APPLICANT: Dr Salih LOCATION: 27 RHIGOS GARDENS, CATHAYS, CARDIFF, CF24 4LS PROPOSAL: GROUND FLOOR REAR EXTENSION AND CONVERSION TO

4 FLATS ___________________________________________________________________

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

numbered ACA9/4/d, ACA9/5/b, ACA9/6/b and ACA9/10/c, 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 windows shall be inserted in side elevation of the extension facing 25 Rhigos Gardens. Reason: To ensure that the privacy of adjoining occupiers is protected. 4. C7S Details of Refuse Storage 5. C3S Cycle Parking 6. The materials to be used in the construction of the external surfaces of

the extension hereby permitted shall match those used on the existing building. Reason: To ensure the external materials harmonise with the existing building in the interests of the visual amenity of the area.

7. The existing garage at the site shall be retained at all times for the parking of vehicles associated with the approved residential use. Reason: To ensure that adequate parking provision is retained clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

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

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consent and this planning approval gives no such rights to undertake works on land outside the applicant’s ownership. 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,

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.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Planning permission is sought to convert an end of terrace dwelling in Rhigos

Gardens into 4 flats, along with a single-storey extension to the rear of the dwelling. This application was deferred from Planning Committee on the 11th of July for a Committee site visit which took place on the 8th August. The application was then reported to Planning Committee on 15th August and deferred for officers to draft potential reasons for refusal – see paragraph 8.11.

1.2 The proposed single-storey rear extension wraps around the property’s

existing two-storey rear annexe (see attached plan). The proposed extension is 5.3 metres wide and has a total length of 7.7 metres; it would project 3.5 metres beyond the rear of the existing annexe and is 3.6 metres in height to

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ridge with a hipped roof (2.4 metres to eaves). The extension would be finished in render with a slate roof.

1.3 The application as originally submitted included a rear dormer extension and

a larger flat roof single-storey extension. Officers expressed concern to the agent over the design of these extensions and amended plans were subsequently received illustrating the dormer extension removed from the application and the single-storey extension reduced in length and roof form amended to a hipped roof.

1.4 The proposed development would provide 2 no. one-bedroom flats at ground

floor, a one-bedroom flat at first floor rear and a two-bedroom flat over first floor front and second floor. Each flat includes a shower room, combined lounge/kitchen area and bedroom. Access would be gained to each flat via a shared hallway from the existing front entrance of the dwelling and all residents would have access to the rear garden area, which would include 6 no. cycle stands and bin storage area.

2. DESCRIPTION OF SITE 2.1 The property is a traditional end of terrace dwelling located adjacent the

junction of Rhigos Gardens and Maindy Road. The property includes an enclosed front forecourt and rear garden. The rear garden is enclosed by a 1.8 metre high brick wall and fence and includes a detached brick-built garage that is accessible from Maindy Road. The dwelling has been extended with a conservatory on the side elevation adjacent Maindy Road.

2.2 Rhigos Gardens comprises of two rows of brick-built terrace properties facing

an attractive open grassed square lined with trees. Parking is provided for residents on-street around the square. A lane adjoins the terrace to the rear, which provides access to rear gardens/garages

3. SITE HISTORY 3.1 12/00016/DCH: Ground floor rear extension and rear dormer – withdrawn

29/02/12 4. POLICY FRAMEWORK 4.1 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) 11 (Design and Aesthetic Quality) (ii) 17 (Parking and Servicing Facilities) (iii) 18 (Provision for Cyclists) (iv) 28 (Subdivision of Residential Property)

4.2 The following policies of the Deposit Cardiff Unitary Development Plan

(October 2003) are relevant:

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(i) 2.20 (Good Design) (ii) 2.22 (Subdivision of Residential Properties), (iii) 2.24 (Residential Amenity) (iv) 2.57 (Access, Circulation and Parking Requirements) (v) 2.74 (Provision of Waste Management Facilities in Development)

4.3 The following Supplementary Planning Guidance is relevant:

(i) Cardiff Residential Design Guide (March 2008), (ii) Householder Design Guide (March 2007) (iii) Access, Circulation and Parking Standards (January 2010) (iv) Waste Collection and Storage Facilities

5. INTERNAL CONSULTEE RESPONSES 5.1 The Operational Manager, Transportation, advises that in terms of parking

requirements the current dwelling would attract between 1 and 2 spaces; while the proposed conversion to 3 no. one-bedroom flats and 1 no. two-bedroom flat would attract between 2 and 5 parking spaces. The parking standards for the 2 uses therefore overlap at the upper level of the existing and lower level of the proposed. However, in considering the parking requirement the location of the site, similar precedent developments, and appeal decisions must also be taken into account. To which end it is noted that the site is in close proximity to the Crwys Road/Woodville Road district centre as well as the City Centre, with all the employment, shopping, entertainment, etc., opportunities such a location affords. The location is also within easy reach of bus public transport services on Cathays Terrace and Maindy Road, rail services at Cathays Station and is ideally located to take advantage of the cycle network and on road cycle facilities. The location of the site is therefore considered to be extremely sustainable in transportation terms. It must also be noted that a recent flat conversion/development at Teal Street, Roath, for 9 units was refused on parking grounds. The refusal was appealed and subsequently determined in favour of the applicant, with costs awarded against the Council.

For the above reasons, it is concluded that the site is sustainably located and policy compliant provided at least 6 no. secured cycle parking spaces are provided at the site and therefore any objection on parking grounds would be unsustainable, and any reason for refusal on that basis would not withstand challenge at Public Inquiry. Accordingly, the Transportation Service has no objection to the proposal subject to a condition ensuring at least 6 no. long-stay sheltered and secured cycle parking spaces are provided at the site.

5.2 The Operational Manager, Waste Management, advises that the identified

refuse storage area should be capable of accommodating 4x25 litre kerbside caddies, 4x140 litre bulk bins, a storage space for recycling bags, and should be accessible to all residents of the flats.

5.3 The Strategic Planning Manager, Pollution Control, request that an advisory

note relating to contamination and unstable land be included on any

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permission. 5.4 Welsh Water Dwr Cymru requested that conditions be imposed on any

permission to ensure that foul water and surface water is drained separately from the site and that land drainage runoff shall not be discharged into the public sewerage system.

6. EXTERNAL CONSULTEE RESPONSES 6.1 Nil 7. REPRESENTATIONS 7.1 Neighbours have been consulted and letters of objection have been received

form the occupiers of Nos. 4, 5, 14, 23, 25, Rhigos Gardens, Nos. 31, 37, Maindy Road and No. 28 Pentyrch Street, raising the following concerns:

(i) The change in use to flats will not be in keeping with the character of

the street, which comprises of two and three bedroom family homes. (ii) The proposed development is an over intensive use of the existing

space and would jeopardise the build quality of the dwelling. (iii) The intensive use of the property as 4 flats would result in an

unacceptable increase in noise levels. (iv) The proposed rear extension would block out natural light to

neighbouring properties. (v) There are currently parking pressures in the area due to nearby student

accommodation and, following a petition by local residents, permit parking has been installed for parts of the street. The existing provision is aimed at family homes that have an average of one car per household, there is not enough parking provision to accommodate the proposed 4 flats.

(vi) The proposed extension would block sunlight to the rear facing kitchen window and garden of No. 25 Rhigos Gardens.

(vii) The proposed ground floor extension would overlook Nos. 31 & 37 Maindy Road and prejudice the privacy of the occupiers of these properties as well as that of the future occupiers of the flats

(viii) The development would set an unwelcome precedence in a locality which struggles to maintain a sense of community within a large student population. Providing more rented properties owned by landlords changes the balance of occupation between owners and tenants and ultimately leads to the deterioration of the area.

(ix) It seems unnecessary to create additional student accommodation at a time where student numbers are falling. There is no need for this type of accommodation, particularly as there are a large number of properties in Cathays uninhabited.

(x) Building on such a large area of garden could have implications on drainage.

(xi) No external fire escape has been shown for the proposed flats. 7.2 Jenny Rathbone, Assembly Member for Cardiff Central, advises that she has

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been contacted by a constituent with concerns over the proposed development and she advises that residents have the following concerns:

(i) The extension will be intrusive and reduce light to the adjoining

properties and would be clearly visible at this location. (ii) The conversion into flats is overdevelopment and this kind of dense

housing has an impact on the local area in terms of rubbish collection, parking, noise etc.

(iii) The street still has a high proportion of permanent residents in an area that has faced challenges where many of the properties have been brought by landlords. Allowing a conversion into flats here would create a dangerous precedence that would change the nature of the local area.

(iv) The Council should make a strategic decision that Cathays needs a proportion of permanent residents and should promote residents’ interests rather than the interests of landlords as far as they can. The loss of family homes affects the viability of local schools, crime and even the sense of local community.

7.3 Councillor Elizabeth Clarke objects to the application for the following

reasons:

(i) The proposed development represents an overdevelopment of the site, it would turn a 3 bedroom family home into 4 flats which may have up to 8 people living there and there is little amenity space for each resident.

(ii) There are long running parking problems in Rhigos Gardens and the Maindy Road area and the proposed development would lead to serious further parking problems on the street.

(iii) It is understood that there is no precedent in Rhigos Gardens for any single storey extensions. At 3.5 metres from the house the proposed extension will be out of keeping with neighbouring properties and, as it is an end of terrace property, would be seen from the road.

(iv) The plans are unclear and do not clearly outline what space will be available for residents in the flats and in terms of safety, there does not appear to be a fire escape identified from the attic rooms.

(v) The proposed extension would result in loss of light the neighbouring property.

7.4 Councillors Sam Knight, Sarah Merry and Chris Weaver object to the

application on the following grounds:

(i) The size of the extension after amendment is still significant and will be intrusive and reduce light to adjoining properties.

(ii) There is a particular problem in Cathays with the number of residential homes being converted to HMO’s and flats – the high density of population that results from this has significant impact in terms of parking, rubbish, and noise. It affects the provision of Council services in Cathays with the Council having to put huge resources into street cleansing and rubbish collections. It has also affected the numbers on

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the rolls at local schools and consequently their funding, in the past their long term viability has been called into question causing anxiety for families in the area.

(iii) This small area of Cathays has already faced considerable pressure from the development of flats built behind Maindy Road, resulting in lack of parking for residents.

(iv) The application is clearly overdevelopment and sets a detrimental precedent for the future.

(v) The Council needs to have a strategy for ensuring that Cathays retains a proportion of properties available for non-multi occupation households, and should put the interests of all residents, owner-occupiers and tenants, ahead of landlords as much as possible.

7.5 Former Councillors Simon Wakefield and Jon Aylwin object to the application

for the following reasons:

(i) The drawings are inadequate to allow for proper assessment of the proposed development.

(ii) The number of flats, and size of the proposed extension, represents an overdevelopment of the site.

(iii) The extension overlooks No. 25 and any windows in the side elevation facing this property should be glazing in obscure glass.

(iv) Four flats would result in 8 residents, all of which would be entitled to parking permits and there is only space for 1 car outside the property.

7.6 A petition including 61 signatures has been submitted by the occupier of No.

25 Rhigos Gardens objecting to the application on the following grounds:

(i) The ground floor extension is an overdevelopment that substantially increases the footprint of the dwelling and appears out of keeping with other dwellings in the area.

(ii) The extension substantially reduces the available garden space. (iii) The extension will be overbearing and greatly reduce the natural light

and visual outlook from immediate neighbours. (iv) The proposed development of 4 flats with 5 bedrooms has a possible

occupancy of 10 people. (v) An increase in tenants will bring further potential parking problems to

an already congested parking area. (vi) An increase in tenants will add greatly to the potential for increased

noise and disturbance.

8. ANALYSIS 8.1 Policy 28 of the Local Plan supports the subdivision of residential property to

self-contained flats subject to ‘appropriate provision for car parking, amenity space and refuse disposal together with appropriate external alterations’. Policy 2.22 of the UDP also supports such development provided that a) ‘the resulting residential accommodation and amenity will be satisfactory’; and b) the cumulative impact of such conversions will not adversely affect the

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amenity of the area’. The principle of converting the existing house into flats is therefore considered acceptable.

8.2 The proposed flats all have a floorpace of 30sqm or above, which meets the

minimum floorspace standards normally applied to this type of development, and all habitable rooms within the development include satisfactory outlook.

It should be noted that, in respect of the proposed physical extension, the

Householder Design Guide requires sufficient garden space to be retained to accommodate bin and cycle storage, washing line and useable form and location for private amenity space. A minimum of 25m2 of an appropriate shape and siting should be retained (dependent upon the context of the size of the house and garden). For larger houses, or those areas where the established character includes good sized private gardens, any extension…. beyond the permitted development limit, should ensure the retention of a significant area of garden space. Proposals in this instance will be considered in relation to the character and context of the original house.

The proposed development would retain more than 70sqm of shared external

amenity space at the rear of the proposed extension, which would be accessible to all resident. Accordingly, it is considered that the proposed flats would offer acceptable living standards for future occupiers and does not constitute overdevelopment.

8.3 The proposed single-storey rear extension as originally submitted adjoined the

boundary with No. 25 Rhigos Gardens, projected 4.5 metres beyond the rear elevation of this neighbouring property, and had a 2.9 metre high flat roof. Officers expressed concern to the agent over the design of the extension and its impact on the neighbouring occupiers and amended plans have subsequently been received illustrating the extension set in 200mm from the boundary with No. 25, reduced in length to 3.5 metres adjacent this boundary, and its roof form altered to a hipped roof that has an eaves height of 2.4 metres adjacent the boundary with No. 25 and slopes up and away from the boundary to a ridge height of 3.2 metres.

8.4 It is considered that the proposed extension at a length of 3.5 metres and

eaves height of 2.4 metres adjacent the boundary with No. 25 would not have an unacceptable impact on the amenities of the neighbouring occupiers in terms of overshadowing or overbearing. The extension is located a significant distance from all other residential properties and would not prejudice the privacy of the neighbouring occupies.

8.5 The proposed extension, as amended, is subservient to the main dwelling and

incorporates a slate pitched roof, which is in keeping with the roof of the main dwelling and garage. The extension is subservient to the main dwelling and retains adequate rear gardens space. Accordingly, it is considered that the proposed extension would not have an adverse impact on the street scene and does not constitute an overdevelopment of the site.

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8.6 The site plan submitted with the application indicates that a bin storage area would be provided for residents of the flats within the enclosed rear garden of the property. The Operational Manager, Waste Management, is satisfied with this arrangement provided adequate facilities are provided, which can be secured by a condition (see condition 4).

8.7 The concerns raised in respect of parking are noted. The site is well located in

relation to public transport services (see paragraph 5.1) and the site includes a 6 metre wide detached garage that is capable of accommodating 1 - 2 cars. In addition to this off-street parking, Rhigos Gardens includes resident parking, and unrestricted parking is available adjacent the site on Maindy Road. Accordingly, subject to appropriate conditions that ensure cycle parking and garage parking is provided and retained at the site, it is considered that adequate parking provision would be available for future residents and therefore an objection to the proposal on parking grounds cannot be sustained.

8.8 The concerns over the need for additional flats, the loss of ‘family homes’ and

wider impact of such flat conversions on the area are noted. However, information from Private Sector Housing shows that there are currently no registered HMO’s in Rhigos Gardens, no licensed HMO’s in the 14 properties at the rear along Pentyrch Street, 1 HMO on Gelligaer Gardens, and of the 41 properties between Nos. 1-81 (odds), there are 3 licensed HMO’s. The Council’s current adopted planning policy supports the conversion of residential properties into flats (see paragraph 8.1) and, given the above facts and the fact that there are no consented flats on this street, it is considered that there is no policy grounds to warrant a refusal of the application in terms of character or over concentration.

8.9 In terms of other concerns raised, not addressed above:

• There is no evidence to warrant a refusal on the grounds of pressure to Council Services.

• If a noise nuisance were to arise from the proposed flats it would be subject to normal statutory noise complaints procedures and controls which are covered by the Council’s Pollution Control Service.

• The submitted plans are considered sufficient to allow for proper assessment of the proposal.

• There are other properties in Rhigos Gardens that have single-storey rear extensions.

• The requirement to provide appropriate drainage from the proposed extension, and fire escapes within the building, are covered by Building Regulations.

• It is considered that, subject to appropriate conditions, the proposed development complies with adopted planning policy and, as such, approval of the application would not set an undesirable precedent.

8.10 In view of the above, it is recommended that planning permission be granted,

subject to conditions.

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8.11 Notwithstanding the above, if Planning Committee resolve to refuse planning permission for the reasons discussed at Committee on 15th August, the followings reasons for refusal are offered: 1. The proposal fails to provide a significant useable form of amenity

space for the prospective occupiers of the flats, contrary to Policy 28 of the City of Cardiff Local Plan (January 1996) and Policy 2.22 of the Deposit Cardiff Unitary Development Plan (October 2003).

2. The proposed conversion of this small family dwelling into four flats

would result in the loss of family accommodation in an area which contains a high concentration of flatted & shared accommodation and which would have an adverse impact on the character, make up and amenity of the Cathays area, and is considered contrary to Policy 28 of the City of Cardiff Local Plan (January 1996) and Policy 2.22 of the Deposit Cardiff Unitary Development Plan (October 2003).

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LOCAL MEMBER OBJECTION

COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/00309/DCI APPLICATION DATE: 29/02/2012 ED: PLASNEWYDD APP: TYPE: Full Planning Permission APPLICANT: LG Urban Developments Ltd LOCATION: LAND AT OXFORD STREET, ROATH, CARDIFF, CF24 3DT PROPOSAL: 279 BED UPMARKET STUDENT ACCOMMODATION

TAILORED TO INTERNATIONAL STUDENTS AND POSTGRADUATES

___________________________________________________________________

RECOMMENDATION 1: That, subject to the relevant parties entering into a binding agreement with the Council under S106 of The Town and Country Planning Act 1990 with respect to issues raised in section 9 of this report that Planning Permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. No development shall take place until a comprehensive scheme of foul

and surface water drainage for the development has been submitted to and approved in writing by the local planning authority; the approved scheme shall be implemented in full prior to the occupation of any accommodation hereby approved.

Reason: To ensure for a sustainable drainage solution 3. The drainage scheme required by condition 2 shall include for a report

on the practicality of utilizing Sustainable Urban Drainage techniques (SUDs) for the disposal of surface water from the development based on the results of ground permeability testing.

Reason: To ensure that the potential for utilizing SUDs has been appropriately investigated with the aim of reducing/attenuating the volume of surface water flows entering the public drainage system.

4. 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

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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. 5. 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. 6. 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 LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced. 7. No part of the development shall be commenced until a scheme of

construction management has been submitted to and approved by the Local Planning Authority, to include as required 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.

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8. No part of the development hereby permitted shall be commenced until a scheme of environmental improvements to Castle Lane, Oxford Street, Oxford Lane and Vere Street adjacent to the site has been submitted to and approval in writing by the LPA. The scheme should include as required, but not be limited to, the provision of an enhanced lighting scheme to Castle Lane, the construction of the proposed access crossover on Oxford Street; the widening of the footway on the development side of Vere Street between City Road and Oxford Street, with consideration to making this one way operation; the resurfacing as required of the remaining footways, including the northern footway of Oxford Lane between City Road and Oxford Street; the creation of a contraflow cycle lane on Oxford Lane between Oxford Street and Wordsworth Avenue; to include surfacing, kerbs, edging, drainage, lighting, lining, signing and Traffic Orders as may be required as a consequence of the scheme. The agreed scheme to be implemented to the satisfaction of the LPA prior to beneficial occupation of the site. Reason: To facilitate appropriately safe and efficient access to the proposed development and mitigate against any otherwise potentially adverse impact on surrounding residences and businesses in the interests of highway and pedestrian safety.

9. No part of the development hereby permitted shall be occupied until a

travel/parking/traffic/resident/letting management plan to include, but not limited to, 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 travel/parking/traffic/resident/letting management plan shall thereafter be implemented in accordance with the approved details and thereafter be so maintained.

Reason: in the interest of highway safety and to regulate the impact of the development on use of the adjacent highway.

10. Doors and ground floor windows must be designed and installed in

such a way as to prevent them opening outward over any public footway or adopted highway.

Reason: In the interest of pedestrian safety. 11. C20 Architectural Detailing 12. E1B Samples of Materials 13. The consent relates to the application as amended by the revised plans

received on 20 August 2012 and additional information received on 28 August 2012, attached to and forming part of this planning application.

Reason: The plans amend and form part of the application.

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14. A scheme of sound insulation works to the floor/ceiling and party wall structures between any communal areas (including but not limited to any ancillary A3 areas) and any residential accommodation within the development shall be submitted to and agreed by the Local Planning Authority in writing and implemented prior to occupation.

Reason: To ensure that the amenities of residents within the development are protected.

15. There shall be no arrival, departure, loading or unloading of delivery or

service vehicles outside of the hours of 08:00 and 20:00 on any day. Reason: To ensure that the amenities of residential occupiers within

the development and amenities of occupiers/users of nearby premises are protected.

16. The rating level of the noise emitted from any 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 residential occupiers within the development and amenities of occupiers/users of nearby premises are protected.

17. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that Order

with or without modification) The ancillary ‘cafe’ use shall only be operated as such shall not be used for any other purpose or operated as an independent planning unit.

Reason: To ensure that the amenities of residential occupiers within the development and amenities of occupiers/users of nearby premises are protected.

18. Notwithstanding the provisions of the Town and Country Planning (Use

Classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification) no sale of hot food for consumption off the premises shall take place from the café element of the premises. Reason: To ensure that the amenities of residential occupiers within the development and amenities of occupiers/users of nearby premises are protected.

19. The extraction of all fumes from any commercial 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 or visual intrusion. 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 any

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cooking of food. The equipment shall thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having first been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the amenities of residential occupiers within the development and amenities of occupiers/users of nearby premises are protected.

20. The café shall not operate outside of the hours of 07:00 and 22:00

Mon-Sat or outside of the hours of 09.00 and 22.00 Sundays. Reason: To ensure that the amenities of residential occupiers within the development and amenities of occupiers/users of nearby premises are protected.

21. No development shall be commenced until there has been submitted to

and approved in writing by the local planning authority a scheme of landscaping ,which shall include details of all hard surfaced / paved areas, tree and other planting. All approved hard landscaping shall be implemented prior to the occupation of the accommodation hereby approved and any soft landscaping within a timetable to be agreed with the local planning authority but no later than the end of the first available planting season following occupation of the development . Reason: To maintain and improve the appearance of the area, the development and enhance the privacy and amenity of occupants.

22. 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. 23. No part of the development hereby permitted shall be occupied until

the 142 cycle parking spaces indicated on the approved plans have been proved on site; thereafter the cycle parking spaces shall be retained and maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles and to promote the use of sustainable transport.

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24. Notwithstanding the details provided on submitted drawings, the development shall be provided with a maximum of 11 car parking spaces for operational purposes only, and no other car parking spaces shall be provided. The 11 Car Parking spaces shall be laid out in accordance with a scheme of detail which shall first have been submitted to and approved by the Local Planning Authority in writing and be made available for the parking of vehicles prior to the beneficial use of the development. The parking spaces shall thereafter be so maintained and shall be used for operational parking space only and for no other purpose.

Reason: To ensure for a sustainable transport solution. 25. C1P BREEAM - (Non Res) Overarching Condition 26. C1Q BREEAM - (Non Res) Pre-Commencement 27. C1R BREEAM - (Non Res) Post Construction 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: 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 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) 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

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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




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 highway works condition above 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 6: All ground floor doors and windows should be installed to meet the Police Secured by Design standards.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 This proposal was first presented to planning committee on 15th Aug

2012, but consideration of the application was deferred for the purpose of a site visit which took place on 5th Sept 2012.

Since last presentation the Architect has submitted amended plans which alter fenestration arrangements to the Castle Lane elevation; a sunpath analysis which confirms no impact on residential properties to the east, and an aerial photograph of the site when covered with substantial buildings. The Architect also confirms that as a ‘study hotel’ the building will have a concierge service, 24hr security and offer a high level of pastoral care.

1.2 This detailed application relates to redevelopment of a vacant site for 279

postgraduate student bed spaces in, principally, 4 storey height accommodation arranged in a courtyard formation with residential blocks forming the boundaries of the site and with an open central amenity area. The

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scheme currently tabled includes for 1 disabled and 13 standard operational parking spaces and 142 Cycle spaces accessed from Oxford Street.

The development would also contain a small ancillary café within its reception

area. 1.3 Waste storage and service installations would be accommodated within a

ground level undercroft on the Oxford St side of the development and waste would be collected from that road.

1.4 Externally the building would be finished in white render above a Staffordshire

blue brick plinth and with coloured infill panels in primary red blue and yellow colours. The internal courtyard would be similarly finished with added panels of Staffordshire blue brick at higher levels. The inner courtyard would be landscaped in a mixture of hard and soft materials and would contain managed tree planting.

1.5 The building has achieved a BREEAM pre-assessment score of 63.4 credits

allowing for 10% renewable energy, and achieves a ‘Very Good’ sustainability rating under this methodology

2. DESCRIPTION OF SITE 2.1 The application site relates to cleared rectangle of land (76 x 42m - 0.31 h)

on the corner of Vere Street and Oxford Street in Plasnewydd (forming the N and E boundaries of the site). A rear service lane (Castle Lane) forms the western boundary and separates the site from the rear of properties at 22-42(e) City Road. To the South, the site is abutted by a single storey industrial unit with ancillary parking area (Minerva Laboratories and Ultrawave Ltd).

2.2 The application site is located in an area with a mix of uses including storage /

commercial buildings to the east and south, residential units to the south-east (Roden Court), a local authority playground to the north, and the rear of principally Class A1 shop and A3 food and drink premises (some with residential flats / storage above) to the west.

2.3 The surrounding area is characterised by a mix of one, two and three storey

properties with notably taller buildings at Longcross Court on Newport Road and Coleg Glan Hafren to the west.

3. SITE HISTORY 3.1 A full application (07/2117/C) for 104 No. 1 and 2 bedroomed flats was

resolved to be Granted Planning Permission in January 2008 subject to the signing of a legal agreement for commuted payments in respect of Community Facilities, Transportation Improvements and in lieu of Amenity Space Provision totalling approximately £171,000 and to realise 30% affordable housing accommodation on site (20% social rented

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accommodation + 10% low cost home ownership). The legal agreement has not been progressed.

3.2 A full application, 07/350/C, for 110 one and two bed flats over 3, 4 and 5

storeys was refused permission on 19 July 2007 principally because of lack of affordable housing; overdevelopment; privacy for prospective residents compromised by courtyard layout; substandard access via Castle Lane; and, insufficient distance behind parking spaces.

3.3 Two outline planning applications (siting and means of access identified) were

submitted in 2005 (05/541/C – southern part of the site, and 05/542/C – northern part) for a phased residential redevelopment with a total of 106 flats and 87 parking spaces on the entire Minerva Dental site. These applications were reported to Planning Committee in August 2005 and Committee resolved to grant both outline consents subject to the signing of a Section 106 Agreement. Again, the legal agreements have not been progressed.

4. POLICY FRAMEWORK 4.1 Planning Policy Wales (2002) Planning Policy Wales TAN12: Design 4.2 Adopted City of Cardiff Local Plan (January 1996):

Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for Cyclists) Policy 31 (Residential Open Space Requirement) Policy 40 (City Road Area)

4.3 Cardiff Unitary Development Plan (Deposit Written Statement October 2003): Policy 2.20 (Good Design)

Policy 2.24 (Residential Amenity) Policy 2.26 (Open Space, Recreation and Leisure) Policy 2.36 (City Road Area) Policy 2.57 (Access, Circulation and Parking Requirements)

4.4 Supplementary Planning Guidance

- Waste Collection and Storage Facilities (March 2007) - Open Space (January 1999) - Access, Circulation and Parking Requirements (June 2006) - Community Facilities and Residential Development (March 2006) 5. INTERNAL CONSULTEE RESPONSES 5.1 Transport Infrastructure and Waste (Transport Policy)

The submission has been assessed and is considered acceptable subject to the following comments, conditions and S106 matters:

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Conditions: • Standard Cycle Parking condition C3S modified to specify a minimum of

50% of total bedroom numbers (min. 140 spaces) under cover and secure for residential use;

• Combined Travel and Student Accommodation Traffic Management Plan condition –

• Highway works condition – • Construction management plan condition – • Outward opening doors/windows – 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.

Section 106 contribution: A financial contribution of £3,120 towards additional traffic order modifications that may be required as a consequence of the development. Second Recommendation: 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. Comments: Original Scheme In respect of the scheme as originally submitted (which had 10 operational parking spaces), the Transportation Officer had the following comments: The adopted Access, Circulation and Parking Standards SPG confirms that up to one parking space per 25 beds may be provided for operational use, amounting to a maximum of 11 spaces for the proposed development; there is no requirement for on site resident or visitor car parking. I am therefore satisfied that subject to the cycle parking condition, the application is compliant with adopted parking policy. I am also satisfied, subject to agreement of the Traffic Management Plan, that there is sufficient capacity within Oxford Street to manage the arrival and departure of the student residents at the start and end term. This approach is consistent with a number of other similar student residences. It should be noted that the incoming student residents would not qualify for Resident Parking Permits, that the letting/management plan will control

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vehicle access to and student car parking within the site and surrounding area, and that a contribution is sought towards making any TRO modifications that may be required as a consequence of the development. The site is also located within easy reach of a well served, high frequency main bus corridor (Newport Road) as well as the City Road District Centre, with both inbound and outbound stops/services. As a result the site is within easy reach of a wide range of local facilities on City Road as well as the City Centre. I am satisfied that the development will not have a detrimental impact on the use of the surrounding highway network and therefore have no objection to the application subject to the above conditions, S106 and other comments. Amended Proposals Further Observations were sought in respect of the amended proposals (which show 14 operational car parking spaces) and raised objection from the Transportation Officer as the additional operational spaces; could not be justified and exceeded the ratio approved in the Council’s Supplementary Planning Guidance (11 operational spaces). This objection is maintained and a condition to limit the number of operational spaces to accord with the SPG advised.

5.2 Pollution Control: Contamination: The site of the proposed development has a history of being a former water treatment works, with reservoirs which were subsequently infilled. Therefore there is a potential for contamination to be present, and given the sensitive end use of residential development an appropriate assessment of the risks from contamination and ground gases should be undertaken. Therefore the following conditions are recommended: Ground gas protection; contaminated land measures; imported soils; imported aggregates; together with a contamination and unstable land advisory notice Noise: Require conditions in respect of a scheme of sound insulation works; opening hours 08:00 -23:30 delivery times 08:00 - 20:00; plant noise; together with a construction site advisory notice. Air Pollution: Require conditions in respect of no takeaway sales; kitchen extraction;

5.3 Parks Services

The Council’s Supplementary Planning Guidance - Open Space requires provision of a satisfactory level and standard of open space on all new

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housing/student developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable. The central courtyard open space is a very positive element of the design which will undoubtedly add to the quality of scheme, both for students using the courtyard and also when viewed from the rooms. However as the courtyard will be a private space only available to students using the accommodation, rather than the general public, the developers are 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, allowing for an occupancy rate of 279 the contribution will be £147,816.

It will be necessary for the applicant and the Council to enter into a Section 106 Agreement to secure payment of the contribution.

5.4 Strategic Planning Officer There are no land use policy concerns. As there are no onsite communal facilities provided in the proposed student accommodation, an off site contribution of £410 per person would be required. Based on the information given we would request a contribution of £114,390. This is calculated on the following basis: 279 one bedroom student accommodations: (£410pp) 410 x 279 = £114,390

5.5 Highways (Drainage)

The applicant has indicated an intention to discharge surface water that will be generated by the proposed development to a 'Main' (Public) Sewer and it is not clear whether the use of infiltration techniques such as soakaway drainage has been investigated. Conditions to secure such investigation and a comprehensive drainage scheme for the site are requested.

5.6 Highways (Waste)

The highways officer had concerns over collection vehicle manoeuvring in respect of the original intention to service the site from Castle Lane. The intent under the revised scheme is to service the development from Oxford St. and further comments are awaited, but would appear to alleviate any concerns.

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6. EXTERNAL CONSULTEE RESPONSES

6.1 South Wales Police (Architectural Liaison): South Wales Police have no objection but do have concerns that this accommodation is aimed at a potentially vulnerable group of people (students) and is located in a high crime rate area close to City Road where there are high incidents of anti-social behaviour and assault. There is there a need to ensure that this building if approved is built to recognised standards in terms of security and safety such as Secured by Design.

6.2 Welsh Water Advise of the likely location of a public sewer crossing the site; and make

several observations in respect of foul, surface and land drainage run off. These have been passed to the agent.

6.3 Western Power Advise of the likely location of electrical apparatus in the vicinity of the site and advise care should be taken and safe working practices adhered to.

7. REPRESENTATIONS 7.1 Former and current Local Members have been consulted on the proposals.

Cllr McGarry has written to covey: “I am writing to strongly object to the above planning application for 279 bed student accommodation. I have grave concerns regarding the parking provision included in the plans: 10 parking places for 279 people seems far too few. I realise that the idea is to discourage students from bringing their cars, but these plans assume that the students will be discouraged. I know, from long experience, that the majority of students DO have cars and DO bring them with them to university. The impact on the residents living nearby will be severe. I ask that the planners re-look at this and provide many more parking spaces. There are 142 cycling bays in the plans. These are not going to be used: I doubt if even a quarter of them are needed. Some of this space could be used for car parking. Also, the area with trees planted could be used. Students do not need a leafy area and the area certainly cannot be seen from neighbouring properties. This brings me on to another reason for my objection: This is planned to be a four storey building. The impact on the view and the light to the properties behind it will be detrimental. In particular, the properties at the end of Southey Street, and those in Woodland Place and Cowper Place and Cowper Court. Also, that area is a conservation area and to see a high, ugly building beside these period properties would look incongruous.

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I also have worries about students living in an area that is predominantly an area where elderly people live. There is a public house on the corner just down the road from the proposed student accommodation. The noise and the behaviour associated with students and drinking establishments would impact on the quality of life of the other residents around. The population in our ward is already very concentrated. To bring in another 250/300 people will affect all the local services. For instance, doctors’ surgeries. It will also increase street litter problems. Finally, I have concerns that the traffic down Oxford Street will increase if these flats are allowed to go ahead. Also the residents will be affected by the construction period and the impact of lorries and cranes and the noise associated with them.”

7.2 Neighbouring occupiers have been consulted and the proposals have been advertised on site and in the press.

Objections/Concerns have been received from residents/interests at 3b, 6, and 8 Southey Street; 6 Wordsworth Ave; 10 and 55 Four Elms Court; 6 Vere St; 10 Woodland Place; 1 Cowper Place; 1, 5 and 6 Cowper Court; 11 Roden Court, and from 3 e-mail accounts (one passed on by former Cllr. Rodney Berman).

The majority of objections/concerns relate to inadequate parking provision to

serve the development and feared resultant overspill parking in nearby side streets; but also to Narrow Street widths for service vehicles; traffic congestion and inadequate manoeuvring space; conflict of use with vehicle movements associated with existing commercial operations in the area; Scale of the building; Overshadowing; Privacy; Overlooking; Overbearing impact; noise and chaos from young boisterous people in conflict with elderly residential accommodation; exacerbation of anti-social behaviour in Castle Lane; exacerbation of alcohol related problems in City Road, and proximity of Wetherspoons and the Old Poets Corner; increased footfall /noise and disturbance cause by access on Oxford St; alternative use/lettings over summer break; not possible to guarantee post-grad or foreign student occupation; unnecessary accommodation; site more suited to retirement apartments; impact on the character of the conservation area; excessive burden on utilities (water, gas, drainage, electricity), and disproportionate increase in the transient population.

An e-mail commentator supports the proposal, in principle, but would

encourage a reduction in numbers to circa 200 students in a three storey building.

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8. ANALYSIS 8.1 Land Use

Whilst the use applied for is a ‘sui-generis’ use (not falling within any defined use class), it is similar in most respects to a residential use. Historically there has been no objection in principle to residential use of the site which has been long established (07/02117/C - 05/541 and 05/542). The application site falls within the City Road area as defined in the City of Cardiff Local Plan. As such, Policy 40 of the Local Plan and Policy 2.36 of the deposit UDP apply. Residential development is favoured in the City Road Area under Policy 40 of the Local Plan. Policy 2.36 of the deposit UDP allows residential uses in the City Road area subject to consideration of harm to the shopping frontages or the shopping role and character of the centre. Given that the site does not front City Road and would not result in the loss of shopping floorspace, it would be difficult to argue that the proposal for an ancillary café within the development would have an adverse impact on shopping frontages or harm the shopping character of the centre. The proposal therefore raises no strategic land use concerns.

8.2 Parking

It is acknowledged that the principal concern of neighbours is the perceived inadequacy of parking provision to serve the development of 279 bedspaces. However the application site is in a highly accessible location and is easily accessed by foot, cycle, bus and train. The proposed development of the site for student residential use would serve to minimise the need to travel to the university by vehicle, and occupiers would benefit from a wide range of shops services and facilities within walking distance of the site. There are bus stops in City Road and Newport Rd, nearby rail connections would allow rail access to Cardiff Bay and Cardiff Central and onto the National Rail network. The site is ideally placed to accommodate residential accommodation without the need for non operational car parking provision and accords with both national and local sustainable transport agendas in this respect.

Amended drawings indicate the site would provide vehicle parking spaces for operational parking needs only (14 spaces including 1 disabled space). However this exceeds the Council’s supplementary planning guidance ratios by 3 spaces. Given the highly sustainable location, reduction of this number to 11 spaces would accord with the Council’s aims of promoting development which is not reliant on car based transport. It is hoped that the absolute absence of resident car parking space, and traffic order restrictions locally,

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will discourage the majority of residents from car ownership / parking within the vicinity. Suggestions that the student cycle area or even amenity space provision within the courtyard would be better used for residential car parking are noted, and the architect has indicated that this could be provided. However, the planning officer would strongly resist this, as limited parking space as opposed to an absolute absence of residential parking space would encourage greater use / misuse of the highways and could lead to anti-social behaviour, arguments over rights of usage which a nil provision would avoid. The Architect is also keen to point out that the development is envisaged / to be marketed as a ‘study hotel’ for international students who would not bring cars with them.

8.3 Access The Transportation Officer’s comments are noted, and the upgrading and modifications of the local highway network to accommodate the development have been considered against the relevant CIL criteria and have been considered to meet relevant tests, in that they are considered by the planning officer to be necessary to make the development acceptable in planning terms, directly related to it; and reasonable and proportionate in scale and kind to the proposal.

In terms of access, initial proposals relied on servicing the development from Castle Lane. This has now been abandoned and access is now proposed off Oxford Street. This has raised some objection in respect of increasing activity along Oxford St, both generally and in respect of service vehicles and cycles accessing the undercroft cycle store, and students on foot who would likely use the Oxford St. entrance to access their bedsit accommodation in the SE corner of the development. However it is not considered that such use should result in any undue disturbance if service vehicles were restricted to within certain hours and because other entrances to the accommodation are available and promoted. (The principal entrance to the majority of bedspaces would be from Vere Street). Ultimately, Oxford St is an adopted highway and capable of accommodating increased vehicle movements. The Transportation Officer is looking to realise a one-way arrangement to the highway network prior to the beneficial occupation of the development which would improve on existing traffic management in the locality. The highway would not see any increase in vehicles looking for residential parking space as none are provided, and Oxford St itself would continue to be subject to traffic Orders. Special arrangements would be made for the beginning and end of term, but this is not considered an unreasonable imposition on local residents for potentially a maximum of 6 weekends per year.

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8.4 Provision for Cyclists The development allows for the provision of 142 on site cycle parking spaces which accords with current SPG and is considered acceptable. Suggestions that this space would be better utilised for car parking would be counter to the Council’s sustainable transport objectives.

8.5 Design and Aesthetic Quality The complex is based on a courtyard arrangement of perimeter blocks with central amenity area. This is supported as it allows the incorporation of an amenity area into the development and an attractive living environment for residents. The massing of the blocks is very similar to the previous approved schemes of flatted development and would be principally of four storey height. The blocks are shown as being generally over a meter lower (11.2m) than the previously approved development (12.6m) for the majority of the length of the building; but would be a little higher (12.7m) at its Vere St. end in comparison to that previously approved (11.3m). This is not objected to in design terms. Externally the building would be finished in white render above a Staffordshire blue brick plinth and with primary red blue and yellow infill panels. The internal courtyard would be similarly finished with added panels of Staffordshire blue brick at higher levels. The inner courtyard would be landscaped in a mixture of hard and soft materials and would contain managed tree planting. The upper elements of the roofscape would be in vertical silver grey aluminium shingles; and louvers, fenestration, and doors would be in dark grey powder coated aluminium. The aesthetic of the building is supported in the given context.

The building will be required to meet extant sustainability standards and

achieve a ‘Very Good’ BREEAM rating or equivalent. This is appropriate. 8.6 Historic Environment

It is not considered that the proposal built form would detract from the Wordsworth Avenue Conservation Area given the distance from its boundary and presence of other intervening buildings.

8.7 Residential Open Space Requirement Under Policy 31 of the Local Plan and SPG, as no recreation / play space is being provided on-site, the developer is required to make a financial contribution, secured through a Section 106 Legal Agreement, towards the provision of open space off-site or the improvement of existing open space in the locality.

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Using the residential breakdown provided in the application, the financial contribution required is £147,816.

The requested contribution is considered compliant with the relevant CIL tests.

8.8 Residential Amenity

The Planning Officer notes a number of objections on grounds of scale, privacy, loss of light, light pollution and noise nuisance.

8.9 Scale In the given context of traditional three storey properties on City Road, taller developments along Newport Rd and the commercial nature of surrounding development, a four storey development is not considered excessive, and sufficiently far away from residential properties in Roden Court (17m), Woodland Place (28m), Wordsworth Avenue (84m) and Cowper Place (25m), not to result in any unduly adverse impacts on enjoyment of those properties by residents in respect of outlook. Given the nature of the surrounding built environment and past planning approvals it would be extremely difficult to justify a refusal of permission in terms of scale as the building is generally lower than those previously approved. The Architect has also provided an aerial photograph of the site from a few years ago which shows the site covered in a number of substantial buildings. He considers that although a number of residents may have became familiar with the site as a vacant plot, that previous building heights and relationships are material. This is accepted

8.10 Overshadowing/Privacy

Similarly, these buildings were considered unlikely to result in significant overshadowing of residential properties around the site, and, as this building is generally lower its impact would be less. It is considered very unlikely that the development would reduce the amount of daylight receipt to residential accommodation which would warrant refusal of the scheme. The architect has, at the request of the planning officer, commissioned a sunpath / shadow analysis of the impact of the building. This confirms no negative implication for residential properties in Woodland Place or Cowper Place. In response to the specific concerns raised by the owner of “Michael Powell Art”, 6 Vere Street, it is accepted that the building would deny morning

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sunlight to the Castle Lane elevation of 6 Vere Street but this is currently a commercial property and has alternative windows in the Vere Street elevation. It is also considered, in respect of sunlight receipt that the overall impact of the proposal when compared with previously approved schemes is not significantly different as the overall mass of the building to the south of 6 Vere Street would have countered the reduced height of the building in the immediate location of 6 Vere Street after a very short time. It is also noted that the planning permission 07/883/C for the conversion of the property to two flats with roof garden, granted in June 2007, has now expired without implementation. Any future development proposals at 6 Vere Street would need to be considered on their relative merits in the context of any future development. Notwithstanding this however, it is recognised that the two first floor, and upper level windows (which serve a drawing office), in that property would have been within 4m of windows within the new accommodation; accordingly the architect has re-orientated/rearranged internal layouts to mitigate against this overlooking. Amended plans showing north facing windows to relevant rooms are now considered acceptable.

8.11 Light Pollution A resident of Cowper Court has commented that night time illumination from Maplins on City Road is sometimes irritating at a distance of some 128m from windows in their property and is concerned that the new development which, at 25m away, is much closer, will be proportionately worse and unacceptable. The planning officer accepts that the new proposals will bring windows in habitable rooms significantly closer to Cowper Court than the commercial windows of retail shops in City Road, however, at a distance of 25m this is not considered unreasonable or uncommon in the context of privacy distances of circa 21m between habitable room windows in new build developments.

8.12 Noise Nuisance The proposal includes an ancillary A3 coffee shop use adjacent to its reception area accessed from Vere Street. Provided this were conditioned to be restricted to an ancillary use, and with curtailment of operational hours this is not considered an objectionable facility. Hours of servicing can also be appropriately controlled by planning condition. It is accepted that students are more likely to participate in the late night economy than occupants of other types of residential accommodation, and perhaps be more likely to return home at later hours than occupants of general needs or retirement accommodation. However it is anticipated that most students would be returning on foot, and noted that the principal

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entrance to the complex is positioned well away from any existing residence. It is also noted that City Road itself offers an existing late night economy/activity and it is not considered likely that the proposed complex of student residences would produce a level of noise or disturbance in excess of that already experienced in the area. This would similarly apply during daytime hours where general traffic noise an activity in city road would be unlikely to be exceeded by general activities within the accommodation.

8.13 Community Facilities The SPG for ‘Community Facilities and Residential Development’ was formally adopted by Council on 22nd March 2007. The SPG was adopted to provide guidance on national and local planning policy which highlights the importance of the planning system in ensuring that the infrastructure on which communities depend is adequate to accommodate proposed development. Policy 21 of the City of Cardiff Local Plan (adopted January 1996) supports the provision of community facilities as part of new residential developments. It is also in accord with Planning Policy Wales which supports the negotiation of planning obligations and states “Contributions from developers may be used to offset negative consequences of development, to help meet local needs, or to secure benefits which will make development more sustainable”. The development manager accepts the comments of the strategic planning officer in respect of the fact that a development proposing a significant increase in population, such as this, would create pressures on existing local facilities that need to be offset via financial contribution. The requested contribution is therefore considered compliant with the relevant CIL tests. It is understood that the requested sum of £114,390 might be used to support and improve existing facilities at the Council’s own Plasnewydd Community Centre on Shakespeare Street; at the Mackintosh Sports and Social club and the Gate Arts and Community Centre on Keppoch Street, all of which are likely to experience added pressure as a result of the new population. This would seem appropriate.

8.14 Other Issues ‘The site would be more suitable for retirement or family housing’ No such proposals have been put forward. The local planning authority can only determine such proposals as are placed before it. ‘There is no guarantee of occupation by post graduate students or that the accommodation would be alternatively occupied in summer break’.

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The application description is specific in respect of the use of the development and planning permission would be required for any alternative use not of the same character.

‘Excessive burden on utilities’

None of the utility providers have suggested that the development would have any adverse effect on supply. Foul and surface water drainage are subject of detailed approval by means of planning condition. ‘Excessive burden on services and increase litter’ The site is centrally located to a number of Doctors surgeries on City Rd, and Newport Road and to the New GP and dental facilities which are scheduled to open in Cardiff Royal Infirmary next year. There has been no evidence submitted to suggest that student halls produce a disproportionate amount of litter. The proposals indicate appropriate refuse storage for the use intended. ‘Residents would be affected by construction activity.’

The impact of construction activities would be no different to those experienced in respect of any other development.

‘The building is high and ugly and inappropriate adjacent to a conservation area’.

It is accepted that the aesthetic is subjective, but the building is not considered to be of an unacceptable appearance. It is also considered sufficiently far away from residential property frontages within the conservation area not to have any adverse impact on the character and appearance of that area. ‘Disproportionate increase in the transient population.’ This issue is raised in respect of a perception that transient occupiers have less regard to the condition of their accommodation and surroundings. It is accepted that in converted housing with absentee landlords, that this can be an issue. However the advantage of this scheme is that it is a purpose built managed scheme where tenancy and the behaviour of students and maintenance of the accommodation are in the best interests of the operator. There is no reason to suggest that the development would not be well managed and kept in good order or that residents students who are post graduate or international students would not wish to maintain their living environment in a good condition.

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The architect has confirmed that unlike the student accommodation, this ‘study hotel’ will have a concierge service, 24hr security, and a large degree of pastoral care.

In respect of any physical impact on the fabric of the conservation area, It is considered unlikely that occupation of the premises by students would have any direct impact on the character or appearance of properties in the conservation area which for the most part are separated from the development site by other buildings, and which because of the cul-de-sac nature of Wordsworth Ave, students would have no reason to visit.

9. SECTION 106 MATTERS

9.1 Section 106 Agreement

Planning Permission is only recommended to be Granted subject to the developer entering into a binding legal agreement with the local planning authority under S106 of the Town and Country Planning Act 1990 to cover the following: Agreement that the site is to be used for student accommodation only. The payment of a contribution of £3,120 for the modification of traffic orders in the locality. The payment of a contribution of £147,816 for the provision/maintenance of open space in the locality. The payment of a contribution of £114,390 for the procurement/support of community facilities within the area. The applicant’s agent has been advised of these requests and has to date raised no objection to the provision.

9.2 Grampian Provisions The submission and implementation of a scheme of highway improvements/public realm enhancements to be approved by the local planning authority prior to the commencement of development; to be implemented in full prior to the occupation of any accommodation approved by this permission can be secured by means of Grampian condition as the affected land is within the Council’s control and need not be part of the S106 legal agreement. The applicant is aware of this requirement.

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10. SUMMARY

10.1 The development is considered a positive undertaking in respect of the redevelopment of a long term vacant site; to provide a use which will contribute to the ongoing economy of the area and of the city generally, and to be ideally geographically placed to realise a highly sustainable form of accommodation without need for any reliance on car based transport.

10.2 It is also recognised that the Plasnewydd ward comes under development

pressure for dwellinghouse conversion, for both student accommodation and general needs flat conversions. The current proposal could help reduce pressure in this regard.

10.3 The provision of 279 bedspaces would effectively equate to the conversion of

approximately 45 properties to HMOs or to 90 dwellinghouses converted to 3 flats units which might otherwise be used as family accommodation.

10.4 The Granting of Planning Permission is recommended

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AMENDED PLAN 12/00309/DCI

29.08.2012

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AMENDED PLAN 12/00309/DCI

29.08.2012

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OXFORD STREET VERE STREET

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c081361

Typewritten Text

COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/974/DCI APPLICATION DATE: 29/06/2012 ED: RIVERSIDE APP: TYPE: Full Planning Permission APPLICANT: Cardiff Islamic Centre LOCATION: MITRE HOTEL, 10-12 WYNDHAM STREET, RIVERSIDE,

CARDIFF, CF11 6DQ PROPOSAL: CONVERSION OF GROUND FLOOR PUB TO COMMUNITY

CLASSROOMS AND ALTERATIONS TO EXISTING FLAT OVER ___________________________________________________________________

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. This permission grants consent for the mixed use of the premises as a

four bedroom flat (Use Class C3) and for a teaching room (Use Class D1) with ancillary toilet and storage facilities, an outside seating / play area, together with a single operational parking space, (with facility for prayer but not principally as a place of worship) and for no other purpose, including any other purposes in Use classes C3 or D1 as defined by the Town and Country Planning Use Classes Order 1987 (or any Order amending, revoking or re-enacting that Order). Reason: Permission is granted only because of the characteristics peculiar to this proposal. Other uses within Classes C3 and D1 could prejudice the amenities of the area.

2. A scheme of sound insulation works to the party walls and ceilings

between the ground floor community use and first floor residential use shall be submitted to and agreed by the Local Planning Authority in writing and implemented prior to occupation. Reason: To ensure that the amenities of occupiers of the flatted accommodation are protected.

3. 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 (including the upstairs flat) 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 the flat and other premises in the vicinity are protected.

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4. A flood evacuation procedure shall be provided in the premises and all volunteers/teachers made aware of the risks of flooding and protocols to be followed in the occurrence of an extreme flooding event. Reason: To mitigate against any potential risk to Human Health and Building Fabric in the event of a flooding event.

5. An area within the enclosed curtilage shall be allocated for secure

cycle storage and shall be maintained for that purpose at all times. Reason: To encourage and accommodate travel by sustainable transport modes.

6. Prior to beneficial use, the premises shall be provided with one

operational parking space related to the ground floor use of the property as a community classroom. The parking space shall be retained for such purposes at all times. Reason: To allow for the parking of vehicles associated with the community classroom use clear of the adopted highway in the interests of improved traffic management.

7. Unless otherwise agreed in writing by the local planning authority, the

use of the community classroom and associated ancillary spaces shall be limited to daytime use only (07.00 – 19.00). Reason: Use of the premises outside of such hours may unduly impact on the amenities of residential occupiers in the area.

RECOMMENDATION 2: The applicant/operator is encouraged to contact Cheryl Owen of the Council’s Transport Policy Group for help in providing public transport and non-car mode travel information within the teaching room and residential flat in order to encourage more sustainable modes of travel. TEL: 029 20873722. RECOMMENDATION 3: The applicant/operator is encouraged to sign up to the Environment Agency’s Early Warning system relating to the River Taff.

1. DESCRIPTION OF DEVELOPMENT 1.1 The proposal is to covert the former Mitre Public House and associated

Landlord’s accommodation into a single 4 bedroom flat and community classroom facility.

1.2 The applicant has confirmed that the facility will operate along the same lines

as an existing facility in nearby Wells St in that it would function primarily as a Womens meeting place / Women’s education facility whilst children are in school, but will then operate as an after school club between 3pm until around 6pm.

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1.3 Staff would be volunteers, it would not be expected that more than 25-30

people (Children and Adults) would occupy the education facility at any one time. The applicant has indicated that there is no intention to open the centre during the evening/at night.

There is no intention to use the facility as a Mosque.

1.4 The site would have one operational parking space to the N of the building,

which is quite generous in size and can accommodate secure cycle parking also.

1.5 A single 4 bedroom flat on 1st floor would be realised by refurbishment of the

former Landlord accommodation . The agent has confirmed that the flat use and the education use are separate entities and are not related.

1.6 Sound insulation measures will be employed between party ceiling/floors and

walls and the property has been fitted with new double glazed uPVC windows. 2. DESCRIPTION OF SITE 2.1 The former Mitre Public House is located at the Junction of Wyndham Street

and Heath Street. 2.2 Vehicle Access along Wyndham Street terminates at its junction with Heath

St. just to the NW of the site. 2.3 The site could therefore be approached by vehicle from all directions but

physical passage of vehicles to the site along Wyndham Street from the NW would be denied.

2.4 Cycle and pedestrian access is possible from all directions. 2.5 The area is predominantly two storey domestic terraced housing, but a

community hall is located opposite, and a small pocket park area lays adjacent, to the site.

2.6 The site comprises the former two storey, pitched roof public house, an

enclosed yard area (approx 33m2) and sufficient additional area for one car parking space and refuse area accessed from gates to the Heath Street highway, The building is detached from any other and has space around it.

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3. SITE HISTORY 3.1 There is no recent planning history on the site which is a longstanding A3

Public House use with Landlord accommodation above, likely Lawful by longevity.

4. POLICY FRAMEWORK 4.1 Cardiff Unitary Development Plan Deposit Written Statement 2003

Policy 2.24: Residential Amenity Policy 2.57: Access, Circulation and Parking Requirements Policy 2.62: Flood Risk Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development

4.2 SPG

Access, Circulation and Parking Standards Jan 2010 Buildings for Child-care Sept 98 Community Facilities and Residential Development Mar 07 Waste Collection & Storage Facilities Mar 07

5. INTERNAL CONSULTEE RESPONSES 5.1 Highways – Waste Management

Commercial and domestic waste must not be mixed. Waste must not be stored on the highway.

5.2 Pollution Control

Request conditions relating to party sound insulation and plant noise. 5.3 Transportation Officer

Raises no objection subject to a Cycle storage being realised and maintained by planning condition and also suggests that public transport and non-car mode information is provided by the developer/operator to users

6. EXTERNAL CONSULTEE RESPONSES

Environment Agency 6.1 The application site lies entirely within Zone C1, as defined by the

Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15). confirming the site to be within the 1%

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(1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Taff.

6.2 The planning application proposes highly vulnerable development on

previously developed land within a flood risk area. 6.3 Section 6 of TAN15 requires your Authority to determine whether the

development at this location is justified / the applicant to undertake and submit a flood consequence assessment (FCA) prior to determination of the application. (This has been done).

7. REPRESENTATIONS The application has been advertised on site and neighbours notified. 7.1 2 Heath Street : Ask if this is an Islamic School or Madrassa, what age groups it will cater for

and when classess would be held. They have concern over lack of parking facilities to serve the use and also point out the very tight right angled manoeuvring space which as existing causes vehicles to park on the pavement. They also question the need for such a facility which is similar to others nearby.

7.2 South Riverside Community Development Centre SRCDC have existed in the locality for over 30 years and occupy The

Wyndham Street centre (Opposite) and the ‘Riverside Warehouse’ at 56 Machen place.

SRCDC query whether the classroom is for adults or children, the catchment

of the building (i.e. local, or Cardiff wide), numbers of attendees and pattern of operations principally with the concern of insufficient parking being available in the area to serve their existing community operations, the Jalalia Mosque, residents, and the proposed use.

7.3 The occupier of 7 Wyndham Street has asked for conformation of the number

of residential flats proposed. 7.4 The owner of 5, 7, and 9 Heath St. objects to the proposal as he considers

this will cause undue noise and traffic in this quiet residential area. 7.4 Local Members were advised of the application and Cllr Hawkins asked for

clarification of the use of the centre which was not explicit in the application.

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8. ANALYSIS 8.1 Land Use

The application site falls within an existing residential area, as defined by the Local Plan. The application premises is a vacant public house with landlord accommodation over.. As the proposal does not involve the loss of any existing residential floor space, and taking into account that non-commercial community facilities are considered appropriate uses within residential areas, and the former levels of activity related to a Public House use, the proposal raises no land use policy concerns.

8.2 Capacity for Community Facilities

Cardiff’s Community Strategy recognises that community facilities are important for meeting a wide range of social needs and that provision of such facilities at a local level, in convenient locations, increases their accessibility for users; which can enhance the economic, social and environmental well-being of local communities.

Riverside has a large Muslim community. The applicant advises that historically, and generally, Muslim women have been denied opportunities and facilities for education, in language, culture, and other skills, which as well as providing an after school facility, this resource would seek to address.

It is understandable however that existing community facilities would seek to protect their operations and activities and resist such new developments as might negatively affect them. The principal concern being raised here being insufficient parking availability to serve an additional community facility. This is discussed below.

8.3 Child-Care / Education Childcare facilities can provide a valuable service to parents and carers

including those who by necessity wish to work, undertake training or further education; or have other commitments away from their children. Child care facilities including ‘after school’ facilities, whether in the form of play facilities, after school clubs, or extended educational facilities are therefore a valuable resources.

The Council’s SPG on childcare facilities, although more directly relative to

Nursery, Creche and playgroup provision, does recognise that such facilities can affect residential amenity, and as such promotes their location in employment areas and shopping centres where operations may extend

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beyond of 8am to 6pm Monday to Friday. . However it also recognises that facilities also need to be easily accessible to housing areas and allows flexibility where no demonstrable harm would be likely to be caused.

. In determining the likelihood of demonstrable harm, the SPG considers the

type of property, favouring detached premises; the impact on the character of an area in respect of non residential uses, the number of children to be catered for, and the likely traffic and noise nuisance, favouring change of use of commercial premises subject to the aforementioned.

As the property is detached; would not reduce the amount of residential

accommodation in the area; would likely cater for no more than 30 people during the daytime only; and would relate to the conversion of a former public house, the development would accord with all criteria, with the principal remaining consideration being access and parking (considered below).

8.4 Residential Amenity

Policy 2.24 of the UDP is intended to ensure that potential impact on residential amenity is among the factors considered in assessing development proposals, of whatever nature.

Its supporting text suggests that unacceptable harm may be caused as a result of the incompatible nature of a proposed use; the intensification of use or activity; resultant restriction of daylight or overlooking; or vehicle or pedestrian generation.

As educational/community facilities would not be considered incompatible

uses in a housing area; that the day time use of the property by approximately 25-30 people would likely represent a less intensive use of the property than its former use; that the development does not result in any discernable difference in terms of daylight restriction or overlooking of surrounding land or buildings, again the development would accord with all relevant criteria, with the principal remaining consideration being access and parking (considered below).

8.5 Access, Circulation and Parking Requirements

The planning officer acknowledges that the principal issue of concern to those making representation about the application is that of the perceived inadequacy of vehicle parking space to serve the development and other existing operations in the area. Policy 2.57 of the UDP seeks to ensure that all new developments properly address travel demand and traffic impact and make satisfactory provision for access and parking, particularly by pedestrians, cyclists, public transport

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users and people with special access and mobility requirements. Travel by car is no longer promoted if there are appropriate alternative modes of transport, and minimum parking provision is no longer a requirement. It is accepted that people who are minded to will continue to drive cars until such available parking capacity is exhausted and until use of a car becomes more disadvantageous than beneficial; and that a policy of ‘maximum’ car parking provision will continue to frustrate those whose first inclination is to travel by car, but this is not considered sufficient reason to modify the Councils policy position. It is also accepted that there are instances where users of facilities will necessarily rely of travel by car, such as OAP lunch clubs as indicated in the letter by SRCDC, or by people with mobility impairment, however individual travel by car would not be encouraged even in these situations if shared vehicle usage could be accommodated.

The Planning Officer has considered the comments of the Transportation Officer and the observations of those making representation regarding the development and the particular charateristics of the site. It is concluded that there are no obstructions or restrictions to hinder pedestrian access to the site and that walking is the most appropriate mode of travel to the site and to other community facilities in the area given their service of the ‘local’ community; The site is also easily accessible for cyclists and nearby to bus stops on Cowbridge Road. The premises also have the capacity for an operational parking area, for a car or minibus . Potential conflict of parking requirements for the lunchtime activities of the SRCDC was considered, A lunchtime site inspection revealed parking capacity in both Machen Place and Wyndham St. If the facility were a daytime use only then it is anticipated that there would be little conflict with resident parking needs in the evening or at night, or any conflict with evening activities at either of the nearby community uses. The Transport Officer’s comments regarding promotion of sustainable transport modes to both users of the centre and residents of the flat, are noted and concurred with, and overall it is concluded that the available parking situation is acceptable if sensibly used.

8.6 Air, Noise and Light Pollution There are not considered to be any light or air pollution issues related to the

proposals.

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The premises has an open area adjacent to No. 2 Heath St. (formerly an open area of the PH) However the boundary is substantial, and the use of the educational facility will be likely be curtailed by 6pm. with the predominant use of the facility by children being between 3pm and 6pm. This is not considered to be potentially any different in impact to that of the use of the park adjoining the boundary of the property. Other objections of likely noise nuisance are considered unfounded and noise levels resultant from the proposal considered likely to be significantly less than that generated by the former PH use.

8.7 Provision for Waste Management Facilities in Development

The submitted drawings indicate sufficient on-site storage space for refuse and re-cycling

8.8 Flood Consequences

The applicant’s agent has submitted an FCA and the developer accepts the risk of flooding. The FCA indicates a flood evacuation plan will be displayed at the premises and to the residents of the flat above.

As the premises were a public house previously, the new use / development is not considered to result in any greater risk to human health or building fabric than when in its previous use.. As this is the case the proposals contained within the FCA are considered appropriate in respect of the reasonable management of the risks of flooding and can be required by condition.

9. CONCLUSION 9.1 The proposal, by virtue of scale and location is not considered to be likely to

adversely affect residential amenity in the area, or by nature or pattern of use to conflict with other community activities unreasonably.

A conditional planning permission is recommended.

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/1032/DCI APPLICATION DATE: 06/07/2012 ED: BUTETOWN APP: TYPE: Full Planning Permission APPLICANT: Mr Ahmed LOCATION: LAND ADJACENT TO 42 CRAIGLEE DRIVE, ATLANTIC WHARF,

CARDIFF, CF10 4BN PROPOSAL: FULL APPLICATION FOR A SINGLE DWELLING ___________________________________________________________________

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

received on 20 August 2012, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. This consent relates to the application as supplemented by the

information contained in the email from the agent dated 20 August 2012. Reason: The information provided forms part of the application.

4. The vehicle manoeuvring area shown on plan numbered 1203/PL/02

revision E shall be provided prior to the beneficial occupation of the development and shall not be used for any purpose other than as a manoeuvring area. Reason: To ensure an orderly form of development and in the interests of highway safety.

5. The vehicle manoeuvring area shown on plan numbered 1203/PL/02

revision E shall be made available for the use of the occupiers of no. 42 Craiglee Drive and for future occupiers of the dwelling hereby approved and shall not be withheld from use by those occupiers. Reason: To ensure an orderly form of development and in the interests of highway safety.

6. The car parking provision shown on plan number 1203/PL/02 revision

E shall be laid out in accordance with the approved plan prior to the beneficial occupation of the development and shall thereafter be retained and maintained. Reason: To ensure an orderly form of development and in the interests of highway safety.

7. D5A Implement means of enclosure

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8. The refuse storage details shown on the approved plans shall be

provided prior to the beneficial occupation of the development. Reason: To ensure an orderly form of development.

9. C2N Drainage details 10. No part of the development hereby permitted shall be commenced until

a scheme detailing the 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 has been submitted to and approved by the Local Planning Authority, in writing.

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.

11. D7Z Contaminated materials 12. E7Z Imported Aggregates 13. The first floor bathroom window(s) on the side elevation facing 42

Craiglee 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.

14. Notwithstanding the provisions of the Town & Country Planning

(General Permitted Development) Order 1995 (or any Order amending, revoking, or re-enacting that Order) no windows other than that shown on the approved plan shall be inserted in the side elevation facing no. 42 Craiglee Drive. Reason: To ensure the privacy of adjoining occupiers is protected.

15. C1J CFSH - Stan Overarch Con Post 11/12/10 16. C1K CFSH - Pre-ComCon Post 11/12/10 17. C1L CFSH - Post Construc Con Post 11/12/10

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1. PROPOSED DEVELOPMENT 1.1 The proposal is for a detached four bedroom house. Vehicular access and

parking for 2 vehicles would be from an existing private access road off Craiglee Drive shared by 4 existing dwellings.

1.2 The proposed materials are brick to match the adjacent dwelling (no. 42),

Upvc double glazed windows and concrete interlocking roofing tiles. 1.3 The boundary would be enclosed by a 1.8m high timber fence. 1.4 The site is situated on a landfill site (Bute West Dock) and the application is

supported by a Geo Environmental Report from Groundsolve Ltd. 1.5 Amended plans have been submitted which reduce the parking provision to 2

spaces (one space for no. 42 and one space for the new dwelling) and provide a manoeuvring area to allow vehicles into and out of the site in forward gear.

2. SITE DESCRIPTION 2.1 The site area is 480 sq m situated at the end of a cul-de-sac off Craiglee

Drive. The existing dwellings in Craiglee Drive are semi-detached, with the application site lying in a corner position, adjacent to No. 42 and at right angles to the garden of No. 41. The land is currently vacant with open access to the side of no. 42.

2.2 To the rear of the site is public open space and to the east are Roma House

flats at a lower level, separated from the site by the access road to the flats. A pumping station is situated at this lower level.

2.3 The area falls within land allocated for residential use in the City of Cardiff

Local Plan. 3. PLANNING HISTORY 3.1 03/1628C – Outline application for a new dwelling, WITHDRAWN. 3.2 04/0508C – Outline application for a new dwelling, REFUSED 27.05.04 on

grounds of insufficient details of land contamination investigation and risk assessment being submitted to demonstrate that the land is suitable for residential use.

3.3 05/0997C – Full planning application for a two-storey four bedroom dwelling

and external works, WITHDRAWN. 3.4 05/2324C – Full planning application fro a two storey, four bed house with a

detached garage and external works – Refused (Dismissed at appeal)

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4. PLANNING POLICY FRAMEWORK 4.1 City of Cardiff Local Plan:

Policy 10 Contaminated or Unstable Land Policy 11 Design and Aesthetic Quality Policy 17 Parking Policy 22 Protection of Residential Land

4.2 Deposit Cardiff Unitary Development Plan:

Policy 2.20 Good Design Policy 2.24 Residential Amenity Policy 2.57 Access, Circulation and Parking Requirements Policy 2.63 Contaminated and Unstable Land

4.3 Supplementary Planning Guidance: Waste Collection and Storage Facilities Access, Circulation and Parking Standards 5. INTERNAL CONSULATION RESPONSES 5.1 Transportation Services: No objection, subject to the imposition of a

condition seeking to retain parking spaces (as amended) and the submission of a construction management plan.

In assessing the application as originally submitted (four parking spaces) the following comments were made: “It would appear from the submitted plans that the applicant proposes to provide 4 no car parking spaces (2 spaces per dwelling) arranged in a side by side and one behind the other fashion. However, in order to comply with our SPG, 1 off street car parking space per dwelling will be sufficient. These 2 spaces (1 space for the existing and 1 space for the proposed dwelling) can be accommodated in the South Western corner of the site. This arrangement will allow for a 5.5m wide manoeuvring area to be created behind these 2 car parking spaces, and will therefore enable vehicles to leave the site in forward gear. The grassed area at the very Southern end of the application site (between the manoeuvring area and the proposed 1.8m high boundary fence) should be hard paved in order to create the necessary 5.5m wide turning space.

Therefore - No objection to the submitted plans subject to the following conditions.

Code C3E – Turning space within site. Code D3C – Parking within curtilage. Site Management Condition.” Further to the above comments, the agent submitted an amended plan that reduced the parking provision to 2 spaces and created a turning area within the site. The Transportation Service provided the following comments in respect of the amended plan:

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“Further to your email earlier today I can confirm that the amended details (drawing no 1203/PL/02/A) are acceptable subject to the following conditions

Code E3D – Retain Parking Within Site. Site Management Condition.” “The proposal seeks to convert the existing side garden of no 42 Craiglee Drive into a residential dwelling. At present there are already a number of off street car parking spaces allocated to no 42. However as this development falls within the central area boundary, the 2 off street car parking spaces at the end of the cul-de-sac shown on the amended plans (accessed via a private driveway) are acceptable for this form of development within this location. Our SPG states for all central area residential developments (regardless of size or number of bedrooms) a parking provision of between 0 (min) – 1 (max) space would be acceptable; consequently this development could succeed without any car parking provision whatsoever. Therefore the 2 off street car parking spaces shown on amended plan no 1203/PL/02/A are acceptable as they are policy compliant. These 2 spaces must be provided at a ratio of 1 space per dwelling (1 space for 42 Craiglee Drive and 1 space for the proposed dwelling), and clearly marked to ensure an orderly form of development. The turning area shown on the amended plan is acceptable. Our guidelines state that a distance of 6m wide x 6m long to allow for the manoeuvring of vehicles within the site should be provided. The applicant’s amended plan shows a distance of 5.5m – 5.7m wide x 5.7m long. It is considered that these dimensions are sufficient to allow vehicles to manoeuvre and exit the site in forward gear.”

5.2 Further to the above, amended plan numbered 1203/PL/02 revision B has

been submitted which expands the proposed vehicle manoeuvring area. The Transportation Service have no objection to the revision B amendment.

5.3 Highways (Drainage): No objection. Recommend that Welsh Water are

consulted. 5.4 Pollution Control: No objection on noise or air pollution. In respect of land

contamination it is recommended that a non-standard landfill gas condition is imposed on any consent, along with other conditions relating to imported materials (soils and aggregates) and advice in respect of development on contaminated land.

5.5 Waste Management Services: The refuse storage details shown on the

submitted plans are acceptable. A condition relating to the provision prior to beneficial occupation and ongoing retention is requested.

6. EXTERNAL CONSULTATION RESPONSES 6.1 Welsh Water: No objection, subject to requested drainage conditions.

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7 REPRESENTATIONS 7.1 Neighbouring premises have been notified. Letters (and emails) of objection

have been received from the owners/occupiers of no. 33, 40, 41, 43 and 44 Craiglee Drive on the following grounds (relating to the original submission):

• Use of shared private access road which is not large enough to cope with

the additional traffic from a new dwelling or the construction traffic that has a shared financial liability for maintenance. Lack of manoeuvrability and likely obstruction and reversing.

• The proposed 4-bed dwelling will be out of scale and out of keeping with

the existing dwellings which are characteristic of Craiglee Drive. • The parking layout shown will reduce the parking available to No. 42 and

result in additional on-street parking due to the likely increased number of cars used by future occupiers of a four bed dwelling. The area allocated for parking is too narrow for two cars.

• Loss of privacy from windows overlooking rear garden to No. 41, reducing

value of their house. Removal of a tree will result in greater loss of privacy.

• There are too many rented houses nearby that are not maintained. This

house could be rented with the landlord allowing more than one tenant per bedroom.

• The application states that neighbours were consulted by the applicant.

This is not the case.

Adjacent occupiers were notified of the submission of amended layout plans (revisions A and B) and the occupier of 44 Craiglee Drive comments that the amended details do not overcome their concerns raised previously. The provision of only two parking spaces makes the proposals worse and the area adjacent to the spaces is not sufficient for vehicles to turn. The occupier of no. 41 Craiglee Drive reiterates the previous concerns raised and also considers that the provision of only two parking spaces fro use by no. 42 and the new dwelling to be insufficient and will result in further congestion in the area. In addition, they are concerned that their privacy is eroded by the use of a hard surface (removing trees and bushes) with a new 1.8m high fence (the same as existing) doing little to overcome this. Adjacent occupiers have been notified of a subsequent layout amendment (revision E) and any comments will be reported to Committee.

8 ANALYSIS 8.1 No objection is made in land use policy terms. The site lies within a

residential area allocated in the Local Plan.

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8.2 The Transportation Manager has assessed the application as amended and has advised that the proposed parking arrangements are policy compliant, with the proposed manoeuvring area being of an acceptable size to allow vehicles to turn and leave the site in forward gear. As the latest plan revision (revision E) amends, but retains the manoeuvring area, there is no requirement to re-consult the Transportation Service.

8.3 Conditions are recommended that seek to ensure that the parking and

manoeuvring facilities are provided before the dwelling is occupied, maintained in the future and are available for use by occupiers of no. 42 and the new dwelling.

8.4 In terms of design, the proposal is for a detached house in conventional

modern design, finished in brick, with hardwood windows and pitched concrete tiled roof. Despite neighbours objections that this would be out of keeping with the existing semi-detached properties, these are also in brick with pitched tiled roofs and the proposal is not considered out of context or in conflict with TAN 12: Design or Cardiff design policies 11 and 2.20.

8.5 Similarly no conflict is found with the residential amenities of existing

dwellings. The proposed front elevation would be approx. 10m from the side boundary of No. 41 (level with the existing dwelling at no. 42), with trees along the boundary (there is no indication that the trees are to be removed within the application submission and the amended plans and additional information dated 20th August clarify that the existing planting is to remain). Adopted guidance indicates that a distance of 10m is required from first floor windows to the boundary of the site with another dwelling. It is therefore considered that there would be no sustainable grounds to refuse consent in terms of loss of privacy or light to the detriment of existing residential amenities.

8.6 Matters raised in objection, relating to property value and behaviour of

landlords are not material to the consideration of planning applications.

Construction traffic is a necessary (if sometimes unpleasant) side effect of development and planning permission cannot be reasonably withheld because of its generation. Although the Council’s planning application forms ask if the applicant has undertaken any consultation exercise, there is no obligation for this to occur. Whether an applicant does or does not consult neighbours does not have any influence over the consideration process.

8.7 It should be noted that whilst application 05/2324C was refused due to the

lack of technical information in relation to the landfill site, the proposal for a single dwelling would otherwise have been acceptable.

It should also be noted that in dismissing the subsequent appeal the Inspector also considered that the proposed balcony to the rear elevation would have unacceptably prejudiced the privacy of adjacent occupiers (no issue was raised in respect of the relationship with no. 41), and that the proposed displacement of parking provision to no. 42 could not reasonably be overcome

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by condition (with the Council’s Highways and Transportation Service suggesting this arrangement).

8.8 With regard to the comments of the Inspector above, it is important to note

that the previously proposed balcony to the rear elevation has been removed and the application has been assessed by the Transportation Service having regard for current adopted planning policy guidance (that was not in force when considering application 05/2324C), with the current proposals seen as meeting the required parking provision for existing and future occupiers.

The submitted Geo Environmental report has been considered by the Council’s Pollution Control (Contaminated Land) Manager, who has advised that, subject to conditions, the proposals are acceptable.

8.9 Having due regard for adopted planning policy and guidance, the planning

history of the site, the submitted supporting information and the amended layout details, the proposals are considered acceptable and it is therefore recommended that planning permission be granted.

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c076180

Typewritten Text

AMENDED PLAN 12/1032DCI 20/08/2012

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/1133/DCI APPLICATION DATE: 04/07/2012 ED: ADAMSDOWN APP: TYPE: Full Planning Permission APPLICANT: J R Smart (Builders) Ltd LOCATION: CARDIFF INSTITUTE FOR THE BLIND, SHAND HOUSE, 20

NEWPORT ROAD, ADAMSDOWN, CARDIFF, CF24 0YB PROPOSAL: REFURBISHMENT AND CHANGE OF USE OF EXISTING

BUILDING INCLUDING 2 STOREY ROOF EXTENSION TO FORM 198 STUDENT BEDS WITH AMENITY AND MANAGEMENT FACILITIES AND 610 M2 FLEXIBLE ACCOMMODATION FOR RETAIL A1, A2, AND CAFÉ / RESTAURANT A3 USES TO BASEMENT AND GROUND FLOORS

___________________________________________________________________

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 5.2, 8.7 & 8.34 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

numbered P201A attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. 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 building.

4. No development shall take place until a scheme showing the

architectural detailing of the main elevations of the building 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.

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5. Ground floor and Basement uses fronting Newport Road and Fitzalan Place (retail units 1, 2 and 3 on dwg. no. p/202) shall be restricted to A1, A2 and restricted A3 uses only. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

6. No single A1 retail unit shall exceed a maximum of 170 sqm of

floorspace. Reason: To safeguard the vitality and viability of the Principal Shopping Area and established District/Local Centres in the vicinity.

7. Basement uses shall be ancillary to ground floor uses.

Reason: To ensure adequate means of access to all units. 8. The premises shall be used for the purpose specified in the application

and for no other purpose (including any other purpose in Class A3 of the schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order). Reason: Permission is granted only because of the characteristics peculiar to this proposal. Other uses within Class A3 could prejudice the amenities of the area.

9. C7X No Takeaway Sales 10. No member of the public shall be admitted to or allowed to remain on

any A3 premises between the hours of 23:00 and 08.00 hrs. on any day. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

11. There shall be no arrival, departure, loading or unloading of vehicles

between the hours of 20:00 and 08:00. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

12. H7G Plant Noise 13. A scheme of sound insulation works to the floor/ceiling and party wall

structures between the A1/ A2/ A3 premises and the residential accommodation shall be submitted to and agreed by the Local Planning Authority in writing and implemented prior to occupation. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

14. F7Q Kitchen Extraction

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15. Prior to commencement of development a scheme shall be submitted

to and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external road traffic noise in excess of 63 dBA Leq 16 hour [free field] during the day [07.00 to 23.00 hours] or 57 dBA Leq 8 hour [free field] at night [23.00 to 07.00 hours] shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from – 1) an upper rate of not less than 37 litres per second against a back

pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to

2) a lower rate of between 10 and 17 litres per second against zero back pressure.

No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Any private open space (excepting terraces or balconies to any apartment) shall be designed to provide an area which is at least 50% of the area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field]. Reason: To ensure that the amenities of future occupiers are protected.

16. No development shall take place until details showing the provision of

minimum 90 cycle spaces under cover and secure for residential use plus 8 external visitor spaces 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.

17. Combined Travel and Student Accommodation Traffic Management

Plan condition – 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, and the exclusion and control of student resident car parking within the site and surrounding

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area, 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.

18. Construction management plan condition – 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 as required 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.

19. Outward opening doors/windows – 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.

20. C7S Details of Refuse Storage 21. C2N Drainage details RECOMMENDATION 2: Works to existing or proposed adopted public highway are to be subject to an agreement under Section 38 and/or 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: 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

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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.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The proposal is for the conversion of Shand House, the former Cardiff

Institute for the Blind building on the corner of Newport Road and Fitzalan Place, to managed student accommodation. The 1950s 4-storey brick and stone building is vacant and the proposal is to convert the upper floors and add 2no. additional floors to the roof to create a total of 198 student bedrooms consisting of a mix of double rooms, studios and cluster flats. The resulting building will be 6 storeys high.

1.2 Ancillary accommodation comprising common room, cinema room and small

landscaped courtyard is provided at basement level. The main entrance to the student accommodation is from Fitzalan Place. Existing service access to the rear of the building is also from Fitzalan Place. This gives access for student pick-up and drop-off, bike store for 49 cycles, refuse collection and retail delivery.

1.3 The 2no. ground floor units fronting Newport Road and Fitzalan Place

(formerly coffee bar and Institute Shop) will be converted into 3no. units for flexible A1 retail, A2 or A3 café/restaurant uses. The basement storey fronting Newport Road will be provided with a new indirect access from Newport Road and will be converted to form ancillary acommodation serving the ground floor flexible units.

1.4 Two new door openings from Newport Road and one new door opening from

Fitzalan Road are proposed to serve the independent flexible units.

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1.5 Six operational parking spaces (3 for disabled students and 3 for retail staff)

are provided to the rear of the development 1.6 The contemporary lightweight roof extension picks up on the architectural

language of the main building with the fourth floor framed in artificial stone cladding and the top fifth floor set back about 450mm and predominantly glazed.

1.7 The brickwork and concrete window surrounds on the upper floors and the

ashlar stone ground floor finishes will be repaired/renovated where necessary. New aluminium replacement windows are proposed.

1.8 Amended plans have been received clarifying the proposed basement uses.

Public realm 1.9 Both the Newport Road footway and the Fitzalan Place footway adjacent to

the site are in need of resurfacing. The pedestrian crossing arrangements at the Newport Road/ Fitzalan Place/ West Grove junction are in need of comprehensive improvement.

Sustainability

1.10 The development is not required to meet national sustainability standards since it is a change of use application.

Additional Information

1.11 The following additional information is submitted: • Design and Access Statement • Environmental Noise Survey • Transport Statement

2. DESCRIPTION OF SITE 2.1 The application site is on the SW corner of the very busy Newport

Road/Fitzalan Place/ West Grove crossroads just to the east of the City Centre and Queen Street Railway Station, and close to the City Road shops and the Clifton Street/Broadway District Centre. It is well served by public transport, and is within walking distance of the University and Colleges and various city parks.

2.2 The immediate area consists of a mixture of offices, multi-storey car park,

hotel and educational buildings - all of different ages, styles, heights and materials. The site lies to the south of the Tredegarville Conservation Area and directly opposite the Grade II listed University Queen’s Building.

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2.3 The site is bounded to the west by the 1980s Marlborough House and Agincourt House office developments, and to the south by Fitzalan House office block. To the north and east are busy arterial roads.

3. PLANNING HISTORY

• 00/259/C Planning permission granted April 2000 for change of use of part of ground floor to sandwich bar.

• 92/1786/C Planning permission granted in 1992 for extension to ground floor offices.

4. POLICY FRAMEWORK 4.1 The policy framework for this advice is as follows:

• Planning Policy Wales (Edition 4, February 2011) • City of Cardiff Local Plan (Adopted January 1996) • South Glamorgan (Cardiff Area) Replacement Structure Plan (April 1997) • Cardiff Unitary Development Plan (to 2016) • SPG Safeguarding Land for Business and Industry (June 2006) • SPG Premises for Eating, Drinking and Entertainment in the City Centre

(September 2000) • SPG Restaurants, Takeaways and other Food and Drink Uses (June

1996) • SPG City Centre Strategy (2007-2010) • Cardiff City Centre Public Realm Manual (2009)

4.2 The following Local Plan policies are considered to be of particular relevance:

• Policy 11: Design and Aesthetic Quality • Policy 31: Residential Open Space Requirement • Policy 36: Alternative Use of Business, Industrial and Warehousing Land • Policy 50: Retail Development

4.3 The following deposit Cardiff Unitary Development Plan policies are of

particular relevance: • Policy 2.20 Good Design • Policy 2.24 Residential Amenity • Policy 2.51 Statutory Listed buildings • Policy 2.55 Public Realm Improvements • Policy 2.57 Access, Circulation and Parking

4.4 Relevant National Policy Guidance

• TAN 12: Design

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5. INTERNAL CONSULTEE RESPONSES 5.1 Transportation: The Council’s Transportation Officer has no objection subject

to standard cycle parking, construction management plan and outward opening doors/windows conditions, and a combined travel and student accommodation traffic management condition, and a financial contribution towards highway improvements secured by means of a s106 legal agreement.

5.2 The financial contribution of £125,000 to be split: £100,000 towards

improvements to the junction of Newport Road/Fitzalan Road/West Grove and £25,000 towards the resurfacing of the footways around the site and the replacement of the existing concrete lighting columns on Newport Road adjacent to the site. All as identified on the indicative ‘Plan 1: Area of Proposed Public Realm Works for Application 12/01133/DCI’ dated 30.7.12 and prepared by Strategic Planning as part of their consultation response.

Transportation Officer’s comments

5.3 In terms of the proposed student residential element, the adopted Access, Circulation and Parking Standards SPG confirms that up to one parking space per 25 beds may be provided for operational use, amounting to a maximum of 8 spaces for the proposed development; there is no requirement for on site resident or visitor car parking. The commercial element of the development requires no specific car parking provision and is considered to be adequately accommodated by the proposed retention of 3 car parking spaces to the rear of the building. I am therefore satisfied that subject to the cycle parking condition, the application is compliant with adopted parking policy.

5.4 I am also satisfied, subject to agreement of the Traffic Management Plan, that

there is sufficient capacity around the site and within Knox Road multi storey car park to manage the arrival and departure of the student residents at the start and end term. This approach is consistent with a number of other similar student residences. It should be noted that the letting/management plan will control vehicle access to and student car parking within the site and surrounding area.

5.5 The site is also located within easy reach of a very well served high frequency

main bus corridor with inbound and outbound stops/services on Newport Road, rail services at Queen Street Station and adjacent to the City Centre. As a result the site is within easy reach of a wide range of public transport options and facilities with the employment, shopping, entertainment, leisure, university and other amenities such a location affords.

5.6 Pollution Control (Noise): No objection subject to a road traffic noise sound

insulation condition for all habitable rooms, a sound insulation condition for the floor and party wall structures between the proposed A1/A2/A3 units and the residential accommodation, standard conditions on opening hours (22:00

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hrs), delivery times (20:00 hrs), plant noise, and future kitchen extraction, and a recommendation on construction site noise.

5.7 PC (Air): No objection. 5.8 PC (Contaminated land): No objections. A contamination and unstable land

advisory notice is to be added. 5.9 Waste Management: The Sustainable Planning Officer raises concerns over

the capacity of the proposed bin storage area and access for users. The comments have been forwarded to the agent.

5.10 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 Parks request a contribution of £104,901. This is in accordance with the Open Space SPG and is based on 198 student bedrooms.

5.11 The use of the contribution will be determined in accordance with the

approved procedure which requires consultation with Members. The baseline figure for open space provision for student accommodation excludes the playground element of typical public open space provision.

5.12 Highways and Waste Management: The Drainage Engineer notes there is no

potential for SUDs drainage and has no objection. 6. EXTERNAL CONSULTEE RESPONSES 6.1 Welsh Water: Welsh Water request the provision of a grease trap. 6.2 Police Architectural Liaison: The Police Architectural Liaison Officer raises no

objections but requests a condition to restrict opening hours (23:00 hrs) and makes a number of recommendations regarding security. The advice has been forwarded to the agent.

7. REPRESENTATIONS 7.1 The proposals were advertised in the press and on site as a major application

and as affecting the setting of a listed building, and Local Members and neighbours were consulted. No representations have been received.

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8. ANALYSIS

Land Use 8.1 The application site is located within the City Centre Principal Business Area

(PBA), of the adopted City of Cardiff Local Plan, 300m to the east of the Principal Shopping Area, and within the Fringe Area of the approved City Centre Strategy 2007 – 2010.

8.2 Policies E2 of the Structure Plan and 36 of the Local Plan seek to protect

existing business, industrial and warehousing land from inappropriate changes of use. The key policy criteria introduced by Policy 36(i) to assess such proposals are whether there is demand for business, industrial or warehousing use on the application site; and whether there is a need to retain the land for business, industrial or warehouse use.

8.3 The Council’s approved SPG for ‘Safeguarding Employment Land’ provides

further guidance on the assessment of alternative development proposals on business, industrial and warehousing land and specifically expands on criteria contained in development plan policies which assess demand and need.

8.4 Given the availability of similar, existing and consented office accommodation

within the City Centre PBA and acknowledging that Shand House is predominantly vacant, despite having been actively marketed, there is sufficient policy justification to support the proposed change of use on quantitative grounds in this instance.

Acceptability of Student Accommodation at this location.

8.5 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.

8.6 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 impact on its surroundings/ environs and the need to protect the amenity of future residents and adjoining businesses. The use of this brownfield site for student accommodation has the potential to: o 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.

o Contribute to the development of a mixed community, given the level of private residential development within the city centre.

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o Promote urban regeneration and benefit the vitality and viability of the City Centre by providing increased trade for local businesses, facilities and shops.

o Reduce travel demand by locating student accommodation in close proximity to university facilities and related uses.

8.7 Subject to detailed design, amenity and transport considerations, and a legal

agreement restricting the residential use of the premises to students only, the proposed student accommodation use is considered acceptable in landuse policy terms.

Acceptability of Class A1 (Shops), A2 (Financial / Professional Services), and A3 (Restaurants / Cafes) uses at this location.

8.8 The original application proposed a total of 601sqm floorspace allocated for

‘flexible accommodation’ across the A1, A2, A3 and D2 Use Classes, comprising 3 units at ground floor (largest unit 170m2), and one unit to the basement area (220m2) accessed from Newport Road. No details were provided of which use/ uses were proposed for each of the four units.

8.9 The introduction of flexible accommodation across the A1, A2, A3 and D2 Use

Classes at this location is not considered acceptable and the applicant was requested to provide additional information regarding the use of each of the four units in order to satisfy national / local planning policy and to allow appropriate conditions to be imposed where necessary.

8.10 Following discussions with the client uses have been clarified as convenience

store, in the form of either a single unit up to 300m2 in floor area or two smaller retail units, and an A3 unit with potential to occupy part of the basement floor. The remainder of the basement floor to be for ancillary use.

A1 Retail and A2 uses

8.11 As the site is located outside the Principal Shopping Area (PSA) of the City Centre and also falls outside of any designated District and/ or Local Centres as identified within the Local Plan, any proposal for a Class A1 (shop) use at this location would have to satisfy the three tests of out-of-centre retail policy, namely: whether there is a need for the development; whether there are sites available to accommodate this need within or on the edge of the PSA (i.e. the sequential test); and whether the proposal would have any harmful impacts on existing centres or retail strategies.

8.12 Given the scale of recent retail developments in the City Centre it is unlikely

that an additional need could be demonstrated for city centre type retailing (i.e. clothing, footwear and other comparison goods) outside the PSA.

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8.13 However the increased population associated with this proposal, together with that created by the conversion of a number of former office premises along Newport Road to hotel, residential and educational uses justifies the provision of a local/ convenience type shopping provision to serve this new population, provided that such provision is relatively small scale. Need for such provision and its relatively small size would satisfy the sequential test.

8.14 The main retail policy issue to be addressed in relation to the proposed

convenience store is therefore potential impact on existing centres or retail strategies. The site is located within 300m of the Principal Shopping Area, within 350m of the City Road shops, and 750m from the Clifton Street/Broadway District Centre – all within walking distance.

8.15 At 315 sqm floor area the convenience food shop is considered too large to

be ancillary to the proposed student accommodation and is not acceptable outside the Principal Shopping Area or one of the established District/Local Centres as it would cause or contribute unacceptable harm to the vitality and viability of existing centres, contrary to LP policy 50(iv). Advice from Strategic Planning is that any such convenience store should be limited in size to 170m2 floor area.

8.16 The applicant has agreed to the size limitation on any single A1 use. 8.17 A2 uses at this location raise no policy or amenity concerns.

A3 (Restaurants/ Cafes) Uses 8.18 SPG ‘Premises for Eating, Drinking and Entertainment in the City Centre’

identifies the Principal Business Area as an appropriate location, in principle, for food and drink uses, subject to detailed considerations.

8.19 The SPG does however state that food and drink uses are unlikely to be

acceptable where residents live immediately above or next door. Given that the application proposes 198 residential units located directly above potential A3 uses, and for the avoidance of doubt, a condition has been attached restricting A3 uses to the application description, i.e. café/restaurant.

8.20 Conditions prohibiting the sale of hot food for consumption off the premises

and restricting opening hours (in line with Strategic Planning and South Wales Police requests) have also been attached. A Strategic Planning requirement to limit the number of A3 uses is not however considered to be reasonable.

Basement use

8.21 In relation to basement use the creation of an independent unit for restricted A3 or restricted D2 use, accessed as proposed via stairs from Newport Road, would not have adequate disabled access and would not therefore be

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acceptable in planning terms. The applicant has agreed to a condition requiring that basement use be ancillary to ground floor uses.

8.22 Amended plans reducing the largest unit to 170m2 (as per the original

application) and indicating the basement for ancillary uses only (i.e. not the creation of an independent unit) have been received and are acceptable.

Public Realm

8.23 The public realm along Newport Road is generally of a poor quality and in particular at the junction of Newport Road, Fitzalan Place and West Grove where crossing facilities significantly impact on pedestrian movement and accessibility into the city centre and surrounding areas. The change of use associated with this proposal would place increased pressure on an area of public realm which would need to be enhanced for the proposed development to be considered acceptable.

8.24 Policy 2.55 of the deposit Unitary Development Plan identifies 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 Structure Plan favours measures to improve the environmental quality of the urban fabric.

8.25 The approved City Centre Strategy (2007-2010) states that new

developments will be expected to enhance the appearance, accessibility and the use of the public realm (p.28). This is reinforced by Action 5 of the ‘Urban Design and Public Realm’ chapter which is “to secure contributions from new developments for public realm enhancements”. Strategic objectives 1 and 5 of the ‘Fringe’ area chapter seek to “improve pedestrian links to the city centre” and “improve the quality of the public realm”.

8.26 Taking into consideration the developments impact on the public realm in the

vicinity of the site improvement works are to be undertaken along both frontages of the property, including footway resurfacing, improvements to street lighting, and enhancements to the pedestrian crossing facilities.

Design

8.27 The design of the 2 storey rooftop extension successfully complements the 1950s architecture of the existing building and gives it a top that enhances the overall appearance. The additional height is appropriate given the height of adjacent development.

8.28 The inclusion of active uses to the ground floor and associated public realm

improvements to Newport Road/Fitzalan Place footways and the pedestrian crossing points represent a significant enhancement of this prominent corner and busy junction.

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Access and Parking 8.29 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, or for the associated facilities.

Security 8.30 SWP recommendations: As requested a condition has been added restricting

opening hours of any ground floor A3 premises. Requested conditions on CCTV provision are not considered necessary.

Amenity of future and neighbouring occupiers (noise) 8.31 The proximity to a busy arterial road raises the issue of noise for future

occupiers and this is addressed by a standard road noise condition. Potential noise and nuisance for existing and future occupiers from potential A3 use is controlled by standard conditions.

Amenity of future occupiers (community facilities &external amenity space)

8.32 The future occupiers have access to a range of community facilities at basement level and no contribution to the improvement of community facilities in the vicinity has been requested by Neighbourhood Regeneration in this instance.

8.33 Given that no open space is provided on site and the high level of use by

students of public parks in the city centre a contribution towards the improvement of public open space in the vicinity is required.

8.34 A financial contribution of £75,000 towards the provision of open space off-

site or the improvement (including design and maintenance) of existing open space in the locality is required. To be secured by means of a s106 legal agreement.

8.35 This is not the full amount as calculated in accordance with the Open Space

SPG but is approximately 75% of this amount. It is reduced to reflect the developer’s contribution towards the improvement of the Newport Road/ Fitzalan Place/ West Grove junction to cater for the increased number of pedestrian movements and off-site public realm improvements.

Waste Management

8.36 A waste strategy document has been provided by the agent. The Waste Management Officer has no objection subject to a standard waste storage details condition.

9. CONCLUSION 9.1 The proposals provide a new use for a prominent under-utilised office block.

The loss of land for business use is acceptable, as is the proposed student

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housing use. The proposed ground floor restricted A1, A2, and restricted A3 uses are acceptable. The renovation of the existing building and new rooftop extensions and public realm works and pedestrian crossing improvements will significantly enhance the area. 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, transportation or public safety/ amenity concerns.

9.2 The granting of planning permission is recommended subject to conditions

being imposed and a legal agreement that restricts the residential use to student use only and secures financial contributions towards public open space and highways/public realm improvements.

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PETITION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/01155/DCI APPLICATION DATE: 25/07/2012 ED: SPLOTT APP: TYPE: Full Planning Permission APPLICANT: Mr Alberto Leca LOCATION: 35 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2BU PROPOSAL: CHANGE OF USE FROM A1 TO A3 (TAKEAWAY/

RESTAURANT) & RETENTION OF EXTRACTION FLUE ___________________________________________________________________

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The premises shall be used as a restaurant/takeaway and for no other

purpose (including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order).

Reason: Other A3 uses could prejudice the amenities of the area. 3. No member of the public shall be admitted to or allowed to remain on

the premises outside of the hours of 08:00 and 23:00 on any day. Reason: To ensure that the amenities of other premises in the vicinity of the site are protected.

4. A scheme of sound insulation works to the floor/ceiling structure

between the ground floor and the first floor residential accommodation shall be submitted to and agreed in writing by the Local Planning Authority, the agreed scheme shall be implemented prior to occupation. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

5. F7Q Kitchen Extraction 6. H7G Plant Noise 7. The developer shall provide a suitable grease trap to prevent entry into

the public sewerage system of matter likely to interfere with the 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, and sustain an essential and effective service to existing residents.

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RECOMMENDATION 2: The applicant is advised that a commercial contract is required for the collection and disposal of all commercial wastes under section 34 of the Environmental Protection Act 1990, therefore is advised to contact the Commercial Services dept. (tel: 029 2071 7500).

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application seeks planning permission for the change of use of the

ground floor of a mid-terrace commercial property from a shop (class A1) to a restaurant/takeaway (class A3) and retrospective permission for installation of an extraction flue at the rear.

1.2 The premises would comprise a customer dining area (approximately 54

square metres) at the front, toilets and kitchen in the middle, and a cold room/storage at the rear. Pedestrian access would be via the existing front entrance, the application states opening hours of 08:00 to 23:00 on all days.

1.3 The external flue comprises a 0.5m wide stainless steel duct attached to the

first floor rear elevation of the rear annexe from a height of 2.2m above ground level to a maximum height of 6m, protruding a maximum of 1m from the rear elevation.

2. DESCRIPTION OF SITE 2.1 The property lies within a parade of 12 terraced commercial units along the

north east side of Splott Road between the junctions with Carlisle Street and Railway Street. It is adjoined by a cafe at no. 33 and a florist shop at no. 37. There is a short terrace of ground floor commercial uses on the opposite side of the road, including a bakery at nos. 16-18.

2.2 The site is adjoined by an access lane to the rear which runs parallel to Splott

Road. The upper floor is occupied by a flat which is accessed through the ground floor commercial unit or via a separate door from the rear lane.

3. SITE HISTORY 3.1 No site specific history. 4. POLICY FRAMEWORK 4.1 The site lies within the Splott Road Local Centre as defined by the proposals

map of the City of Cardiff Local Plan and the Deposit Unitary Development Plan (October 2003).

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4.2 Relevant National Planning Guidance:

Planning Policy Wales (2010) Planning Policy Wales TAN 12: Design Planning Policy Wales TAN 21: Waste

4.3 Relevant City of Cardiff Local Plan policies:

Policy 11: Design & Aesthetic Quality Policy 17: Parking & Servicing Facilities Policy 20: Provision for Special Needs Groups Policy 36: District & Local Centres 4.4 Relevant Deposit Unitary Development Plan (October 2003) policies:

Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.36: District & Local Centres Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise & Light Pollution Policy 2.74: Waste Management

4.5 Relevant Supplementary Planning Guidance:

Restaurants, Takeaways and other Food & Drink Uses (June 1996) Waste Collection and Storage Facilities (March 2007)

Access, Circulation & Parking Requirements (June 2006) 5. INTERNAL CONSULTEE RESPONSES 5.1 Strategic Planning (Land Use Policy) - The application site falls within the

Splott Road/Carlisle Street Local Centre as defined by the Local Plan. The application should be assessed against Policy 49 of the Local Plan, the aim of which is to protect the predominant shopping role of the centre and vitality and viability of it shopping frontages. Also of relevance is Supplementary Planning Guidance ‘Restaurants, Takeaways and Other Food and Drink Uses’ (2006). Paragraph 3.3 of the SPG states that food and drink uses are complementary, in principle, to the main shopping role of district and local centres, as long as they do not adversely affect the living environment of nearby residents or with other non-shopping uses, reach such a level that they undermine the shopping role and character of the area.

The loss of an A1 shop to a non-shopping use would usually raise policy concerns. However, this retail unit is currently vacant and is therefore not contributing to vitality and viability of the centre. The proposed takeaway/restaurant will be open from 8am-11pm which includes normal shopping hours (8am-6pm) and will therefore increase footfall and contribute to the vitality and viability of the centre. Taking the above factors into account the application raises no retail policy concerns, subject to an assessment of the impact of the proposal on residential amenity.

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5.2 Transportation - no objection, the Access, Circulation & Parking SPG doesn’t

make specific reference to takeaways uses the Restaurants, Takeaways & Other Food & Drink Uses SPG states in para. 3.1 that such uses are most appropriately located within district and local centres, and in para. 3.3 that food and drink uses are complementary to district and local centres. The latter SPG also states in para 4.4 that proposals which might encourage short stay parking near pedestrian crossings and double yellow lines are unlikely to be acceptable, though with the caveat that the relative importance to be attached to such criteria will vary according to the nature and location of a proposal i.e. it would have relatively small importance in this instance where it would located within a district centre. There is a pedestrian crossing in the near vicinity of the premises which, in a non-district centre location, may give rise to concern in this respect. However, it is considered that a takeaway use in this instance is complementary to the district centre and that it would be difficult to sustain an objection on highway grounds. In reaching this conclusion consideration has been given to the existing retail use of the premises, the fact that there many examples of existing takeaway uses in similar locations within the city, and also that the bulk of its trade may be expected to be during the evening when the other shops will be closed and kerbside parking on Splott Road readily available.

5.3 Pollution Control – request conditions to restrict opening hours to 08:00 –

23:00 on any day; to secure a scheme of sound insulation works between the proposed ground floor A3 use and first floor accommodation; to control any plant noise output; to restrict delivery times and to request that details of the extraction system.

5.4 Waste Management – no comments received. 6. EXTERNAL CONSULTEE RESPONSES 6.1 South Wales Police (Crime Prevention Design Advisor) – no objection to the

application, provided the operating hours are restricted to those proposed within the application by way of condition to reduce the possibility of noise, nuisance, anti-social behaviour and crime. Further advice is provided with regard to windows, doors, intruder alarm and CCTV.

6.2 Welsh Water – no comments received. 7. REPRESENTATIONS 7.1 The application has been publicised by letter, site and press notice, a letter of

objection has been received on behalf of the owner of Imperial café at 33 Splott Road who is concerned about the effect that a new takeaway/restaurant will have on his business, who is of the opinion that the takeaway/restaurant market is already saturated in this area. He also objects to the application for the following reasons:

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1) The smell and noise produced from the café/restaurant and the extraction flue will affect the three tenants residing in the first floor flat above his shop; 2) Car parking spaces within the area are already limited which has a negative impact upon businesses in the area. A further takeaway/restaurant will only exasperate the problem; 3) A further takeaway/restaurant will inevitably result in more noise and rubbish being produced in the area.

A petition of objection has also been received on behalf of the owner of no. 33 Splott Road, signed by 34 local residents for the same reasons as above.

Two separate letters of objection have been received from tenants of the first

floor flat at 33 Splott Road, concerned that the noise will affect their sleep and the smell from the extraction flue will affect their ability to dry clothes on their external first floor washing line.

A letter of objection has also been received from the occupier of no. 83

Carlisle Street who has the following concerns: 1) Parking is already a problem in their street; 2) Cooking smells all day and night from the extraction flue; 3) Existing concentration of bakery shops and takeaways in Splott Road

which are open late at night; 4) Where will customers be expected to smoke cigarettes? 5) The work required to convert the premises is just about complete; 6) The application was published in the Western mail which has a small ratio

of sales in this area to the Echo. 7.2 Four letters of support were also submitted with the application, signed by

local residents, and a separate comment of support submitted online by a business operator at 118 Clifton Street.

7.3 Local Members were notified of the proposal, no representations were

received. 8. ANALYSIS 8.1 Land Use Policy Considerations

Land use policy advice is outlined in paragraph 5.1 of this report with the conclusion that, subject to assessment of residential amenity, no land use policy concerns are raised.

8.2 Residential Amenity Considerations

It is not considered that the proposed use would have any unreasonable impact upon nearby residential occupiers as Pollution Control have no objection to hours of operation until 23.00, this accords with guidance in the “Restaurants, takeaways and other food and drink uses” SPG, which, in paragraph 4.12, states that in district centres, opening hours will usually be restricted to 11.30pm. As the site is located within a designated centre,

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residents in such a mixed use area cannot expect the same standards of amenity as those living in a wholly residential area.

8.3 It is considered reasonable to impose conditions (2) to prevent any future

changes of use within the A3 use class to more harmful uses such as a public house or a bar, (3) to require the premises to close at 23:00 and (4) to secure a scheme of sound insulation works between the proposed use and the first floor residential property. The condition requested by Pollution Control to restrict delivery hours is not considered reasonable given that the site lies adjacent to a busy and noisy traffic route within a designated centre, and in any case this condition would be largely unenforceable.

8.4 Crime & Disorder Considerations 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 South Wales Police Crime Prevention Design Advisor has no objection to the proposed a operating hours.

8.5 Design Considerations

The rear flue is considered visually acceptable as it is relatively slender and positioned lower than the roof slope of the rear annexe. It is not considered that the flue harms the amenity of the residential flat at first floor level above no. 33 as the extraction point is positioned above the height of the first floor rear access door.

8.6 Representations

The representation and petition received on behalf of the operator of the adjacent café with regard to the effect on his business is noted, however impact upon existing business is not a valid planning related matter. The representations from the tenants of the adjoining first floor flat and resident of Carlisle Street with regard to smell and noise is not considered to warrant refusal based on the above residential amenity analysis and lack of any objection from Pollution Control. The representations regarding car parking are not considered to warrant refusal as the parking arrangements are considered acceptable as advised by the Transportation Officer.

8.7 Conclusion

It is concluded that the application is acceptable in accordance with the policies listed above, and is recommended that planning permission be granted, subject to conditions.

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/01206/DCI APPLICATION DATE: 13/07/2012 ED: PLASNEWYDD APP: TYPE: Full Planning Permission APPLICANT: Ardek Properties Ltd LOCATION: 101 CITY ROAD, ROATH, CARDIFF, CF24 3BN PROPOSAL: CHANGE OF USE FROM USE CLASS A1 TO A3 NEW SHOP

FRONT AND ALTERATIONS TO FRONT ELEVATION ___________________________________________________________________

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The premises shall be used as a restaurant and for no other purpose

(including any other purpose in Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order).

Reason: Other A3 uses could prejudice the amenities of the area. 3. No member of the public shall be admitted to or allowed to remain on

the premises outside the hours of 08:00 and 18:00 on any day. Reason: To prevent any expansion of the night time economy within the City Road/Crwys Road Special Statement of Licensing Policy Area as this could attract customers who would be preloaded with alcohol which would add to the problems of crime and disorder in the area.

4. Prior to beneficial use a scheme of CCTV cameras shall be submitted

to and approved by the local planning authority and the approved scheme shall be implemented prior to beneficial use of the premises. Reason: In the interests of security and reducing crime and disorder in the area.

5. A scheme of sound insulation works to the floor/ceiling structure

between the ground floor and any future first floor residential accommodation shall be submitted to and agreed in writing by the Local Planning Authority, the agreed scheme shall be implemented prior to occupation. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

6. F7Q Kitchen Extraction 7. H7G Plant Noise

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8. The 4 existing car parking spaces at the rear shall be retained and not

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.

9. Prior to beneficial use, details of at least 6 covered cycle parking

spaces shall be submitted to and agreed in writing by the local planning authority. The approved details shall be provided and shall thereafter be retained. Reason: To ensure that secure and under cover cycle parking facilities are provided to encourage other modes of transport over the private car.

10. The developer shall provide a suitable grease trap to prevent entry into

the public sewerage system of matter likely to interfere with the 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, and sustain an essential and effective service to existing residents.

RECOMMENDATION 2: The applicant is advised that a commercial contract is required for the collection and disposal of all commercial wastes under section 34 of the Environmental Protection Act 1990, therefore is advised to contact the Commercial Services dept. (tel: 029 2071 7500).

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application seeks planning permission for the change of use of a mid

terrace commercial property from a shop (class A1) to a restaurant (class A3) and to carry out alterations to the front elevation including installation of a new shop front.

1.2 The premises would comprise a customer dining area (121 square metres) at

the front/middle with toilets and kitchen, preparation area and refuse storage at the rear, Pedestrian access would be via the front entrance and deliveries via the rear yard. The application states opening hours of 08:00 to 21:00 on all days.

1.3 The existing shop front would be removed and replaced with a new aluminium

framed shop front with central double entrance doors. The first floor front elevation would be altered from vertical tiles to a black painted rendered wall.

2. DESCRIPTION OF SITE 2.1 The property lies within a parade of two storey terraced commercial units

along the west side of City Road between the junctions with Penlline Street and Tavistock Street. It is adjoined by a shop at no. 103 and a vacant unit at

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no. 91-99 which has planning permission for use as a restaurant and function room. There is a terrace of ground floor commercial uses on the opposite side of the road, including two restaurants at nos. 92-94 & 102-106, and two hot food takeaways at nos. 96 & 98.

2.2 There is an external yard at the rear of the premises shared with no. 103

which is used for parking. 3. SITE HISTORY 3.1 No site specific history. 3.2 Related history:

08/262/C – planning permission granted for extensions and change of use of no.91-99 City Road to restaurant and function room, not implemented to date.

4. POLICY FRAMEWORK 4.1 The site lies within the City Road Area as defined by the proposals map of the

City of Cardiff Local Plan and within the City Road District Centre as defined by the Deposit Unitary Development Plan (October 2003).


Planning Policy Wales (2010) Planning Policy Wales TAN 12: Design Planning Policy Wales TAN 21: Waste


Policy 11: Design & Aesthetic Quality Policy 17: Parking & Servicing Facilities

Policy 18: Provision for Cyclists Policy 20: Provision for Special Needs Groups Policy 40: Development in City Road 4.4 Relevant Deposit Unitary Development Plan (October 2003) policies:

Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.36: District & Local Centres Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise & Light Pollution Policy 2.74: Waste Management


Restaurants, Takeaways and other Food & Drink Uses (June 1996) Waste Collection and Storage Facilities (March 2007)

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Access, Circulation & Parking Requirements (June 2006) 5. INTERNAL CONSULTEE RESPONSES 5.1 The application site falls within the ‘City Road Area’ as defined by the City of

Cardiff Local Plan and should therefore be assessed against Policy 40. Policy 40 favours business, housing, shops and financial and professional services. A3 uses will only be permitted where there would be no unacceptable impact on residential amenity, taking into account existing concentrations of such uses. Also of relevance is SPG ‘Restaurants, Takeaways and Other Food and Drink Uses. Paragraph 3.4 states that in view of the existing number of food and drink outlets in City Road, particularly takeaways, the opportunities to set up more, or to extend the operations of existing premises, are likely to be extremely limited.

Policy 2.36 of the Cardiff Unitary Development Plan Deposited Written Statement defines a list of district and local centres which includes City Road. In terms of proposals to change the use of the ground floor within defined centres, criterion (b) of Policy 2.36 states such proposals will only be acceptable providing there is no adverse harm to the predominant shopping role and character of the centre or shopping frontages.

Harm to the shopping character of City Road is therefore a material consideration. The retail unit has been actively marketed but has remained vacant for a period of six months. It is not currently contributing to the shopping role of this centre.

Furthermore, there are a number of large, vacant units in the vicinity of the application site. These long term vacancies suggest that demand for the retail use of relatively large units in this part of City Road is limited. Certainly, there are opportunities for retailers looking to occupy premises in this part of City Road. In this context it would be difficult to challenge the proposal on the basis that it would cause harm to shopping role and character.

The application would add to an already high concentration of A3 uses within frontages 89 to 101 (91-99 has an unimplemented consent for an A3 restaurant) and directly opposite the site frontage within 94 to 102. It is important to note that the proposal does not propose consumption of alcohol, and proposes a closing time of 9.00 pm which may be looked on more favourably. The A3 unit proposes to open during normal shopping hours, resulting in an active frontage.

Therefore, the acceptability of the proposal should be determined specifically in relation to whether an addition to the existing concentration of A3 uses would be likely to create an adverse effect on adjoining residential areas.

5.2 Transportation - no objection, subject to conditions to require retention of 4

existing car parking spaces at the rear and provision of at least 6 secure and covered cycle parking spaces.

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5.3 Pollution Control – request conditions to restrict opening hours to 11:00 – 23:00 on any day; to secure a scheme of sound insulation works between the proposed ground floor A3 use and first floor accommodation; to control any plant noise output; to restrict delivery times and to request that details of the extraction system.

5.4 Waste Management – no comments received. 6. EXTERNAL CONSULTEE RESPONSES 6.1 South Wales Police (Crime Prevention Design Advisor) - City Road is an area

where there is a high level of crime and disorder, the levels of crime and disorder are linked to the very high concentration of A3 food and drink premises on City Road. Due to the fact that crime and disorder levels start to rise in the afternoon and early evening South Wales Police object to any increases in A3 capacity after 6pm on any day in City Road. South Wales Police have previously submitted detailed evidence in respect of previous applications and recently planning appeals objecting to any further increases in A3 capacity in the City Road area. South Wales Police note that the applicant wishes to open until 9pm should this be approved South Wales Police would ask that this be made a condition of approval and also a condition of approval is made to ensure the applicant installs CCTV the reason being to reduce the possibility of crime and disorder.

6.2 Welsh Water – request a condition requiring provision of a grease trap. 7. REPRESENTATIONS 7.1 The application has been publicised by letter, site and press notice, no

representations were received. 7.2 Local Members were notified of the proposal, no representations were

received. 8. ANALYSIS 8.1 Land Use Policy Considerations

Land use policy advice is outlined in paragraph 5.1 of this report with the conclusion that, providing amenity issues are addressed including the addition to the existing concentration of A3 uses, no land use policy concerns are raised.

8.2 Residential Amenity Considerations

It is not considered that the proposed use would have any unreasonable impact upon nearby residential occupiers as Pollution Control have no objection to hours of operation until 23.00, this accords with guidance in the “Restaurants, takeaways and other food and drink uses” SPG, which, in paragraph 4.12, states that in district centres, opening hours will usually be

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restricted to 11.30pm. As the site is located within a designated centre, residents in such a mixed use area cannot expect the same standards of amenity as those living in a wholly residential area.

8.3 It is considered reasonable to impose a condition (2) to prevent any future

changes of use within the A3 use class to more harmful uses such as a public house or a bar. Although there is no residential accommodation above the premises, condition (5) is considered reasonable to secure a scheme of sound insulation works between the proposed use and any future first floor residential accommodation. The condition requested by Pollution Control to restrict delivery hours is not considered reasonable given that the site lies adjacent to a busy and noisy traffic route within a designated centre, and in any case this condition would be largely unenforceable.

8.4 Crime & Disorder Considerations 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.

8.5 A Special Statement of Licensing Policy has been adopted within City

Road/Crwys Road, requested by South Wales Police due to their concern about the cumulative impact of licensed premises in the City Road and Crwys Road area. As the South Wales Police Crime Prevention Design Advisor has requested a closing time of 18:00, it is considered reasonable to impose a condition (3) to require the premises to close at 18:00.

8.6 Design Considerations

It is considered that the proposed alterations to the first floor front elevation would improve the visual appearance of the building, introducing a more contemporary rendered finish. The design of the replacement shop front is considered appropriate within the street scene, and the entrance door would be level with the pavement, providing adequate access for disabled customers.

8.7 Conclusion

It is concluded that the application is acceptable in accordance with the policies listed above, and is recommended that planning permission be granted, subject to conditions.

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LOCAL MEMBER OBJECTION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/01241/DCI APPLICATION DATE: 23/07/2012 ED: CATHAYS APP: TYPE: Variation of conditions APPLICANT: Beatbox Bars Ltd. LOCATION: 25 Westgate Street, Cardiff, CF10 1DA PROPOSAL: VARIATION OF CONDITION 2 OF PLANNING PERMISSION

08/02329/C TO ALLOW EXTENSION OF OPENING HOURS TO 02:30AM SEVEN DAYS A WEEK

___________________________________________________________________

RECOMMENDATION: That planning permission be REFUSED for the following reasons: 1. A 02:30 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).

2. A 02.30 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.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application seeks permission to vary condition 2 of planning permission

08/02329/C to allow a proposed café bar/live music premises to open until 02:30 on all days, the original condition stated as follows:

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.

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2. DESCRIPTION OF SITE 2.1 The property comprises a two storey Grade II Statutory Listed Building

located on the junction of Westgate Street and Quay Street, more commonly known as the Old County Club. Its north east facing elevation fronts onto Womanby Street, its south east elevation to Quay Street and its south west elevation to Westgate Street. It is adjoined by a five storey building to its north west side, occupied by a bar at ground floor level and offices at upper levels. To the opposite side of Westgate Street are Marlborough House flats and the Millennium Stadium access, to the opposite side of Womanby Street is the City Arms public house and to the opposite side of Quay Street a multi-storey car park.

3. SITE HISTORY 3.1 12/00768/DCI – planning application for variation of condition 2 of planning

permission 08/02329/C to allow extension of opening hours to 04:30, application withdrawn.

3.2 08/02329/C – planning permission granted 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 Womanby Street.

4. POLICY FRAMEWORK 4.1 The site lies within the city centre principal business area as defined by the

proposals map of the City of Cardiff Local Plan and the Deposit Unitary Development Plan (October 2003).


Planning Policy Wales (2011) Planning Policy Wales TAN 11: Noise Welsh Office Circular 16/94: Planning Out Crime (1994)


Policy 35: City Centre Principal Business Area 4.4 Relevant Deposit Unitary Development Plan (October 2003) policies:

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 & Light Pollution

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Restaurants, Takeaways and other Food & Drink Uses (June 1996) Supplementary Planning Guidance ‘Premises for Eating, Drinking and Entertainment in the City Centre’ (September 2000).

City Centre Strategy 2007-2010 5. INTERNAL CONSULTEE RESPONSES 5.1 Pollution Control – no comments in relation to extend opening hours, provided

that condition 4 of permission 08/02329/C remains in place requiring the Westgate Street entrance doors to be locked except in an emergency after 23:15 hours (22.45 hrs on a Sunday).

6. EXTERNAL CONSULTEE RESPONSES 6.1 South Wales Police (Crime Prevention Design Advisor) – The site is located

on Westgate Street part of which is outlined in Cardiff Council Licensing Act 2003, Special Statement of Licensing area (Saturation Policy). 25 Westgate Street falls just outside the boundary, but is still in an area that is subject to the problems outlined in the evidence laid.

Given the problems of Crime and Disorder in the City Centre South Wales Police would wish to object to any planning consent which allows for opening beyond the existing permitted times as this would then become another premises to attract more pre loaded drinkers into the City Centre.

Analysis has show that overall crime in the City Centre of Cardiff is high with 1684 crimes recorded for the three months of July to September 2010 these figures include 409 incidents of violence, 9 Robberies and 705 incidents of anti-social behaviour these levels of crime are all recorded as high compared with background levels in the South Wales Police area.

It has been demonstrated in recent appeal decisions to Welsh Assembly Government Inspectors that there is a positive correlation between the number of late night economy premises and the levels of crime and disorder. The Police have a real concern therefore, over the number of late night economy premises that offer either alcohol, food or meals as these tend to bring in large numbers of people pre loaded with alcohol into the area and further increase the risk of crime or disorder occurring.

Taking the above information into consideration South Wales Police wish to object to the proposed change of use as this would increase the size of the late night economy and further exacerbate the problems of crime and disorder in the area. This objection is also based on previous evidence submitted to the council and as laid out in the Statement of Licensing Policy 31st January, 2008 (as amended July 2009), which demonstrates the cumulative effect of many licensed premises within the St Mary Street area of Cardiff which has given rise to the increase in problems of public disorder and nuisance.

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The Crime and Disorder Act requires both Police and Local Authorities in the exercising of their functions to do all they can to reasonably prevent crime and disorder. It is felt that by allowing further late night refreshment premises would add to the problems already identified in this area.

7. REPRESENTATIONS 7.1 The application has been publicised by letter, site and press notice, objections

have been received from owners and occupiers of nos. 5, 8, 11 & 16 Windsor House, 1, 2 & 21 Kenilworth House, 1, 10 & 19 Marlborough House, 3, 8, 10 & 18 Raglan House, 1 & 9 Dunraven House and 15 Branksome House, The objections relate to loss of amenity, additional noise and potential increase in crime and disorder and anti-social activity.

7.2 Correspondence of support has been received from Dr Neil Stephens of 4

Braeval Street, Roath as follows:

This attractive old building requires occupancy as soon as possible to reverse ongoing deterioration. To allow Beat Box Bars Ltd the revenue streams to upgrade the building and return it to fruitful use they require extended opening hours, and have demonstrated with their other city centre venues that they can do this responsibly. The application would also further allow the development of Womanby Street as a creative centre for the city with a distinct character from other bar orientated sections of the city centre. Having a strong creative quarter will add to the standing of Cardiff for residents and visitors alike. Womanby Street is the only location in the city centre that looks to fulfil this role and the track records of Beat Box Bars with their other successful live music venues demonstrates that they are exceptionally well positioned to deliver on this vision. The following additional support has also been received from Robin Jones: 1. It will bring into use a landmark historical building which has sat vacant for too long in a key city centre location opposite the Millennium Stadium. 2. The developers have a good track record for running successful and high quality venues elsewhere in the city. 3. Approving this license will be a logical addition to Womanby St which already has a strong but small collection of independent music and entertainment venues. I believe that this will strengthen the appeal of Cardiff's 'Castle Quarter' as an area which can begin to be seen in a similar light to Manchester's Northern Quarter, Bristol's Gloucester Rd, Shoreditch In London and other non-mainstream quarters which strengthen the city's diversity and cultural offering, while appealing to a broad range of individuals. 4. I believe that the noise concerns raised by residents of Westgate St are largely redundant if the entrance (as proposed) is onto Womanby St and the license is granted until 2.30am. In fact I would suggest that they would notice little difference as Womanby St is already a vibrant and busy late night quarter.

7.3 Local Members were notified of the proposal, Councillors Knight, Merry &

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Weaver object as follows:

A compromise was already reached where the planning committee attached on conditions for the closing times in order to keep disturbances to local residents to a minimum. This new application does not address the concerns expressed previously by residents and the Police and therefore the current conditions should remain. Whilst we welcome the soundproofing plans outlined in this new application, this does not cover the concerns that led to the conditions originally. A big concern is the traffic of people entering and leaving the venue. The report recognises that a staggered closing time between bars in the area. Clashing closing times can cause major disturbance to local residents, especially when there are a high number of bars in one street like Westagte St/Womanby St. The requested closing time of 02:30am would clash at exactly the same time as the busy Full Moon club situated a few doors down on Womanby Street. The current conditions of a 01:30am closing on weekends also the preferred approach of area management to be fulfilled and no variation on this condition should be made. We are also concerned about the request for the later closing time being applied for every single day of the week not just at the weekends. This does not allow any respite for residents living on Westgate Street. Whilst the application relies heavily on the style of venue they are aiming to produce - the planning conditions apply to the building and not to the current owners. Therefore this factor should not be considered in the making of this decision. As the major concerns for the conditions being attached originally have not been addressed by this latest application, those conditions must therefore remain. Councillor Clark also objects to the application as follows: 25 Westgate Street is directly opposite a well established series of residential apartment blocks consisting of 160 flats at Castle Court. It is also alongside a residential apartment block at the Grand Hotel in Westgate Street. The residents in this area already suffer from the public nuisance, crime and disorder and public safety problems caused by the city centre late night and drinking culture. The proposed opening hours will have a negative impact upon residents of Castle Court through:

• increased noise levels emanating from the music levels and people inside

the premises until the early hours of the morning • increased anti-social behaviour and noise levels when customers leave

the venue since they are likely to be more drunk due to the longer time allowed for drinking and they will be leaving the venue in the early hours of the morning when nearby residents will be sleeping. I do not agree that having Womanby Street as the main exit will stop any adverse impact. Many clients are likely to walk down Quay Street/Westgate Street once they leave the Womanby Street entrance

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• approval of this application could create a precedent that could lead to other premises in the upper Westgate Street area obtaining licences to remain open until 4.30am.

It should be pointed out that, as far as I know, no other bar in the section of Westgate Street between Castle Street and Quay Street has a license to operate beyond 12.30 on a Sunday to Thursday or 1.30am on Friday and Saturday. I understand that there is already permission for this premises to operate on these hours and I do not understand why they need longer.

Simply putting acoustic treatments to windows of properties is unlikely to be sufficient to ensure there is no noise impact on nearby residents. The current planning restrictions have specifically been put onto 25 Westgate Street to protect local residents from any adverse impact of extended opening hours. Nothing has changed with regard to the potential impact on local residents since when the restrictions were first made. There is no evidence to support the statement made in the fourth paragraph of the RPD Building Consultant application, that “The proposals to extend the opening hours will have little or no effect on the character of the surrounding area”.

8. ANALYSIS 8.1 Residential Amenity Considerations

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 premises are located in a mixed use area of office, commercial and residential uses. Westgate Street maisonettes, approximately 152 units in total are located 20m of the premises; and there are newly built apartments (over 20 units) above the former Grand Hotel in Westgate Street a short distance to the North.

8.2 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 01:30 on Friday and Saturday nights and from 00:00 for the remainder of the week until 02:30 on all days would unduly detract from residential amenity in the area, or be likely to increase levels of crime and disorder in the locality.

8.3 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

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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.

8.4 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.

8.5 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.

8.6 TAN 11: “Noise” identifies that measures should be introduced to control the

source of, or limit exposure to noise where there are noise-sensitive developments, for example by limiting the operating time of the noise source through the use of conditions to safeguard local amenity.

8.7 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.

8.8 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 rather than Westgate Street in the early hours as currently applied to The Gatekeeper. 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 or towards Westgate Street. There is therefore obvious concern that the degree of noise and disturbance of patrons of entering and leaving the premises up until 02:30 would result in

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a more intense impact on the amenity of neighbouring residents than at 00.30/01.30 as currently permitted.

8.9 Crime & Disorder Considerations

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 objection from South Wales Police on the basis that a 02:30 closing time of the premises would likely give rise to increased levels of anti-social behaviour, crime and disorder in the City Centre locality is therefore considered reasonable.

8.10 Representations

The representations received from Councillors and from residents of the Castle Court flats on Westgate Street are noted, these issues are addressed within paragraph 8.8 above.

8.11 The representations in support are noted, however the proposal is considered

unacceptable as detailed in the above analysis. The applicant’s supporting statement that trading until 02.30 would be similar to the hours of several premises in the vicinity of Womanby, Castle and Quay Streets, including the City Arms directly opposite the site is noted. It is noted that the premises benefits from a premises license to open until 04:30 and to serve alcohol until 04:00, however 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 limit the trading hours to protect nearby residents from late activity and to prevent crime and disorder, 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.

8.12 Conclusion

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.

In this context the proposed opening hours are considered excessive,

unjustified and likely to unacceptably detract from the residential amenity 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. Refusal of variation of condition 2 of Planning Permission 08/2329/C is therefore recommended.

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/01267/DCI APPLICATION DATE: 27/07/2012 ED: CATHAYS APP: TYPE: Full Planning Permission APPLICANT: Charnwood Group LOCATION: 23-24 PARK PLACE, CATHAYS PARK, CARDIFF, CF10 3BA PROPOSAL: DEMOLITION OF EXISTING BUILDINGS AND PROPOSED

MIXED-USE DEVELOPMENT, STUDENT ACCOMMODATION COMPRISING OF 14 APARTMENTS HOLDING A TOTAL OF 79 BEDROOMS. (5 X 5 BED APARTMENTS AND 9 X 6 BED APARTMENTS), PLUS A RETAIL UNIT AS PART OF THE SAME BUILDING AT 200SQM

____________________________________________________________________

RECOMMENDATION: That planning permission be REFUSED for the following reasons: 1. The proposals, by virtue of the proposed demolition of the existing

building and the siting, scale and design of the redevelopment proposals do not preserve or enhance the character and appearance of the conservation area, contrary to LP Policy 3, UDP Policy 2.53 and PPW (para 6.5.17 and 6.5.18).

2. 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 its local context and adversely affects the aesthetic quality of the area contrary to LP Policy 11 and UDP Policy 2.20.

3. The loss of small scale professional office accommodation adversely

impacts on the character of the conservation area and its continued role as an important office location, contrary to the Northern Professional Office Area SPG.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The detailed application is for the demolition of a pair of Victorian villas on the

northern corner of Park Place and St. Andrew’s Place and the construction of a six storey mixed use development comprising 79 student bedrooms in 14 apartments with retail use (single unit 200sqm) at ground floor.

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1.2 The building will occupy practically the entire site and will be 4 storeys high fronting Park Place, rising to 6 storeys high at the rear. The main entrance to the student accommodation will be from St. Andrew’s Place. The 200sqm A1 unit is also accessed from St. Andrew’s Place. There is a service access from Park Lane to the rear providing access to the rear of the retail unit and to binstores and 2no. car parking spaces. There is also access to a garage for one disabled parking space from Park Lane. Access to a secure bike store and a small courtyard is from Park Place adjacent to the boundary with no. 25 Park Place.

1.3 The proposed building is approx. 14m high at the front and 21m high at the

rear. The adjoining villa at 25 Park Place is 11m to the ridge. Caradog House to the rear is 16m high. The building line to the front follows that of Park Place. Along St. Andrew’s Place the building line is set back 1.5m from the heel of the pavement.

1.4 The building is contemporary in appearance with expressed brickwork frame

and infill recessed panels of stone cladding and glazing. It takes the form of a stepped cube with the massing concentrated to the rear. The roof is flat.

1.5 The principal elevation occupies the full length of the St. Andrew’s Place

frontage and features paired vertical bedroom windows and glazed circulation tower. Student bedrooms are located on the ground floor at the corner with Park Place. The main entrance to the student accommodation and glazed shopfront and entrance occupy the rest of the St. Andrew’s Place ground floor elevation.

1.6 The secondary elevation to Park Place comprises large horizontal areas of

glazing serving communal kitchen/living areas to the corner adjacent to 25 Park Place. The remainder of the elevation is made up of largely blank panels of stonework with fire escape and student rooms behind.

1.7 An accompanying application for Conservation Area Consent for the demolition

of nos. 23-24 Park Place is also under consideration. 1.8 The following additional information is submitted:

• Design and Access Statement 2. DESCRIPTION OF SITE 2.1 The application site is at the corner of Park Place and St. Andrew’s Place and

is occupied by a pair of 2 storey semi-detached Victorian villas (23-24 park Place). Nos. 23-24 Park Place are currently vacant but were formerly used as professional offices. Adjacent premises at 25 Park Place are in use as

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professional offices. To the rear is Caradog House, a 5 storey red brick office building.

2.2 The site is located in the City Centre Principal Business Area, the Northern

Professional Office Area, the Cathays Park Area of the approved City Centre Strategy 2007-2010, and the Cathays Park Conservation Area, designated in 1975. it is located immediately to the north of the Windsor Place Conservation Area.

2.3 Park Place, which forms part of the Cathays Park Conservation Area, lies to the

east of the Civic Centre and is characterised by terraced and semi-detached Victorian villas. Except for the Cardiff University Students Union Building and Cathays Park Railway Station the frontage has remained largely unaltered. Park Place is one of the Areas of Special Character within the Conservation Area.

2.4 Within the Park Place Area of Special Character are a number of modern infill

developments (including Caradog House to the rear of the application site) that fail to contribute positively to the conservation area due to their scale and dominant appearance in the street scene, and their unsympathetic choice of materials.

2.5 The buildings to be demolished are not listed or locally listed. The closest listed

building is the Grade I listed National Museum Building in Cathays Park. The proposals are not considered to directly affect the setting of the listed building.

3. PLANNING HISTORY 3.1 No relevant planning history. 4. POLICY FRAMEWORK

Relevant national planning policy and guidance

4.1 Planning Policy Wales (Edition 4, February 2011) Polices of particular relevance are: • 6.5.17 & 6.5.18 Conservation areas

Relevant local planning policy and guidance 4.2 Adopted Local Plan

• Policy 3 Development in Conservation Areas • Policy 11 Design and Aesthetic Quality

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4.3 Deposit Unitary Development Plan • Policy 2.20 Good Design • Policy 2.53 Conservation Areas • Policy 2.57 Access, Circulation and Parking

4.4 Supplementary Planning Guidance • City Centre Strategy (2007-2010) • Safeguarding Land for Business and Industry (2006) • Northern Professional Office Area Planning Brief (March 2000) • Cardiff City Centre Public Realm Manual (2009) • Cathays Park Conservation Area Appraisal (2009) • Open Space (2008) • Community Facilities and Residential Development (2007) • Infill Sites (2011) • Access, Circulation & Parking Standards (2010) • Waste Collection & Storage Facilities (2007)

5. INTERNAL CONSULTEE RESPONSES 5.1 Transportation: The Council’s Transportation Officer’s observations will be

reported to committee. 5.2 Parks Services: The Parks Officer notes that no public open space is being

provided on site and requests a contribution of £41,855 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.

5.3 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 and in accordance with the SPG the developers will be required to make a financial contribution of £32,390 towards the provision of additional community facilities off-site or the improvement of existing community facilities in the locality.

5.4 The use of the contribution will be determined in accordance with the approved

procedure which requires consultation with Planning and Members. It is envisaged that the contribution would be directed towards improving either the Salisbury Road Local Centre or Maindy Leisure Centre.

5.5 Trees and landscaping: The Tree Preservation Officer requests full landscaping

details up front.

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5.6 Ecology: The Ecology Officer notes that the building provides roosting opportunities for bats and requests a bat survey to inform consideration of the application.

5.7 Highways and Waste Management: The Drainage Engineer has not provided

any comments. 5.8 Pollution Control (Noise & Air): No objection subject to road traffic, opening

hours, delivery times, plant noise and kitchen extract conditions, and a recommendation on construction site noise.

5.9 PC (Contaminated land): No objection subject to conditions on imported soils

and aggregates and a contamination and unstable land advisory notice. 5.10 Waste Management: The Sustainable Planning Officer raises concerns over

the capacity of the proposed bin storage area and requests a waste strategy that can be accommodated/ securely managed on site.

6. EXTERNAL CONSULTEE RESPONSES 6.1 Welsh Water: Welsh Water request the following conditions, if planning

permission is granted: Foul water and surface water to be drained separately; no surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority; and land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

6.2 Police Architectural Liaison: The Police Architectural Liaison Officer has not

provided any comments. 6.3 The Central Area Conservation Group: The next meeting of the Conservation

Group is not until 19th September. Members of the Conservation Group were sent details of the proposals by email on 22.8.12 and asked for individual comments.

7. REPRESENTATIONS 7.1 The proposals were advertised as a major application affecting a conservation

area in the press and on site, and Local Members and neighbours were consulted. The consultation period ends on 6th September. To date a total of 3 objections have been received, one from adjoining owners at 25 Park Place, one from Jonathan Poyner (member of the Central Area Conservation Group), and one from a resident of Rhiwbina.

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7.2 The grounds for objection in no particular order of preference are: • The existing Victorian villas should be protected • The design fails to preserve or enhance the character and appearance of

the conservation area. • Scale and appearance is dominating and out of keeping. • Impact of large influx of students on character of an established office

location. • Lack of off-street parking resulting in increased pressure on on-street

parking in the immediate vicinity. 8. ANALYSIS

Land Use 8.1 The application site is located within the City Centre Principal Business Area,

the Northern Professional Office Area, the Cathays Park Conservation Area, and the Cathays Park Area of the approved City Centre Strategy 2007-2010.

8.2 The main land use planning policy issue relates to the loss of existing office

floorspace within the Northern Professional Office Area as a result of the demolition and the acceptability of student housing and retail uses. Loss of existing small-scale office floorspace as a result of demolition

8.3 Situated adjacent to the Civic Centre in Cathays Park, Park Place was originally developed in the 19th century as a residential area and principally comprises of terraced and semi-detached villas. Over the past century landuses within the area have changed and the properties are now largely used as small-scale professional offices. The scale and nature of these buildings make a significant contribution to Cardiff’s ability to offer a range, choice and quality of office premises and the Council’s approved Supplementary Planning Guidance (SPG) for the Northern Professional Office Area (NPOA) specifically seeks to control the loss of existing small-scale professional offices within this important location.

8.4 The SPG states that proposals involving the loss of existing office

accommodation will generally be resisted and introduces criteria against which development proposals in the area will be assessed, including whether or not the premises are vacant and if so for how long, and whether the proposals will preserve or enhance the character and appearance of the Conservation Area.

8.5 The SPG also seeks to preserve this specific type of premises for office

accommodation, both in terms of protecting the character of the conservation area and to contribute towards the range and choice of offices available in Cardiff.

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8.6 The applicant has stated that both properties are currently vacant, however they have provided no details of the length of time that the premises have remained vacant, or identified whether they have been actively marketed for office use. According to the Council’s Landuse and Floorspace Survey, both units were occupied as offices during 2011.

8.7 The applicant proposes to demolish 23-24 Park Place and redevelopment

proposals do not include replacement small scale office use. 8.8 There is a general presumption in national and local policy and guidance

against the demolition of buildings that make a positive contribution to the character of a conservation area. The existing building is considered to make a positive contribution and no evidence has been supplied on the condition of the building and the cost of repair in relation to its importance, or whether it is capable of beneficial use. The application is not accompanied by acceptable redevelopment proposals. Its demolition is not therefore considered acceptable in terms of conservation policy.

8.9 The demolition of a building that makes a positive contribution to the character

and appearance of the conservation area is dealt with in more detail in the report on the accompanying Conservation Area Consent application (12/1268/DCI).

8.10 Given that the applicant has failed to demonstrate how their proposal could

satisfy the approved Northern Professional Office Area SPG the loss of small-scale professional offices within the Northern Professional Office Area is not considered acceptable in terms of land use policy.

Proposed student housing and retail uses

8.11 In relation to the proposed use: Similar proposals for student accommodation in various city centre locations have recently been approved, including proposals for 84 student bedrooms on the east side of St. Andrew’s Lane, which is located in the Windsor Place CA and the Northern Professional Office Area.

8.12 Whilst the principle of student accommodation is generally considered

acceptable within the City Centre Principal Business Area, in this case the loss of small scale professional offices and the impact on the character and appearance of the Cathays Park Conservation Area raise significant policy objections, contrary to adopted development plan policies, national planning policy and approved supplementary planning guidance.

8.13 In relation to the proposed retail use the site lies outside the Principal Shopping

Area (PSA) of the city centre and also falls outside of any designated District and / or Local Centres as identified within the Local Plan, so any proposal for a Class A1 (Shop) would need to satisfy the three tests of out-of-centre retail

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policy. The applicant would need to have demonstrated that the proposal would not have a harmful impact on the city centre, the Salisbury Road District Centre, or any strategies aimed at protecting and enhancing these centres.

Design and Impact on Conservation Area

8.14 LP Policy 3 requires development proposals to preserve or enhance the character and appearance of the conservation area. In particular proposals need to demonstrate that the scale, layout, form, materials and detailing of buildings in the area have been respected, and that significant views in and out of the area are not unacceptably affected.

8.15 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). In this case the views of the landmark National Museum Building are a material consideration.

8.16 Scale: The building is approximately 3m higher on the Park Place frontage than

the ridge of the adjoining 2 storey villa, and approximately 5m higher on the St. Andrew’s Place frontage than neighbouring Caradog House. The scale of the building is derived from that of Caradog House, a development which is identified in the Conservation Area Appraisal as failing to contribute positively to the Conservation Area due to its scale and dominant appearance in the street scene.

8.17 The proposals occupy the entire area of the site and locate 4 storey

development to the street and 6 storey development to the rear. The height, form and massing does not exhibit a sensitive response to the traditional spatial arrangement of the conservation area which is typified by 2 and 3 storey buildings facing the street and occupying the front half of the plot, and subservient annex development to the rear.

8.18 The architectural treatment of the principal facades does not make reference to

the character of the conservation area. The elevation to Park Place is treated is secondary to that of St. Andrew’s Place and employs large areas of glazing and blank stone panelling that makes no reference to the architecture of the Park Place street frontage. The principal elevation to St. Andrew’s Place benefits from an active ground floor frontage but presents a repetitive and overscaled façade that owes more to its neighbour, Caradog House, than to the prevailing appearance of the conservation area.

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8.19 The prominent corner site is an important part of key views of the conservation area and the landmark listed national museum Building from Park Place and Gorsedd Gardens and the eye will be drawn by the disproportionate scale of the building within the streetscene. Its size and prominent appearance and the fact that it turns its back on Park Place presenting a largely blank and inactive frontage to the street will disrupt the harmonious frontage and adversely impact on the character of the conservation area and important landmark buildings and local views.

8.20 In common with Caradog House and some of the other modern interventions in

the CA the proposals are for a significantly greater quantum of development on the site than existing. The resulting overlarge and clumsily proportioned building neither preserves nor enhances the character and appearance of the conservation area, does not have proper regard to the scale and character of the surrounding environment and adversely affect the aesthetic quality of the area.

Access and Parking

8.21 Transportation’s observations will be reported to committee. On the basis of similar recently consented city centre student housing schemes there is unlikely to be any objection to the proposed access and parking arrangements.

Amenity of neighbouring occupiers (overlooking and daylighting)

8.22 The proposals raise no issues of overlooking or daylighting.

Amenity of future occupiers (floor area, daylighting and external amenity space) 8.23 No community facilities are provided and there is only limited external amenity

space provided. This is considered acceptable for student housing in a city centre location and adjacent to a park. Both Parks Services and Regeneration have requested financial contributions to offset the lack of on-site provision.

8.24 All student rooms enjoy adequate levels of daylighting and a reasonable

outlook. Representations

8.25 The objections to the application on the grounds of design and impact on the conservation area have been addressed above.

8.26 The objections to the demolition of the existing buildings is dealt with above and in more detail in the report on the accompanying Conservation Area Consent application (12/1268/DCI).

8.27 The impact of student housing on the established office character of the area is

addressed in the ‘Proposed student housing and retail uses’ section above.

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8.28 Transportation’s observations will be reported to committee. On the basis of similar recently consented city centre student housing schemes there is unlikely to be any objection to the proposed access and parking arrangements.

9. CONCLUSION 9.1 The demolition of a building that contributes to the character of the CA has not

been adequately justified and is not accompanied by acceptable redevelopment proposals. It is therefore contrary to PPW (para 6.5.18) and policy 3 of the LP.

9.2 The proposals by virtue of the demolition of the existing building and the scale

and appearance of the proposed redevelopment fail to preserve the character and appearance of the conservation area and do not have proper regard for its local context. It is therefore contrary to Policies 3 and 11 of the LP and PPW (paras 6.5.17 and 6.5.18).

9.3 The loss of office use is contrary to the Northern Professional Office Area SPG. 9.4 For the above reasons the application is recommended for refusal.

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/01268/DCI APPLICATION DATE: 27/07/2012 ED: CATHAYS APP: TYPE: Conservation Area Consent APPLICANT: Charnwood Group LOCATION: 23-24 PARK PLACE, CATHAYS PARK, CARDIFF, CF10 3BA PROPOSAL: DEMOLITION OF EXISTING BUILDINGS ON SITE ______________________________________________________________________

RECOMMENDATION: That Conservation Area Consent be REFUSED for the following reason:

1. The demolition of the existing building fails to preserve or enhance the

character or appearance of the conservation area, contrary to Planning Policy Wales (para 6.5.18), Welsh Office Circular 61/96 (para 33), Policy 3 of the Local Plan, policy 2.53 of the Deposit UDP, and the Cathays Park Conservation Area Appraisal SPG.

1. DESCRIPTION 1.1 The Conservation Area Consent application is for the demolition of a pair of

Victorian villas on the northern corner of Park Place and St. Andrew’s Place. An accompanying detailed application for planning permission (12/01267/DCI) for demolition of existing buildings and mixed use development comprising 79 student bedrooms and ground floor retail is under consideration.

1.2 The following additional information is submitted:

• Design and Access Statement

2. DESCRIPTION OF SITE 2.1 The application site is at the corner of Park Place and St. Andrew’s Place and is

occupied by a pair of 2 storey semi-detached Victorian villas (23-24 park Place). Nos. 23-24 Park Place are currently vacant but were formerly used as professional offices. Adjacent premises at 25 Park Place are in use as professional offices. To the rear is Caradog House, a 5 storey red brick office building.

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2.2 The site is located in the Cathays Park Conservation Area, designated in 1975. 2.3 Park Place lies to the east of the Civic Centre and comprises terraced and semi-

detached Victorian villas. Except for the Cardiff University Students Union Building and Cathays Park Railway Station the frontage has remained largely unaltered. Park Place is one of the Areas of Special Character within the Conservation Area.

2.4 The buildings to be demolished are not listed or locally listed. The closest listed

building is the Grade I listed National Museum Building in Cathays Park. 3. PLANNING HISTORY 3.1 No relevant planning history. 4. POLICY FRAMEWORK

Relevant national planning policy and guidance 4.1 Planning Policy Wales (Edition 4, February 2011) Polices of particular relevance

are: 6.5.18 Conservation Areas 4.2 Welsh Office Circular 61/96 Planning and the Historic Environment: Historic

Buildings and Conservation Areas (December 1996)

Relevant local planning policy and guidance 4.3 Adopted Local Plan

• Policy 3 Development in Conservation Areas 4.4 Deposit Unitary Development Plan

• Policy 2.53 Conservation Areas 4.5 Supplementary Planning Guidance

• Cathays Park Conservation Area Appraisal (2009) 5. INTERNAL CONSULTEE RESPONSES 5.1 Consultees have responded on the accompanying detailed planning application

for the proposed redevelopment proposals. No specific comments have been made on the proposed demolition.

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6. EXTERNAL CONSULTEE RESPONSES 6.1 Glamorgan Gwent Archaeological Trust Ltd: GGAT note that the application site

is on the edge of the medieval town of Cardiff and the Archaeologically Sensitive Area of Cardiff, and within the Cathays Park Conservation Area: Any ground disturbance can be expected to encounter archaeological remains.

6.2 Additionally they note that any application within the Conservation Area should

seek to protect or enhance the special architectural and historic interest of the area, currently information as to how this will be achieved is not evident in the supporting documentation and therefore we are not in a position to provide a recommendation for archaeological mitigation for the proposed development.

6.3 GGAT recommend that the application should be deferred until the applicant

submits such a statement, and if the statement is not received, would formally object to the proposals.

6.4 The Central Area Conservation Group: The next meeting of the Conservation

Group is not until 19th September. Members of the Conservation Group were sent details of the proposals by email on 22.8.12 and asked for individual comments.

7. REPRESENTATIONS 7.1 The proposals were advertised in the press and on site as an application for

Conservation Area Consent for the demolition of existing buildings and neighbours were consulted. The consultation period ends on 6th September. To date a total of 2 objections have been received from Jonathan Poyner (member of the Central Area Conservation Group) and from a resident of Rhiwbina. They object to the proposed demolition and seek clarification on the procedures in place to protect buildings in conservation areas.

8. ANALYSIS 8.1 The applicant proposes to demolish 23-24 Park Place and has identified in their

Design and Access Statement that the building has ‘fallen into a state of disrepair’ (Page 17) and that ‘the existing building is currently encased in scaffolding and is structurally unsound’ (Page 19). However, no details have been provided of whether the condition of the building has been assessed by appropriate conservation professionals, or structural engineers; whether the repair of the building outweighs its importance to the conservation area, or if the

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property has been marketed for a reasonable period at a price reflecting its condition.

8.2 The applicant’s agent has stated that reports are to be prepared which address

the condition of the building and the cost of repairs v. importance to the conservation area, and the potential for beneficial use. The applicant has been informed in writing by email dated 29.8.12 that in the event that any additional information received prior to committee it will be taken into account and the conclusions reported to Committee as late representations.

8.3 The Cathays Park Conservation Area Appraisal identifies that the properties

situated on the eastern side of the street (Park Place) are largely comprised of terraced and semi-detached Victorian villas and that although the villas vary in style and building materials, they retain a common scale and proportion, and have remained largely unaltered. The existing building is, therefore, considered to make a positive contribution to the character of the conservation area.

8.4 Paragraph 6.5.18 of Planning Policy Wales states that Conservation Area

designation introduces control over the total or substantial demolition of unlisted buildings within Conservation Areas. In exercising controls, account should be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, in particular of the wider effects of demolition on the building’s surroundings and on the conservation area as a whole. The general presumption should be in favour of retaining buildings which make a positive contribution to the character or appearance of a conservation area.

8.5 Para 6.5.18 of PPW also states that in exercising control over demolition

consideration should be given to replacement structures. 8.6 Paragraph 33 of Welsh Office Circular 61/96 states: The general presumption

should be in favour of retaining buildings which make a positive contribution to the character or appearance of a conservation area. Proposals to demolish such buildings should be assessed against the same broad criteria as proposals to demolish listed buildings. Consent for demolition should not be given unless there are acceptable and detailed plans for redevelopment. It also states that the decision-maker is entitled to consider the merits of any proposed development in determining whether consent should be given for the demolition of an unlisted building in a conservation area.

8.7 The criteria against which the demolition of a listed building (and buildings which

make a positive contribution to a conservation area) are outlined in paras 91 and 92 of 61/96. These are:

• The condition of the building, and the cost of repairing and maintaining it in

relation to its importance and to the value derived from its continued use. In

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• The adequacy of efforts made to retain the building in use. This should include the offer of the unrestricted freehold of the building on the open market at a price reflecting the building’s condition; and

• The merits of alternative proposals for the site. Whilst these are a material consideration the SoS takes the view that subjective claims for the architectural merits of proposed replacement buildings should not in themselves be held to justify the demolition of any listed building (or building that makes a positive contribution to the character of a conservation area – see above).

8.8 Policy 3 of the Local Plan is primarily concerned with the adequacy of

development proposals within conservation areas. However it also deals with demolition of buildings in conservation areas and states that demolition of a building which contributes to the character of a conservation area will normally only be granted where the cost of repair or maintenance outweighs its importance, it is incapable of beneficial use, or where its removal would improve the appearance or character of the area.

8.9 Local Plan Policy 3 also states that an application for conservation area consent

will normally only be considered where it is accompanied by a detailed planning application in respect of acceptable redevelopment proposals.

8.10 Accompanying detailed application 12/1267/DCI is recommended for refusal on

the grounds that the proposed redevelopment does not preserve or enhance the conservation area and does not have proper regard to the scale and character of its local context, contrary to policies 3 and 11 of the LP, and that the loss of small scale professional office accommodation adversely impacts on the character of the conservation area and its continued role as an important office location, contrary to the Northern Professional Office Area SPG.

8.11 No evidence has been supplied in relation to the condition of the building and the

cost of repair in relation to its importance, or whether it is capable of beneficial use. The application is not accompanied by acceptable redevelopment proposals. Demolition is not therefore considered acceptable.

Representations

8.12 The objections to the application to demolish the building, and the request for clarification of procedures in place in order to protect buildings in conservation areas, is addressed above.

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9. CONCLUSION 9.1 The demolition of a building that contributes to the character of the conservation

area has not been adequately justified and is not accompanied by acceptable redevelopment proposals. It is therefore contrary to PPW (para 6.5.18), Welsh Office Circular 61/96, policy 3 of the Local Plan, policy 2.53 of the Deposit UDP, and the Cathays Park Conservation Area Appraisal SPG.

9.2 For the above reason the application for Conservation Area Consent is

recommended for refusal.

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LOCAL MEMBER OBJECTION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/00701/DCH APPLICATION DATE: 25/04/2012 ED: LLANDAFF APP: TYPE: Householder APPLICANT: Mr SPICER LOCATION: 5 CARDIFF ROAD, LLANDAFF, CARDIFF, CF5 2DN PROPOSAL: ALTERATIONS TO EXISTING HOUSE TOGETHER WITH

CONVERSION OF ROOF SPACE AND PROVISION OF DORMER WINDOWS TO REAR

___________________________________________________________________

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:


information contained in the drawings from the agent dated 09/07/12 and 01/08/12. Reason: The information provided forms part of the application.

2. Within 3 months of the date of this permission the materials used in the

construction of the external surfaces of the dormer extensions hereby permitted shall be finished in natural slate and lead sheeting to match that used on the roof of the existing dwelling. Reason: To ensure the external materials harmonise with the existing

building in the interests of the visual amenity of the area.

3. Within 3 months of the date of this permission the decorative Georgian glazing bars shall be removed from the front first floor windows in accordance with the details illustrated in drawing number 684/PA/06A received on 01/08/12. Reason: To ensure the external materials harmonise with the existing dwelling in the interests of the visual amenity of the area.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Retrospective planning permission is sought for two rear dormer roof

extensions and alterations to the existing house. 1.2 The two dormer extensions measure 1.1m wide, 1.1m to eaves, 1.7m to ridge

and with a maximum projection of 2.4m, the dormers will be finished in slate to match the existing roof.

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1.3 The other alterations to the dwelling include the render being removed from the front elevation to expose the original stonework and the replacement of windows to the first floor of the front and rear elevation. Currently the windows to the front are white UPVC windows with Georgian glazing bars, although following consultation with the Council’s Conservation Team the applicant has confirmed the bars are to be removed.

2. DESCRIPTION OF SITE 2.1 The application site is a terraced property within the Llandaff Conservation

Area. The dwelling is sited within its plot with a small stepped area to the front of the dwelling and an enclosed garden to the rear.

3. SITE HISTORY 3.1 05/01371W – Reduce the angle of steps to front door by converting the

existing 3 steps to 5 shallower longer steps also fit new handrail in between properties – planning permission granted 24/08/05

4. POLICY FRAMEWORK

4.1 City of Cardiff Local Plan (1996)

• Policy 3 (Development in Conservation Area) • Policy 11 (Design and Aesthetic Quality) • Policy 17 (Parking and Servicing Facilities) Deposit Cardiff Unitary Development Plan (October 2003) • Policy 2.20 (Good Design) • Policy 2.24 (Residential Amenity) • Policy 2.53 (Conservation Area) • Policy 2.57 (Access, Circulation and Parking Requirements) Supplementary Planning Guidance • Access. Circulation and Parking Requirements (2010) • Householders Design Guide (2007) • Llandaff Conservation Area Appraisal (2006)

5. INTERNAL CONSULTEE RESPONSES 5.1 Prior to work commencing on site the applicant liaised with the Councils

Conservation Team in regards to the rear dormer roof extensions. The Conservation Team has no objection to the loft conversion subject to an acceptable finish. In regards to the replacement front windows although being UPVC they represent an enhancement over the windows which were removed. The applicant has also confirmed that the unsympathetic Georgian glazing bars will be removed.

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6. EXTERNAL CONSULTEE RESPONSES 6.1 The Llandaff Conservation Group objects to the proposal in relation to the

dormer extensions not preserving or enhancing the roof line of the Conservation Area, affecting the privacy of neighbouring properties, being out of keeping with the rest of the roof scape and appear overbearing.

7. REPRESENTATIONS 7.1 Cllr Kirsty Davies has concerns regarding the development on the following

grounds:

• Does not improve or enhance the Conservation Area and are out of keeping with the surrounding roof scape. • The dormer windows result in an intrusion on the privacy of neighbours to the rear. The first floor windows which exist in the rear elevation of the dwelling do not overlook neighbours.

7.2 The occupiers of 15 Bridge Street object to the application for the following

reasons:

• Neighbouring properties are now overlooked by the dormer windows at the rear of 5 Cardiff Road. • If permitted the dormer extensions will result in an un-neighbourly, unsympathetic and overbearing development. • The loft conversion at the property is not consistent with the conservation approaches. It is only one of its type in the conservation area and ruins the roof line of the terrace which has been discouraged here and in other areas of the Llandaff Conservation area. • Development throughout the Conservation Area has been encouraged towards the use of roof lights instead of dormer windows. To permit this ‘one-off’ in its current form will adversely affect the principles and practice of conservation in this conservation area, setting a new precedent. • The application should be considered by the Conservation Area Advisory Group and Planning Committee.

7.3 The occupiers of 17 Bridge Street objects to the application for the following reasons:

• Not all properties affected by this development have been consulted. The investigating Enforcement Officer originally advised that the works were Permitted Development but this advice was rescinded when he realised it was in the Conservation Area.

• The dormer windows completely destroy the privacy previously had, are omnipresent and extremely intrusive.

• The distance between the dormers in the new development and the nearest habitable room windows of neighbouring properties is below the distance recommended.

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• The situation has not been properly assessed in relation to impact upon privacy. Officers have suggested that the windows in the dormers would not impact on the privacy of neighbours anymore than the existing first floor windows do. However, the existing first floor windows do not look above the garden wall.

• Utilisation of roof lights has been used in previous developments. • If the dormers were allowed to remain it would set a precedent and be

a clear indication that despite being in a conservation area and breaching recommended guidelines, the planning department will probably waive it through, particularly if you undertake development without applying for planning permission.

• The dormer windows will benefit only the developer and the occupant of the property but will have an immediate detrimental impact on existing residents.

8. ANALYSIS 8.1 The application was deferred by Planning Committee on 15th August

2012 in order for members to undertake a site visit. The site visit was undertaken on 5th September 2012. In addition paragraph 8.7 of this report has been amended from that seen previously by Planning Committee to correct inaccuracies in regards to the distances of the windows within the dormer to the neighbouring properties to the rear of the site.

8.2 The key issues are the effect of the proposal upon the character and

appearance of the area and on the living conditions of neighbours. 8.3 The dormer extensions are considered acceptable in regards to their

design and appearance. They are sited to the rear of the dwelling, of a small scale pitch and are set well within the roof plane (0.6m from the ridge, 0.9m from the eaves and 0.4m from the nearest boundary). Accordingly, it is considered that the development will not prejudice the character or appearance of the Conservation Area. However, to ensure the appearance of the dormer extensions are acceptable, condition 2 is deemed necessary.

8.4 Officers note comments made by 15 and 17 Bridge Street and the

Llandaff Conservation Group in relation to the development being overbearing. The Householder Design Guide states that the dormer windows should complement the design and proportion of the original building to help ensure they do not dominate the house or street. The Guide also advises that the dormers should be set below the original roof ridge, set back from the edge of the roof and set back from the external wall. The dormers at 5 Cardiff Road have been set down from the ridge by 0.6m, up from the eaves by 0.9m and from the edge of each side of the roof by at least 0.4m. The Council’s Conservation Team state that the dormers are proportioned relative to the roof slope and in this instance reflect the scale and proportions of the property.

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8.5 Concerns have been made by the occupiers of 15 and 17 Bridge Street, Cllr Davies and the Llandaff Conservation Group in relation to the dormer windows not preserving, enhancing or being consistent with the Conservation Area. The Council’s Conservation Team have advised that given that the works are to the rear of the dwelling it is unlikely that they would fundamentally impact on the Conservation Area and would as such be considered acceptable. With regards to the concerns raised in relation to the roof slope and the impact on the roof line raised by the Llandaff Conservation Group, Cllr Davies and the occupiers of 15 Bridge Street, the Llandaff Conservation Area Appraisals states that new dormers will only be appropriate where they respect the scale of the house, protect the character of the existing roof form and the appearance of the Conservation Area. The dormer windows for this application have been positioned on the roof slope with an attempt to align the two dormer extensions with the windows located in the main dwelling below them. The positioning of the dormers on the roof in this manner respects the symmetry evident in the existing dwelling. It is officers opinion that the relatively small scale of the dormer windows and their positioning on the roof slope ensures that they relate to the style of the existing dwelling and have a more balanced appearance on the roof as opposed to one larger dormer extension.

8.6 In regards to the neighbouring properties to the side of the application

site, it is considered there would not be any adverse impact upon their privacy or residential amenity as a result of the proposed rear dormers. The dormers would be set in from the side elevations and set in from the existing ridge and eaves so as to not cause un-neighbourly impact in respect to the occupiers of 3 and 7 Cardiff Road.

8.7 Officers note the concerns raised by the occupier(s) of 15 Bridge Street

and 17 Bridge Street, Cllr Davies and the Llandaff Conservation Group in relation to the effect on privacy and overlooking caused by the development. The Householder Design Guide suggests that habitable room windows should be positioned 10.5m from the rear boundary of a site and 21m between habitable room windows which directly back onto each other. It also suggests that where there is an established development pattern the above guidelines may not be appropriate. The windows to the dormer extensions will serve one habitable (bedroom) and one non habitable room (en suite bathroom). The habitable room window is approximately 14m from the boundary of 15 Bridge Street and 11m from the rear boundary of 17 Bridge Street. The dormer windows will be approximately 19m from the rear habitable room window at 15 Bridge Street and 20m to the window at 17 Bridge Street. However, it is important to note that these windows will be at an angle and do not directly look into each other. Accordingly it is considered that it would be unreasonable to strictly adhere the 21m distance referred to in the Householder Design Guide. In addition it is noted that the established residential pattern allows for the potential for overlooking of existing first floor windows at a distance of less than

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21m. Windows at first floor in the dwelling of the application site are positioned closer to the neighbouring properties than the dormer windows. It is noted there are trees between the application site and the neighbouring properties to the rear which provide some privacy for neighbours in addition to the existing boundary enclosure.

8.8 Issues raised by 15 and 17 Bridge Street regarding precedent being

set following this development are noted. However, each planning application submitted to the Local Planning Authority is dealt with on its own merits. Should further applications be submitted for similar proposals they will be determined accordingly.

8.9 The replacement windows to the front are considered an improvement

to the original. The applicant has confirmed that the unsympathetic Georgian bars will be removed. Condition 3 will ensure that the alterations take place. The applicant has also confirmed that no works will take place to the ground floor bay window to the front. The Councils Conservation Team therefore has no objections.

8.10 The proposal to remove the render to the front elevation and expose

the original stone work is considered acceptable by the Council’s Conservation Team. The Llandaff Conservation Area Appraisal states that natural building materials such as stone should be preserved and protected.

8.11 The proposal does not affect highway safety/parking. 8.12 It should be noted that it is not illegal to construct something which

requires planning permission. Advice within ‘TAN 9: Enforcing Planning Control’, suggests that a Local Planning Authority should invite a retrospective planning application to fully assess the development. The investigating Enforcement Officer reached a conclusion that planning permission was required and a planning application was submitted. This application has been publicised correctly in accordance with the Town and Country Planning (General Development Procedure) Order 1995. A notice was placed on site and within the local press. In addition all adjoining occupiers were notified by letter.

8.13 In view of the above, it is recommended that planning permission be

granted, subject to appropriate conditions.

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/857/DCH APPLICATION DATE: 21/05/2012 ED: LLANDAFF APP: TYPE: Householder Planning Permission APPLICANT: Mr Payne LOCATION: 1 FORDWELL, LLANDAFF, CARDIFF, CF5 2EU PROPOSAL: PROPOSED FIRST FLOOR EXTENSION, CONSERVATORY,

ALTERATION TO PARKING AREA, CONSTRUCTION OF OUTBUILDING BEHIND PARKING AREA, NEW BOUNDARY ENCLOSURE AND OTHER WORKS

___________________________________________________________________

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions: 1. Prior to the commencement of development on the first floor extension

hereby approved samples of the proposed external finishing materials shall be 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.

2. Prior to the commencement of development on the outbuilding hereby

approved samples of the proposed external finishing materials shall be 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.

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 windows shall be inserted in the first floor eastern elevation of the first floor extension hereby approved. Reason : To ensure that the privacy of adjoining occupiers is protected.


information contained in drawing numbers PL03C, SK05, PL08B, PL09, SK03, SK06, SK08 and the planting schedule/plan for 1 Fordwell received from the agent. Reason: The information provided forms part of the application.

5. Prior to the installation of the proposed windows within the dwelling and

extensions hereby approved details of these windows shall be submitted to and approved in writing with the Local Planning Authority.

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The submitted details shall include a sectional drawing at a scale of 1:2. The approved details shall be implemented. Reason: To ensure the external materials harmonise with the existing building in the interests of the visual amenity of the area.

6. Following beneficial use of the parking area and outbuilding hereby

approved the landscaping as illustrated within drawing No SK08 and the plan titled Plating Schedule/Plan for 1 Fordwell, which were received on 21st August 2012 shall be implemented within the current planting season or the first two months of the next planting season, which ever is the sooner. If within five years from the completion of development, any trees, plants or hedgerow which are part of this approved landscaping 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, which ever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason : To enable the Local Planning Authority, to determine that the proposals will maintain and improve the amenity of the area, and to monitor compliance.

7. No equipment, plant or materials shall be used upon the site for the

purpose of carrying out any works associated with this planning permission until those trees to be retained on and adjacent to the site has been protected in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.

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 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 exclude building operations from an area that extends to at least 2 metres beyond the edge of the tree canopies closest to the works.

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 5 m 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.


(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in

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southern elevation of the outbuilding hereby approved. Reason : To ensure that the privacy of adjoining occupiers is protected

9. The outbuilding hereby approved shall be used only for purposes

incidental to the enjoyment of the dwelling house at 1 Fordwell and for no other purpose. Reason: To ensure that the amenities of the occupiers of adjoining properties are protected.

10. The railings hereby approved along the eastern boundary of the site

shall be painted black within one month of their installation and be thereafter retained unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the railings enhance and preserve the appearance of the Llandaff Conservation Area.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Planning permission is sought for the following works:

• First floor extension above front (east) facing single storey flat roof garage;

• Retention of conservatory to the northern elevation of dwelling; • Creating a level off road parking area; • Construction of outbuilding behind the level parking area; • Construction of retaining walls within the rear garden of site to allow a

re-grading of rear garden; • Construction of new enclosures to the front (east) and retention of

enclosures to the west and northern boundaries of the site; • Replacement/addition of windows and doors within the existing

dwelling. 1.2 The proposed first floor extension will measure approximately 7.7m deep,

6.8m wide, 5.3m to eaves with a maximum height of 6.6m. The extension will have a gabled appearance to the street and be finished in timber cladding and roof tiles to match the existing dwelling. Windows will be installed at first floor within the north, east and southern elevations.

1.3 The conservatory to the northern elevation of the dwelling will measure

approximately 2.3m deep, 8.3m wide, 2.4m to eaves with a maximum height of 3.2m. The conservatory will have a lean-to appearance with patio doors and roof lights within the northern elevation and will be finished in render and roof tiles to match the dwelling. The conservatory will be on raised ground and include a raised patio/decked area to the north of the conservatory. This area will measure approximately 2.5m deep and be the full length of the northern elevation of the dwelling. It will result in the increase of the ground level by approximately 1.5m. This element of the proposal is partially constructed.

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1.4 The application site currently benefits from a garage sited lower than the highway. This garage is accessed via a driveway which falls in height from the pavement to the garage. Work has begun to convert the garage to a habitable room. Rather than have a drive which falls in height from the highway it is proposed to have a level driveway which provides a flat area the same height as the highway along this part of Fordwell. This will result in the drive being raised by an approximate height of 1.5 metres to create a level parking area which measures approximately 4.8m by 6m.

1.5 Behind this raised parking area it is proposed to construct an outbuilding which

will measure approximately 3.2m deep, 5.6m wide, 2.6m to eaves with a maximum height of 3.4m. Due to the fall in ground level within the application site compared to the highway at Fordwell, it will result in a structure measuring 1.2m to its eaves and 1.8m to its ridge being seen from the front of the dwelling. This outbuilding will be located between 0 – 2.2m from the south boundary of the site.

1.6 Within the rear garden retaining walls has been constructed so that the garden

to the rear and side (north) of the dwelling is effectively split into two levels. The largest retaining wall runs from the north western corner of the dwelling to the western boundary. A 1.8m high rendered wall has been constructed on top of this retaining wall. The garden to the south of the retaining wall is at a higher level that the garden to the north of the retaining wall.

1.7 A new enclosure have been constructed along the west and north boundaries

of the site. This enclosure is faced in feather edge timber boarding along the footpath side and will be rendered block work when viewed from within the site. This enclosure ranges in height from 2.1m to 2.7m in height (at the north east corner of the site). In addition it is proposed to construct a 1.2m high boundary enclosure to the front of the site adjacent to the highway of Fordwell. This enclosure will consist of a low dwarf wall and railings above.

1.8 As mentioned above, the conversion of the garage to a habitable room is

proposed. This results in new windows and doors to replace the existing garage doors. In addition replacement ground floor windows are proposed within the southern elevation, replacement ground and first floor windows within the western elevation, a new ground floor door within the western elevation and new ground and first floor windows within the northern elevation.

1.9 In addition, a submitted tree report and plans illustrate that a number of

sycamore trees and a cherry tree are to be removed along the southern boundary of the site. A planting plan submitted proposes evergreen shrubs to be planted in their place along the southern boundary of the site. The large Sycamore Tree within the south western corner of the site is to be retained. In addition, the silver birch tree along the eastern boundary, which appears to be within the garden of No 3 Fordwell would require pruning to accommodate the first floor extension.

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2. DESCRIPTION OF SITE 2.1 The application site is a detached dwelling within the Llandaff Conservation

Area. The site is located at the head of a cul-de-sac. To the west of the site is Llandaff Rowing Club and to the north the river Taff. Along the western and northern boundaries is a public footpath. The properties along Bridge Road are located to the south of the site.

2.2 The application site is on lower ground than the surrounding dwellings and the

highway. It has a large garden to its rear. The ground falls in height as you travel east to west along Fordwell towards the application site.

2.3 Fordwell is a mix of flats and detached dwellings. No’s 1, 2 and 3 Fordwell are

of a similar design and appearance in that they are finished by timber cladding. No 3 Fordwell enjoys extensions to its side and front which includes a first floor extension above what was a flat roof single storey annex.

3. SITE HISTORY 3.1 Planning Application 09/1197/W – Construction of 7 No Flats – Refused

September 2009 4. POLICY FRAMEWORK 4.1 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 policy is relevant:

3 (Conservation Areas) 11 (Design and Aesthetic Quality)

4.3 The following policies from the deposit Unitary Development Plan (October

2003) are of relevance:

2.20 (Good Design) 2.24 (Residential Amenity) 2.45 (Trees, Woodlands and Hedgerows) 2.53 (Conservation Areas)

4.4 The following Supplementary Planning Guidance is of relevance: Householder Design Guide (March 2007) Trees and Development (March 2007) Llandaff Conservation Area Appraisal (2006) 5. INTERNAL CONSULTEES RESPONSES 5.1 The Operational Manager (Transportation) has no objection to the proposal.

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5.2 The Councils Tree Preservation Officer has inspected the site and considered the submitted tree survey. No objection has been received in regards to the proposal. Conditions are proposed to require compensatory landscaping and protection of trees within and adjacent to the site.

6. EXTERNAL CONSULTEES RESPONSES 6.1 None. 7. REPRESENTATIONS 7.1 The application was advertised by way of notices in the press and on site. In

addition 7 neighbouring occupiers were notified in writing. 7.2 Objections have been received from the occupiers of No’s 1 and 3 Fordwell

and No’s 14 and 16 Bridge Road along with the occupier of 15 Bridge Street. Their objections relate to:

• Impact upon the privacy of neighbouring occupiers, particularly those

along Bridge Road; • The proposal will be detrimental to the character and appearance of the

Conservation Area. The proposal will be extremely prominent from the public highways of Fordwell and the footpath to its rear along with neighbouring properties;

• The proposal would impact on the views of neighbouring properties; • The proposal would be overbearing when viewed from neighbouring

properties; • The increase in height of the parking area along with the outbuilding to

the rear of this area will be clearly visible from the highway and will prejudice the character of the Conservation Area;

• This parking area and the outbuilding would be overbearing for neighbours to the south and the parking area would cause disturbance in regards to noise and fumes from vehicles;

• Work is on-going on site without the benefit of planning permission causing a general nuisance to neighbours.

7.3 The Llandaff Conservation Group objects to the proposal as the front

extension is contrary to the appreciation of the group of 3 houses and contrary to its urban edge/rural corridor setting. Insufficient information has been submitted in regards to the boundary enclosure.

7.4 The Llandaff Society objects to the proposal for the following reasons:

• The proposal is excessive in style and alters the character of the three houses at the bottom of Fordwell.

• The appearance and design of the proposed first floor extension is austere and barnlike and lacks adequate fenestration to create visual harmony at this site.

• The boundary surrounding the public footpath is excessive in height

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and dominating in relation to the character of this footpath. • The proposal fails to conserve and enhance the Llandaff Conservation

Areas. • The proposal is contrary to the River Taff Corridor Action Plan 2011-12. • Work has begun on site without first obtaining planning permission.

7.5 The occupier of 15 Bridge Street agrees with the comments made by the Llandaff Conservation Group and Llandaff Society.

7.6 The applicant has submitted a letter in support of his application. He suggests

that the reasons for purchasing the property and proposing the works was to provide a family home within Llandaff. The proposed first floor extension is on the footprint of the unsightly flat roof garage and the proposal involves the provision of fully insulated windows and repairs to the roof. Comments in respect to each objection received in regards to this application has been provided and are available on the public file.

8. ANALYSIS 8.1 The key issues are the effect of the proposal upon the character and

appearance of the area, the living conditions of neighbours and highway safety car parking.

8.2 First floor front extension

On balance it is considered that the proposed extension over the existing garage is considered acceptable in regards to its design and appearance. Although fairly large in scale, it sits above the existing forward projecting flat roof garage and there is no impact on the building line of the street. Furthermore, it is noted that due to the fall in ground level at the application site, its scale is not considered to dominate the street scene or the dwelling. When viewed from the east of the site within Fordwell, it is considered that when constructed and finished in materials to match the existing dwelling, the proposal will not prejudice the overall character of the street scene or wider conservation area. It should be noted that this property is at the end of the cul-de-sac and does not experience a large footfall. When standing to the east of the site, at the entrance to the street, looking west and north along the river it is not considered to be detrimental to the character of the area. A condition is deemed necessary in order to obtain samples of the proposed finish to ensure it matches the existing dwelling.

The extension is sited 12.4 metres at it’s nearest from neighbouring properties along Bridge Road and No 2 Fordwell. In addition the extension is sited to the north of these neighbours. At its nearest, the extension will be 0.8m from the boundary with 3 Fordwell and 7m from the dwelling at this property. Given the sunken position of the site, the scale of the extension is lessened when viewed from neighbour’s properties. Given this relationship to neighbours it is considered that the proposal will not be a visually overbearing feature, or will it cast any undue shadow over neighbouring properties. Where it may cast a shadow over the side garden of No 3, it will not be to an extent to warrant a refusal of planning permission, having regard to the remaining garden at No 3.

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The proposed windows within the southern elevation of this extension are 12.4m metres from the southern boundary of the site with the properties on Bridge Road and between 25-26 metres from the dwellings within Bridge Road. Given these distances and the fact that the dwelling at the application site is on lower ground than these dwellings it is not considered that the privacy of neighbours along Bridge Road will be prejudiced. The window within the eastern elevation facing the road is at a high level and will not prejudice the privacy of neighbours due to this fact. A condition will restrict any further windows within this elevation to protect the privacy of the occupiers of 3 Fordwell. The windows to the north elevation overlook the rear garden of the site and the river to the north. Accordingly, it is considered that the proposed windows within the first floor extension comply with the guidance on privacy contained within Chapter 6 of the Householder Design Guide.

8.3 Conservatory

The conservatory is considered to be subservient in scale to the original dwelling and of an acceptable appearance and design. It is officer’s opinion that the conservatory will not impact on the character of the conservation area whether viewed from Fordwell, neighbouring properties or the adjacent footpath.

The conservatory will be positioned 4.5 metres from the nearest neighbour at 3 Fordwell. The dwelling at 1 Fordwell will screen the conservatory from neighbours to the south. Given the distance between the conservatory and neighbours along with its single storey scale, it is not considered that the conservatory will prejudice the residential amenities of neighbours. The fact that this conservatory is at the same level as the dwelling (approximately 1.5m above original floor level) is not considered to alter this assessment.

8.4 Raised Parking

The proposed parking area will create an area which is at the same level as the highway to allow vehicles to park directly at road level rather than on the lower driveway as existing. Within the application site, this will result in the drive being approximately 1.5m higher than the existing land. Officers consider that this will not impact adversely on the appearance of the street scene or the character of the area. It is noted that cars could park to the front of the property and in the turning area of the cul-de-sac. Accordingly, having vehicles positioned at the same height as the highway within the application site is not considered to be an alien addition to the street.

The raised area will be a maximum of 1.5m above the existing drive. However, this is at the same level as the highway and is no higher than the ground level of the nearest neighbouring gardens to the south and east of the site. Accordingly, it is not considered to prejudice the privacy or residential amenity of neighbours.

8.5 Outbuilding within garden

It is noted that the outbuilding sited to the rear of the raised parking area will be viewed from the street. However, it will be sited approximately 6 metres into

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the site, at a lower level than the highway and to the bottom of this cul-de-sac. Accordingly, it officers opinion that it will not dominate the street scene, or be considered prejudicial to the character of the conservation area. It is noted that the neighbours to the south of the site will have views of this outbuilding. However, the outbuilding is on lower ground than neighbours land and with the existing southern boundary wall being in existence it may only be the roof of the outbuilding that will be seen by neighbour’s garden. This is not considered to prejudice the visual amenities of neighbours.

The outbuilding will be at a lower level than neighbour’s gardens (approximately 1.5m) and is positioned between 0 – 2.4 metres from the southern boundary of the site. Having regard to the scale of the outbuilding, its lower level and existence of the southern boundary enclosure its relationship with neighbours along Bridge Road is not considered to be overbearing. In addition, due to its scale and northern orientation it is not considered to cast any undue shadow over neighbour’s properties. Conditions are necessary to ensure no windows are inserted into the side (south) elevation to protect the privacy of neighbours and its use to remain ancillary to the dwelling.

8.6 Works to the garden

The works within the garden of the site include the construction of a retaining wall along the middle of the site to create a two tiered garden along with a raised platform to the north of the proposed conservatory. This ground works and retaining wall will not be seen from the street scene or the adjacent public footpath. Accordingly it is not considered to prejudice the character of the area. The change in levels of the garden do not prejudice the residential amenity of neighbours.

8.7 Boundary enclosures

The boundary enclosure along the north and west of the site, adjacent to the public footpath has an outwardly face of timber close boarded fencing. Although quite high in places, it is considered that on balance, it does not prejudice the visual amenities of users of the footpath to a degree to warrant a refusal of planning permission. This enclosure does not impact on the amenities of neighbours.

The proposed wall/railing enclosure to the front of the site is considered to be an acceptable addition to the street scene. It is minor in scale and height and the railings will allow views into the site. On balance, this enclosure along the eastern boundary is acceptable and will not prejudice the character of the area.

8.8 Other works to dwelling

The proposed additional and replacement windows to the dwelling are considered acceptable in regards to their appearance. They are of a similar scale and appearance to the existing windows. The replacement of the garage doors with windows are also considered acceptable. The proposed replacement/additional windows do not impact on the privacy of neighbours any more than the existing windows would.

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8.9 Trees The application has been supplemented by a tree survey and plans. It would appear that a number of poor quality sycamore trees, along with a cherry tree will be removed from the southern boundary of the site. The Councils Tree Preservation Officer has no objection to this (subject to compensatory landscaping). In addition, it is noted that the Silver Birch Tree within the garden of No 3 Fordwell will require pruning to accommodate the proposal. The Councils Tree Preservation Officer has no objection to this, however, it is noted that this tree is not within land owned by the applicant. It is therefore a civil issue between the applicant and his neighbour to agree to such works. Condition 6 will seek to protect all proposed trees for retention on or adjacent to the site

8.10 All other issues

In regards to the comments made by neighbours and other parties which have not been considered above, the following should be noted: • The applicant has been made aware that any works that he carries out

to his property/land without first obtaining planning permission is entirely at his own risk. Guidance contained within TAN 9: Enforcing Planning Control, advises the Local Planning Authority to consider the acceptability of the works proposed. Enforcement action should not be used as a punishment for carrying out unauthorised works.

• Should the neighbours experience any nuisance during the construction of the proposal due to noise or dust, they should contact the Councils Pollution Control Department. In addition, complaints should be made to the Councils Pollution Control Department should neighbours experience nuisance cause by cars being parked on the proposed driveway.

• The River Taff Corridor Action Plan has been considered. It is not considered that this proposal will harm the qualities of the valley. The enclosure surrounding the public footpath is not considered to be incongruous or to prejudice the amenities of this part of the River Taff.

8.11 Planning permission is recommended subject to conditions.

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LOCAL MEMBER OBJECTION, PETITION COMMITTEE DATE: 12/09/2012 APPLICATION No. 11/2178/DCO APPLICATION DATE: 05/01/2012 ED: HEATH APP: TYPE: Full Planning Permission APPLICANT: Mr A Khan LOCATION: 100 TY WERN ROAD, RHIWBINA, CARDIFF, CF14 4SF PROPOSAL: CONVERSION OF FOUR BEDROOM HOUSE INTO TWO SELF CONTAINED FLATS WITH SINGLE AND FIRST FLOOR REAR EXTENSIONS AND LOFT CONVERSION WITH REAR DORMER ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to

the following conditions:

1. C01 Statutory Time Limit 2. No development shall take place until 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. The development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the local planning authority.

Reason: To ensure an orderly development of the site. 3. The 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 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.

4. No development shall take place until 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. 5. The approved refuse storage facilities shall be provided prior to the

beneficial occupation of the development and thereafter shall be retained at all times.

Reason: To protect the amenities of the area. 6. C4R Landscaping Implementation

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7. C4P Landscaping Design & Implementation Pro 8. C3S Cycle Parking 9. The consent relates to the application as amended by the revised plans

numbered 101 Rev 1, 102 Rev 4, 103 Rev 5, 104 Rev 5 received on 16

th June, 2012 attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 10. E1B Samples of Materials 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 applicant is requested to secure the consent of

the Operational Manager, Street Operations prior to undertaking any work in the public highway.

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) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils,




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

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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: 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 applicants ownership.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Planning permission is sought to extend the semi detached dwelling at 100 Ty

Wern Road, Heath and convert the premises into two self contained flats, each having two bedrooms. The application originally proposed three flats but the scheme has been amended to improve the relationship with the neighbouring occupiers and to provide additional amenity space.

1.2 The dwelling currently benefits from a flat roof, single storey rear extension

approximately 4.3 metres in length, sited adjacent to the boundary with the attached semi at 98 Ty Wern Road.

1.3 The application, as initially submitted, proposed a 8.4 metres long, single

storey rear extension, adjoining both the side garden of 98 Ty Wern Road and the northern (side boundary) of 2 Fairfax Road to the south.

1.4 However, following discussions with the Agent, the proposed extension has

been reduced in length in order to limit its visual impact on the neighbouring occupiers and to retain a larger private amenity area. The extension is shown to have both flat roof and hipped roof elements. The flat roof, sited adjacent to the boundary with 98 Ty Wern Road, rises to a height of 2.4 metres whereas the hipped roof rises to approximately 2.3 metres at eaves level and 3.2 metres to the ridge.

1.5 A first floor hipped roof extension is also proposed at the rear, projecting

approximately 2.0 metres beyond the main rear elevation of the property. This element has also been significantly reduced in scale following discussions with Applicant/Agent and was initially shown to be 3.7 metres in length. The structure will be sited approximately 2.0 metres off the boundary with the attached semi at no. 98 and will replace an existing smaller first floor extension.

1.6 The main roof of the property is shown to be extended from a hip to a gable

with a flat roof dormer extension, approximately 1.9 metres in width introduced on the rear roof slope.

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1.7 Proposed materials are to comprise painted white render with brown roof tiles. The ‘cheeks’ of the dormer are to be clad with vertical tiles.

1.8 Provision is shown within the layout for the storage of refuse containers

together with a private amenity space for both flats. Part of this area is currently enclosed by wooden fence panels.

1.9 To the side of the building, three off street parking spaces are to be provided

accessed from Fairfax Road. 1.10 The front of the plot is shown to be retained as an area of soft landscaping. 2. DESCRIPTION OF SITE 2.1 The application site comprises a hipped roof semi detached, 4 bedroom

dwelling located at the junction of Ty Wern Road and Fairfax Road, some 60.0 metres west of Caerphilly Road.

2.2 A similar pair of semi detached houses occupies a site on the opposite side of

Fairfax Road, to the east. 2.3 This part of Ty Wern Road is characterised by pairs of semi detached two

storey properties although there is some variety on the south side of the road, with a pair of semi detached bungalows nearby at nos. 94/95 Ty Wern Road.

2.4 Fairfax Road is a cul-de-sac comprising two short terraced, several pairs of

semi detached houses and a single detached house. 2.5 A small two storey detached dwelling has recently been constructed on land

to the side of 98 Ty Wern Road. No. 98 has itself been recently renovated with a hip to gable roof extension and an upgraded single storey extension at the rear, which is approximately 2.5 metres in length.

2.6 The curtilage of the application site is unenclosed along the Ty Wern Road

and Fairfax Road boundaries, save for a relatively small area at the rear of the plot which is enclosed by wooden fencing.

2.7 The rear site boundary with 2 Fairfax Road is partly enclosed with sold

fencing approximately 2.0 metres in height and partly by a brick wall which appears to be the remains of a garage structure that previously occupied the site.

2.8 The side elevation of 2 Fairfax Road contains a small obscurely glazed

window at first floor level and a further window at ground level, screened by the boundary wall.

3. SITE HISTORY 3.1 03/291N : Demolition of 98 and 100 Ty Wern Road (St Fabians and Ael y

Bryn) and construction of three 2½ storey town houses; refused November,

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2003. 4. POLICY FRAMEWORK 4.1 Policy 11 (Design and Aesthetic Quality) and Policy 17 (Parking and Servicing

Facilities) and Policy 28 (Subdivision of residential property) of the adopted City of Cardiff Local Plan are considered to be relevant.

4.2 Policies 2.20 (Good Design), 2.24 (Residential Amenity) and 2.57 (Access,

Circulation and Parking Requirements) of the Deposit Cardiff Unitary Development Plan (October 2003).

4.3 Supplementary Planning Guidance : Householder Design Guide Supplementary Planning Guidance : Access, Circulation and Parking Supplementary Planning Guidance : Waste and Collection and Storage

Facilities Supplementary Planning Guidance : Design Guidance for Infill Sites 4.4 Relevant National Policy Guidance is contained in Planning Policy Wales

(2011) and TAN 12 : Design. 5. INTERNAL CONSULTEE RESPONSES 5.1 The Operational Manager, Drainage, advises that consideration should be

given to utilising permeable paving to any new external surfacing such as the car parking area as well as other forms of SUDS, if practical, to reduce discharges of surface water to sewers.

In the light of the above and in order to ensure an orderly development, the

Officer requests that the following condition be added to any planning consent granted:

'' No development shall take place until proposals showing how foul and

surface water flows from the site will be dealt with have been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water. "

He also requests that details of this application should be forwarded to Dwr

Cymru Welsh Water Network Development Consultants for comment. 5.2 The Operational Manager, Transportation advises that the proposals are

acceptable on highway grounds subject to the provision and retention of street parking as proposed together with secure cycle parking provision at the ratio of one cycle per bedroom. Mindful of the concerns expressed by local residents, the Officer clarifies that the Council’s approved SPG states that for a one bedroom flat, 0.5-1 car parking space will be required and that for a 2 bedroom flat, 0.5-2 spaces should be provided. He states that bearing in mind the guidelines work on maximum car parking standards, 3 no. off street car parking spaces will be acceptable to serve the proposed development and that the application is considered to comply with the Council’s approved policy

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guidance. 5.3 Following receipt of additional representation from local residents expressing

highway/traffic concerns, the Operational Manager, Transportation has reiterated his previous advice that the scheme is acceptable, commenting as follows:

The proposal seeks to convert an existing 4 bedroom dwelling with associated

off street car parking into 2 no 2 bedroom flats. The existing use already benefits from 2/3 off street car parking spaces accessed via Fairfax Road. The planning application as initially submitted, was for 3 no flats (2no 1bed flats and 1no 2 bed flat). The amended plans have reduced the number of flats from 3 to 2, (2 no 2 bed flats), with the car parking layout revised to suit amenity space requirements (whilst still retaining 3 off street car parking spaces). The Council’s SPG states that for a development such as this, a parking requirement of 0.5 (min) – 2 (max) spaces per flat should be provided. It is considered that the 3 off street car parking spaces shown on the amended plan (plan no 102 R4) are acceptable and should be provided at a ratio of 1 space per flat with the 3rd space being retained for use by visitors. The spaces should be marked to ensure an orderly form of development.

Having regard for the above it is anticipated that there will not be a significant

material change in the parking demand at this site, as the proposal is policy compliant.

The photographs submitted by a local resident show various traffic conditions

on Ty-Wern Road (on and near to the junction with Fairfax Road). These traffic conditions are existing, and appear to have been taken around the morning or evening peak period where traffic volumes are expected to be at their highest. As previously mentioned, there are no grounds to suggest that the proposed use (2 no 2 bed flats) will exacerbate already existing local traffic conditions, and that the photographs showing queuing traffic and obstruction on Ty Wern Road will not intensify as a result of this development.

5.4 The Operational Manager Waste Management advises that refuse storage

details are acceptable, stating that the areas must be retained for this purpose for future uses.

5.5 The Operational Manager, Environment (Pollution Control) requests

informatives R4 Contamination and Unstable Land Advisory Notice. The Officer has no comment to make in respect of noise/air pollution

6. EXTERNAL CONSULTEES RESPONSES 6.1 Welsh Water/Dwr Cymru request drainage conditions to ensure no

detrimental to residents, the environment and the Company’s assets. 7. REPRESENTATIONS 7.1 Councillor F Bowden objected to the application, as initially submitted, for the

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following reasons: 1. This is a huge over-development of the site. The side and rear elevations

are very bulky and out of keeping with the local area and out of balance with the neighbouring property.

2. I believe that this proposal would intrude on the privacy of neighbours to

the rear of the property and have a detrimental effect on number 98 Ty Wern Road.

3. This development, while making car parking provision, is located on a

very difficult corner and close to the junction with Caerphilly Road where there are already problems with finding car parking provision for cars in Ty Wern Road and Fairfax Road. I think it reasonable to expect that there will be more than three cars at the property. I also note that there will be very little garden remaining at the rear of the property once the car parking spaces and the bins have been accommodated and I think this is unacceptable.

4. I consider the living/dining/kitchen spaces in each proposed flat to be

inadequate. 5. The noise element arising from three flats would be a major factor for the

residents at number 98 Ty Wern Road. 7.2 Councillor Cowan requested that the application be determined by Planning

Committee, rather than under delegated power. The Councillor cites the following reason:

‘out of keeping, unneighbourly development, insufficient off road parking, the

development would put pressure on an already exceptionally busy road, precedent for future developments’.

The Councillor points out that although the application is in Heath Ward, the

north side of Ty Wern Road falls within Rhiwbina and that she is representing residents with concerns.

7.3 In respect of the amended plans, Councillor Bowden remains of the view that

this is an over-development of the site, in spite of the reduction in the number of flats to be developed. She considers the side and rear elevations would be very bulky and out of keeping with the local area and out of balance with the neighbouring property.

The Councillor also believes that the proposal would intrude on the privacy of

neighbours to the rear of the property and have a detrimental effect on number 98 Ty Wern Road.

7.4 Following consultation in respect of the amended plans, Councillor Cowan

and Councillor Sanders advise that they have received representations from Rhiwbina and Heath residents regarding this application and wish to offer the

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following comments:

(i) We are concerned about additional traffic generation at this exceptionally busy location.

(ii) Any additional parking on the corner could be dangerous. (iii) Two bedrooms are proposed in each unit, and this could bring a number

of additional number of vehicles which would put more pressure on at this point.

(iv) If planning permission was given, this would set a really dangerous precedent for other family homes to be developed into flats which would be out of keeping. The only flats on this road are purpose built, with car parks attached.

7.5 A sixty-six signature petition was received in respect of the application as

initially submitted for consideration, principally from residents in Fairfax Road and Ty Wern Road. The grounds of objection are stated as follows:

‘If the development went ahead, it would be an overdevelopment of the

property/site to include problems of parking which are already strained, over occupancy of three flats, not one dwelling, and early morning and late night noise’.

7.6 Following consultation on the amended plans, a further 85 signature petition

of objection has been received. Some 50 of the 85 signatories are from Ty Wern Road and Fairfax Road with the remainder from further afield.

The grounds of objection are stated as follows: If the development gains planning consent it would set a precedent for future

conversions and also cause additional congestion to an already exacerbated parking problem on a main link road causing traffic problems in the neighbouring area, impacting on the local community and passing traffic. The surrounding neighbourhood is predominantly families.

7.7 The occupier of 2 Fairfax Road objected to the application, as initially

submitted, for the following reasons: (i) that rear wall of the proposed extension would include his side boundary

wall. The laying of the foundations for this wall and any guttering would affect the foundations of his property.

(ii) Housing in the area, built in the 1930’s, is prone to subsidence due to the

poor nature of the under soil. Consequently, the proposed works could affect the foundations of his property and those of his neighbours.

(iii) The design of the proposal is not in keeping with the character of the

neighbourhood. (iv) The proposed dormer and rear extensions would invade his privacy.

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(v) There are on going problems with the drains in this area, occasionally overflowing. This proposal would only increase this problem.

(vi) The proposed car parking spaces would be difficult to use because of the

cars or vans that regularly park opposite. There has been a large increase in the volume of traffic in this area due to service and delivery vehicles to a local business resulting in parking on Ty Wern Road and in Fairfax Road, especially at peak times. The proposal would increase this problem, making it more hazardous to exist Fairfax Road.

(vii) The occupier also states that the existing dwelling has three bedrooms

(not four as indicated) and that the property is currently vacant. 7.8 The occupier of 21 Fairfax Road objected to the application, as initially

submitted, stating that three flats would be an overdevelopment, suggesting that two flats would be acceptable. The occupier also objected on parking grounds, stating that existing residents have difficulty accessing and parking within Fairfax Road being a narrow street allowing parking only on one side.

7.9 The occupier of 101 Ty Wern Road objected to the application, as initially

submitted, on the following grounds: (i) Parking. It is considered that the proposal does not provide adequate on

site parking for three flats, with consequent impact on surrounding houses and neighbours. The occupier has provided photographs to show examples of parking congestion in the vicinity of the application site.

(ii) Potential noise from the occupiers of the flats. 7.10 The occupiers of 98 Ty Wern Road objected to the application, as initially

submitted, for the following reasons (summary): (i) Drainage : Poor Functioning drainage in sewers, regular unblocking

needed. (ii) Parking: Restricted access to driveways. Strained parking in local area. (iii) Noise from three sets of occupants, reverberating noise though party wall. (iv) Concerns about subsidence. A soil report for 98 Ty Wern road shows clay

substrate is not achievable until around 4 meters in depth. The type of foundation is queried and whether it would cause subsidence to their property and 2 Fairfax Road

(v) The dormer/rear extension is considered to be overpowering and the dormer will overlook gardens. There will be no rear maintenance access to windows/guttering.

7.11 Neighbouring occupiers have been notified of the amended plans. The

following additional representations have been received. 7.12 The occupiers of 101 Ty Wern Road, consider that three off street parking

spaces would be inadequate for the proposed development and that the scheme would cause additional parking along Ty Wern Road, making the passing of vehicles dangerous and access for emergency/service vehicles

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difficult (annotated photographs of the road have been provided with a view to demonstrating existing congestion/traffic concerns in the vicinity of the site).

The occupiers also consider that the conversion of the dwelling into flats

would set an unacceptable precedent and that unacceptable noise/anti social behaviour could result. Whilst they are not opposed to the development of flats per se, they are opposed to the conversion of family dwellings within a community environment into investment opportunities with no consideration to ‘village’ or family.

7.13 The occupier of 2 Fairfax Road continues to object to the application for

similar reasons to those outlined in paragraph 7.7. The occupier is also concerned with the inconvenience and disruption that will be caused by access to the site, the building work and the character of any tenants.

7.14 The occupiers of 98 Ty Wern Road advise that their initial objections still

stand. In summary, their main points of concerns are as follows:

(i) The amended plan would not result in a reduction in the number of occupants

(ii) There are very few house conversions into flats in the Rhiwbina village area

(iii) The proposed flats would be small in size (iv) There are no dormer conversions to houses within the local area.

Rooflights would be less intrusive (v) Drainage : Foul waste system has been put under investigation by Welsh

Water. The proposal will increase the strain on drainage infrastructure. (vi) Parking : There is restricted access to driveways within Fairfax Road of

under 3.7metres/strained parking in local area. (v) Noise : 2 sets of occupants, 2 kitchens placed on party wall, reverberating

noise (vi) Soil (Foundations) : Ground level and properties have subsided (see

structural survey for 98 Ty Wern Road). Soil report shows clay substrate is not achievable until around 4 metres in depth. Ground make up of glass, bricks and soft soil any extension would need piling foundations.

(ix) There has been no approach from the owner of the property regarding the serving of a party wall notice.

(x) There is concern that the works could cause extreme damage to their property with further subsidence, structural faults, water drainage etc.

8. ANALYSIS 8.1 This planning application was deferred on 1st August, 2012, for a Committee

site visit which took place on 5th September, 2012. 8.2 The application proposes the conversion and extension of the semi detached

dwelling at 100 Ty Wern Road to provide two flats. 8.3 The site is within an existing housing area as defined in the adopted City of

Cardiff Local Plan. Policy 28 of the Local Plan states that the applications for

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the subdivision of residential properties into self contained flats will be favourably considered subject to appropriate provision for car parking, amenity space, refuse disposal and appropriate external alterations. In principle, therefore, there is no objection to the proposed use in this area.

8.4 The main planning issues are considered to relate to: (i) the effect of the proposed development on the character and appearance

of the street scene and the general amenities of neighbouring occupiers; (ii) whether the proposed development will provide an acceptable living

environmental for future occupiers; (iii) parking/highway issues. 8.5 The proposed first floor extension (as amended) is modest in length at 2.0

metres and subservient in height to the main building. 8.6 Having regard to the siting and size of the proposed dormer roof extension

(1.9 metres in width), it is not considered that this element would be unduly prominent. In line with advice contained in the Householder Design Guide SPG, the dormer is set below the original roof ridge, a significant distance from the edge of the roof and set back from the external wall. The proposed hip to gable extension of the main roof will restore symmetry to the pair of semis having regard to the existing hip to gable extension at no. 98.

8.7 Visually, the proposal, as amended, will read as a conventional extension to a

single dwelling house and it is considered that there would be no harm to the character and appearance of the street scene.

8.8 In relation to the effect of the development on the amenities of neighbouring

occupiers, the Council’s Householder Design Guide advises that two storey extensions should not be positioned very close to the boundary adjacent to the garden of a neighbour’s property. In this case, the proposed two storey rear extension, projecting some 2.0 metres beyond the rear elevation of the existing dwelling, will be sited approximately 2.0 metres from the boundary with the attached semi and approximately 7.0 metres from the side boundary of 2 Fairfax Road. It contains no windows in the side or rear elevation facing these properties.

8.9 Having regard to this relationship, it is not considered that this structure will

impact unduly on the amenities of the adjoining neighbours. 8.10 The window in the proposed dormer roof extension will face towards the

boundary with 2 Fairfax Road from a distance of approximately 9.0 metres. It is not considered that this relationship would impact unacceptably on the privacy of the occupiers of this property, which contains no clear glazed habitable room windows in its side elevation.

8.11 Proposed windows in the side (east) elevation of the extension will face

towards the rear garden of 102 Ty Wern Road, across the street, from a distance of approximately 14.0 metres. Such a relationship is also considered

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to be acceptable on privacy grounds. 8.12 As initially submitted, the proposed single storey extension was shown to

extend the full length of the rear garden, adjacent to the boundary with the attached semi at 98 Ty Wern Road. Although single storey in scale with hipped roof sloping away from the boundary, it was considered that an extension of this length would be unduly overbearing in its effect on the neighbouring occupiers and would also allow for little private amenity space for the future occupiers of the flat.

8.13 In the light of this concern, the plans have been amended by reducing the

length of the extension and setting its rear section away from the boundaries with both No. 98 and 2 Fairfax Road, thereby providing increased external amenity space and acceptable relationship with the adjoining occupiers.

8.14 As amended, the proposal for the two extended flats is considered to provide

adequate internal space and satisfactory external amenity areas for purposes of clothes drying, siting out, refuse storage etc., commensurate with the size of the flats.

8.15 The Operational Manager, Transportation has advises that the proposal

(which provides three off street parking spaces for two flats), is satisfactory in terms of parking provision/highway safety and accords with the Council’s approved guidelines.

8.16 Issues relating to the construction of the extension including the need for

sound proofing will be addressed as part of building regulations application. An appropriate drainage condition is recommended on the advice of the Operational Manager, Drainage Control and Welsh Water/Dwr Cymru. Issues relating to the Party Wall Act are not material to the determination of the planning application.

8.17 The proposals, as amended, are considered acceptable on planning grounds

and approval is recommended subject to the attached conditions.

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LOCAL MEMBER OBJECTION, PETITIONS COMMITTEE DATE:12/09/2012 APPLICATION No. 11/2190/DCO APPLICATION DATE: 03/01/2012 ED: CANTON APP: TYPE: Full Planning Permission APPLICANT: Taff Housing Association LOCATION: FORMER MALTINGS PUBLIC HOUSE, COWBRIDGE ROAD EAST, CANTON, CARDIFF, CF5 1GZ PROPOSAL: CONSTRUCTION OF 26 NO. DWELLINGS, DEMOLITION OF EXISTING PUBLIC HOUSE 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 8.23, 8.26 and 8.27 the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit 2. Details of the means of site enclosure shall be submitted to and approved

by the Local Planning Authority prior to their erection on site. 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. 3. E1B Samples of Materials 4. C4P Landscaping Design & Implementation Pro 5. C4R Landscaping Implementation 6. The consent relates to the application as amended by the revised plans

numbered 020G, 021D, 022C, 023E, 024D, 025C, 026C, 027F, 028D, 029B, 033C, 035B and Survey Dwg 2321 attached to and forming part of this application.

Reason: The plans amend and form part of the application. 7. This consent relates to the application as supplemented by the

information contained in letters and email communications from the agent dated 22 May, 2012, 23rd May, 2012, 1st June, 2012 and 21st June, 2012.

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Reason: The information provided forms part of the application. 8. The 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 for that purpose. Four parking spaces shall be specifically allocated to the dwellings hereby approved.


9. The cycle parking spaces hereby approved shall be provided before the

development is brought into beneficial use and thereafter shall be retained at all times and shall not be used for any other purpose.

Reason: To ensure that adequate provision is made for the secure parking of cycles.

10. Details of the footway crossover at the existing access point on Radnor

Road, including resurfacing/replacement of paving of the existing footway along the perimeter of the site (as required) shall be submitted to and approved in writing by the local planning authority prior to its alteration. The footway works shall be implemented in accordance with the approved details prior to the development being brought into beneficial use.

Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of all users passing along the highway abutting the site.

11. Prior to commencement of each phase of development, a scheme of

construction management shall be submitted to and approved by the local planning authority to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction of the relevant phase shall be managed in accordance with the scheme so approved unless otherwise agreed in writing by the local planning authority.

Reason: In the interests of highway safety and public amenity. 12. 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 any dwelling or alteration to any roof.

Reason: To ensure the orderly development of the area with adequate space about buildings and in the interests of the visual amenity of the area.


(General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the side (east) elevation of the dwelling adjoining the boundary with Radnor Court or in the rear roof planes of the dwellings hereby approved.

Reason: To ensure that the privacy of adjoining occupiers is protected and to ensure that the development does not prejudice the future

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development of adjoining land. 14. The corridor windows above ground floor level in the in the side (east)

elevation of that apartment block facing Radnor Court shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter shall be so retained.

Reason: To ensure that the privacy of adjoining occupiers is protected. 15. The northern site boundary wall adjoining 2 Radnor Road and 17

Anglesey Street shall be retained at its existing height (as shown on drawing ref. 020G).

Reason: To ensure that the privacy of the adjoining residential occupiers are protected.

16. The dwelling units 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.

17. Construction of any dwelling unit 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.


18. Prior to occupation of the individual dwelling units 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).


19. Prior to the commencement of development 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 local 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. 20. D7Z Contaminated materials

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21. E7Z Imported Aggregates 22. During demolition work, dust control measures shall be implemented on

site, in accordance with a scheme to be submitted to and approved by the local planning authority prior to any demolition.

Reason: To protect the amenities of residential occupiers adjacent to the site.

23. No part of the demolition hereby permitted shall be commenced until

details of the temporary means of site enclosure have been submitted to and approved by the local planning authority. The temporary means of site enclosure shall be constructed in accordance with the approved details prior to the commencement of demolition works and thereafter the enclosures shall be maintained for the duration of the construction works.

Reason: To ensure the safety of the occupiers of nearby residential properties is protected.

24. Within one month of the demolition of the building, the site shall be

cleared of building debris. Reason: To protect the visual amenities of the surrounding area. 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.






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developer. Proposals for areas of possible land instability should take due account of the




RECOMMENDATION 4: The applicant is advised to liaise with the

Operational Manager, Highway Operations in order to obtain the necessary licence to implement the footway improvement works on Radnor Road.

RECOMMENDATION 5: That the applicant be advised as follows: It is

recommended that public transport options are provided to tenants upon residency as a welcome pack, as this can set in train sustainable transport behaviours. Leaflets are available from the Council for the bus and cycle routes in the area as well as guidance on the kind of information to provide in the pack which would promote sustainable transport behaviours. Liaison with the Council’s Travel Plan Officer, can be sought to help achieve this.

RECOMMENDATION 6: The developer is advised that any future resident of

the new flats will not be eligible to apply for a residents parking permit on any street, on the basis that off road parking is provided within the curtilage of the site (in accordance with the Council’s adopted Supplementary Planning Guidance : Access, Circulation and Parking Standards) and that the development is deemed to be acceptable on this basis, mindful of its accessible location and the level of car parking being provided.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Full planning permission is sought for the demolition of the vacant Maltings

Public House located at the corner of Cowbridge Road East and Radnor Road, Canton and the re-development of the site to provide 26 dwelling units comprising 22 no. flats (7 no. 1 bedroom flats and 15 no. 2 bedroom flats) and 4 no. houses (1 no. four bedroom dwelling and 3 no. three bedroom dwellings). The planning application, as initially submitted, included two additional flats, however, the scheme has been revised with a view to addressing certain concerns outlined in section 8 (analysis) of this report.

1.2 Details of the proposed site layout and design of the development are shown

on the attached plans. 1.3 The flats, which are located towards the front of the site, are up to four storeys

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in scale with a maximum ridge height of approximately 12.6 metres. This compares to a maximum height of approximately 14.7 metres for the scheme as initially submitted for approval. Elements of the apartment block have also been reduced to three storeys in height.

1.4 The four dwellings, comprising two pairs of semi-detached houses, were

originally shown to face onto Radnor Road, set back from the footway to accommodate a face enclosure with off street parking. In the revised layout, the row of four dwellings has effectively been rotated through 900 so that the houses back onto the rear (northern) boundary of the site from a distance of approximately 9.0 metres and face towards the proposed apartment block, with the exception of unit adjacent to Radnor Road which has been designed with its principle (front elevation) facing towards the highway.

1.5 The dwellings are shown to be constructed to two storeys in height (9.0

metres to the ridge) with the proposed four bedroom unit also having accommodation in the roof space.

1.6 The proposed apartment block and dwellings are separated by a parking

courtyard and amenity space, incorporating clothes drying area, bin store and a cycle store. The parking courtyard is accessed from Radnor Road and provides 14 off street parking spaces. This represents an increase of 4 no. on site spaces when compared to the original layout. The reorientation of the dwellings permits the retention of 4 no. on street parking spaces on Radnor Road.

1.7 The Agents state that this part of Cowbridge Road East is of varied character

in terms of design, massing and scale, and that the proposed development has been carefully considered in the context of the surrounding area, with two storey houses proposed adjacent to the neighbouring terrace in Radnor Road and development of up to four storeys located towards the site frontage, reflecting the general pattern of taller structures along Cowbridge Road East.

1.8 The proposed palette of materials comprises a mix of red brickwork and off

white render with buff multi brickwork detailing. The contemporary feature of coloured cladding panels has been removed as the amended plans and replaced with a larger amount of red brickwork, considered to be more in keeping with the existing character of the area. External boundary enclosures along Cowbridge Road East and Radnor Road are shown to comprise 600mm high brick walls with 900mm railings above in between brick piers. The existing high boundary walls adjacent to the neighbouring office development at Radnor Court and the housing to the north, are to be retained.

1.9 A landscape scheme has been submitted which indicates tree/shrub planting

turfed area and a variety of hard surfaced treatments. 1.10 The Agents advise that Secured by Design accreditation is being sought for

the scheme. 1.11 A Pre-Assessment report has been submitted with the application to illustrate

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how Level 3+ under the Code for Sustainable Homes, (including a mandatory 1 Credit requirement for Enc1 – Energy and Carbon Dioxide Emissions) could be achieved.

1.12 The Agent has also submitted a Consultation Report detailing a public

exhibition event held on 17th May, 2012, at the applicant’s offices on Cowbridge Road East. The report notes that the issues which provoked most interest and debate were related to perceived car parking problems, scale, overpopulation and various general concerns about social housing and the occupants of such developments. The report provides brief analysis and interpretation of the responses received, concluding that the points raised have been reasonably addressed in the proposed development (as amended) or are not relevant to the consideration of the planning application.

1.13 In addition, the Agents have submitted a Transport Statement (TS) in support

of the application which seeks to detail the transport characteristics of the proposed development and its potential impact on the surrounding transport network. The TS also reviews parking demand within the surrounding streets.

1.14 In summary, parking beat surveys were undertaken in January, 2012, along

roads within 200 metres radius of the site. The results of the survey indicate that within the study area as a whole there was:

• 14% spare capacity (80 spaces) on a Saturday • 26% spare capacity (148 spaces) on a weekday am, and • 18% space capacity (102 spaces) on a weekday pm Notwithstanding this analysis, the report indicates that parking along some of the roads within the study area reached capacity.

1.15 The report advises that the site is well served by public transport, with a number of regular scheduled bus services along Cowbridge Road East and is within close proximity to local amenities.

1.16 The TS refers to parking surveys of six existing Taff HA development at

locations in Canton and Grangetown, undertaken in March, 2012. The surveys indicate that the average maximum car ownership level equates to 49% (i.e. approximately half of the properties do not own a car or have access to a car).

1.17 The TS also provides an estimate of vehicle trip generation rates from the

TRICS trip generation database. Based on a maximum of 26 dwelling units, it states that the development could generate up to 12 vehicles (two way) in the am peak and up to 14 vehicles (two way) in the pm peak. It considers that the volumes of traffic generated would be likely to have a negligible impact on the surrounding highway network. The Report concludes that the proposed parking provision (14 spaces) is in accordance with relevant local planning authority standards and sufficient to accommodate the likely parking demand generated by the proposal.

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2. DESCRIPTION OF SITE

2.1 The application site, which measures approximately 0.16 hectares, is located on Cowbridge Road East, next to its junction with Radnor Road. Immediately to the east, the site adjoins Radnor Court which it a two storey complex of office buildings. To the north, the site adjoins the side boundary of 2 Radnor Road and the rear boundary of 17 Anglesey Street. To the south of the site, on the opposite side of Cowbridge Road East, lies the Job Centre Plus building. To the west of Radnor Road, the site faces the side of 258 Cowbridge Road East together with a number of other residential properties.

2.2 The application site is broadly rectangular in plan and is currently occupied

by the vacant Maltings public house. The red brick building is two storeys in scale with a single storey projection at the rear. It sits towards the front of the site with approximately two thirds of the land taken up by car parking, accessed from Radnor Road. The front of the building is set back from the pavement with this area having formerly accommodated a beer garden.

2.3 The site is enclosed to the north and east by a mix of high red brick and stone

walls. The southern boundary and the southernmost part of the western boundary are enclosed by dwarf walls with railings with the remaining part of the western boundary also enclosed by red brick walls with a gap providing vehicular access to the site.

2.4 There is a pedestrian crossing facility at the front of the site on Cowbridge

Road East. The western side of the site, adjacent to Radnor Road provides non-permit on-street parking with the exception of the parking restriction indicated by double yellow lines, approximately 20.0 metres in length, near the junction with Cowbridge Road East.

2.5 The vacant nature of the building has resulted in the windows being boarded

up and it is also evident that the site has become the subject of fly tipping. 2.6 The site is located at the western end of the Cowbridge Road East district

centre which has a mix of shops, offices, housing and other uses. Away from this road, the area is predominantly residential in use.

2.7 In the vicinity of the site, the built environment displays considerable variety,

particularly along Cowbridge Road East with mix of traditional and more modern developments. Building heights in the area generally vary from two to three storeys. The recently completed Taff HA development at the former Victoria Park Clinic to the east of Radnor Court, includes a four storey apartment block fronting Cowbridge Road East. 258 Cowbridge Road East, on the opposite side of Radnor Road is three storeys in scale, estimated by the Agents to be approximately 10.8 metres in height.

3. SITE HISTORY

3.1 10/1926/DCO : Demolition of existing public house and construction of 22 flats

and associated works. The application was approved at Planning Committee

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on 13th April, 2011, subject to the conclusion of a planning obligation under S106 of the Town and Country Planning Act 1990. The legal agreement has not been completed and therefore the planning permission has yet to be issued.

4. POLICY FRAMEWORK

4.1 Relevant policies of the adopted City of Cardiff Local Plan (1996) include: Policy 11 (Design and Aesthetic Quality) Policy 12 (Energy Efficient Design) Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for Cyclists) Policy 19 (Provision for Pedestrians) Policy 31 (Residential Open Space Requirement) Policy 49 (District and Local Centres) 4.2 Relevant policies of the Deposit Cardiff Unitary Development Plan (October

2003) include: 1B (Achieving Good Design) 2.20 (Good Design) 2.21 (Change of Use or Redevelopment to Residential use) 2.24 (Residential Amenity) 2.26 (Provision for Open Space, Recreation and Leisure) 2.36 (District and Local Centres) 2.57 (Access, Circulation and Parking Requirements) 4.3 Supplementary Planning Guidance : Access, Circulation and Parking (Jan,

2010) Supplementary Planning Guidance : Cardiff Residential Design Guide (March

2008) Supplementary Planning Guidance :Design Guidance for Infill Sites (2011) Supplementary Planning Guidance : Waste Collection and Storage Facilities

(March 2007) Supplementary Planning Guidance : Schools and Development (March 2007) Supplementary Planning Guidance : Development and Community

Contributions (Jan 2010) Supplementary Planning Guidance : Open Space (2008) Supplementary Planning Guidance : Affordable Housing (March 2007) Interim Planning Policy : Affordable Housing Delivery Statement (October,

2012). 4.6 Relevant National Planning Policy Advice is contained in Planning Policy

Wales Edition 4, February 2011, TAN 12: Design (2001), TAN 22 : Planning for Sustainable Buildings.

5. INTERNAL CONSULTEE RESPONSES 5.1 The representations of the Operational Manager, Transportation have been

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included in the Analysis Section of this report (refer to paragraph 8.23). 5.2 The Operational Manager, Waste Management advises that the bin storage

area shown for the proposed flats is acceptable. The Officer provides guidance on the required refuse storage provision for the apartments. A copy of the Officer’s representations has been forwarded to the Agents for their information.

5.3 The Operational Manager, Drainage Management has raised no objections to

the application on drainage grounds. However, in order to ensure an orderly development he requests that the following condition be added to any planning consent granted:

'No development shall take place until a site assessment, including ground

permeability testing as appropriate, 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 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 in consultation with Dwr Cymru Welsh Water . '

He also requests that details of the application be forwarded to Dwr Cymru

Welsh Water Network Development Consultants for comments. 5.4 The Operational Manager, Parks and Sports advises that as no public open

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 of existing open space in the locality. Based the details submitted with the application. The Officer has calculated the contribution to be £42,182 and will need to be secured via a Section 106 Agreement.

5.5 The Housing Strategy (Enabling) Officer comments as follows: The site will be developed by Taff Housing Association solely for affordable

housing. Housing Strategy fully supports the development of this site for affordable housing and has been working closely with Taff Housing Association to ensure the delivery of the units.

The development will comprise of 26 units of new affordable accommodation

for single people, couples and small families, all of which are in high demand in this area of Cardiff.

The Local Housing Market Assessment (LHMA), which was completed in

2007 and will be updated shortly, examined the levels of current and newly arising need and the estimated future supply to meet this need. The findings indicated an annual requirement of 2,173 additional affordable units per year for the next five years. In addition, waiting lists for affordable accommodation are increasing and there are extremely high levels of housing need. In this area of the City, data available from the Council’s housing waiting list

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(November 2011) indicates there are 6,896 households waiting for a property in Canton with only 3 properties becoming available within the last 12 months. Canton has been an area where there has been limited opportunity in recent years to deliver new affordable housing.

The Council’s Supplementary Planning Guidance on Affordable Housing

(March 2007) Paragraph 4.2 states that “………for larger developments in particular, the affordable housing should be located throughout the site in clusters’. In addition, the Affordable Housing Delivery Statement (October 2010) states that the Council ‘seeks to support the development of mixed and inclusive communities…[and]will expect that the affordable housing should be located throughout the site and not concentrated in one part of the development”. These policies are in place to ensure that on much larger sites in Cardiff, a return to the ‘segregation’’ of affordable housing of previous generations is not promoted.

. Taff Housing Association are undertaking a number of developments in the

local area. Arguably, the mixed development of 23 units (flats and houses) at the former Victoria Clinic site and the development subject of the current planning application do not together constitute a large development. Both sites are in ideal locations for affordable housing and much of the surrounding streets is in private ownership and used for private rented accommodation. An increase in much needed affordable housing provision may indeed have a balancing effect on the local community, rather than an unbalancing one.

5.7 The Operational Manager, Environment (Pollution Control) has requested

conditions D7Z (Imported Materials), E7Z (Imported Aggregates) together with informatives R4 Contamination and Unstable Land Advisory Notice.

5.9 The advice of the Operational Manager, Regeneration (Neighbourhood

Planning) has been incorporated into the Analysis Section of the report. 5.8 The Chief Officer Education advises that given the number of units and type

of accommodation proposed, there are no comments to make on the application.

6. EXTERNAL CONSULTEES RESPONSES 6.1 Dwr Cymru/Welsh Water has recommended drainage conditions to ensure no

detriment to the environment, residents or the Company’s assets. 6.2 South Wales Police Architectural Liaison Officer advises that the application

as amended, and supported by points of clarification from the Architects, addresses his initial queries regarding the scheme. The Officer confirms that a ‘Secured by Design’ application has been received and can see no reason why such a standard will not be achieved. In conclusion, the Officer states that South Wales Police have no objection to the development and welcome the fact that it will be built to Secured by Design standard which will significantly reduce the risks of crime for residents.

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6.3 Cardiff Bus has been notified of the application. No representations have been received.

7. REPRESENTATIONS 7.1 Councillors C Furlong, R Patel and R Cook objected to this planning

application (as initially submitted for consideration) for the following reasons:

(1) The mass and height of the four storey block on the corner of Radnor Road and Cowbridge Road East dominates the corner and is overbearing. From the elevations supplied it seems to be higher than the houses on the opposite corner of Radnor Road and results in an un-neighbourly and overbearing form of development which contravenes Policy 2.24 (Residential Amenity) of the Deposit Cardiff Unitary Development Plan (October 2003). Residents are particularly concerned about privacy and lack of sunlight.

(2) The Council Supplementary Planning Guidance on Affordable Housing

(March 2007) when talking about large sites states that “…. in order to ensure social integration and the development of mixed, balanced and sustainable communities. For larger developments in particular, the affordable housing should be located throughout the site in clusters and not concentrated in one part of the development.” Whilst this guidance is mainly applicable to larger estates we consider that taken together with the recent development of the Victoria Park clinic site of 23 affordable dwellings less than 50 metres away from this site there is a risk of a concentration of social housing having an unbalancing effect on the local community.

(3) While the proposal does provide one parking space for each of the four

houses, there are only six parking spaces provided for the twenty four flats. Parking is already a huge problem in the surrounding streets and this low level of provision will only add to the problem. Parking is particularly problematic due to the close proximity to two schools and the Cardiff City stadium, therefore we believe traffic flows and parking densities should be examined. In the design and access statement the developer states that “Recent studies have shown that Taff Housing Association’s tenants demonstrate an average car ownership rate of 30% on a per-dwelling basis, …” Therefore on that basis alone the flats in this development should have seven parking spaces, not six.

(4) We believe the quality of design in this application is poor and does

not reflect the character of the existing Victorian properties. Neither does the design enhance or reinforce the distinctiveness of the area; it is merely a copy of the recently approved Victoria Park clinic development .

7.2 With respect to the amended plans, the Councillors advise that they wish to

object on behalf of residents who have contacted them, for the following reasons:

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(1) Although the height has been reduced the building still dominates the corner and is overbearing.

(2). The Council’s Supplementary Planning Guidance : Affordable Housing (March 2007) when taking about large sites states that ‘…in order to ensure social integration and the development of mixed balanced and sustainable communities. For larger development in particular, the affordable housing should be located through the site in clusters and not concentrated in one part of the development.’ Whilst this guidance is mainly applicable to larger estates some residents still consider that taken together with the recent development of the Victoria Park clinic site of 23 affordable dwellings less than 50 metres away from this site there is a risk of concentration of social housing having an un-balanced effect on the local community.

(3) Although the development has been reduced by two units, and the

parking spaces increased, residents are still concerned that the development will increase parking pressures in the area.

7.3 An initial petition was received, signed by 109 residents, objecting to the

planning application. 7.4 Neighbouring and nearby occupiers have been notified of the planning

application. The application has also been advertised in the press and by the display of site notices. 52 letters of objection were received in respect of the application as originally submitted for consideration. In summary, the grounds of objection were as follows:

(i) Overdevelopment of the site. The height , scale and design of the

apartment building is considered to be inappropriate and not in keeping with the area. The recent development of apartments at the former Victoria Clinic site is cited as unsightly and there is concern that further buildings of this height will give the impression of high rise blocks crammed into a small space. It is considered that the density of development will alter the nature of the locality and is inappropriate for the area.

(ii) Parking spaces allocated are totally inadequate for such a development. The scheme will impact on local residents in the neighbourhood as residents of the development will have no option to park in adjacent streets. There is no visitor parking provision on site. It is considered that existing parking permits have not solved the parking problems and the area is rarely patrolled by wardens. Parking in the area is already difficult. The development of the Maltings site will increase the problem. There is a significant amount of illegal parking in the area. The vehicular access to the proposal is likely to cause problems on Cowbridge Road East which is already a busy road. Concern has been raised for the safety of children attending Radnor Road and Treganna School as a result of increases traffic.

(iii) There is concern that there has been little consultation with local residents.

(iv) Disturbance from demolition/building works if the development was to

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be implemented. (v) Potential drainage issues. It is queried whether the drainage

infrastructure can cope with the development. (vi) The number of social housing units proposed, is considered by many

residents to be detrimental and not consistent with creating mixed and inclusive community contrary to Council policy. It is pointed out that a social housing scheme is already being built at the Victoria clinic site and that in conjunction with the proposed scheme, it would result in over 50 such units concentrated into a small area. Concern is expressed about the potential for antisocial behaviour.

(vii) Possible loss of view and privacy. (viii) Possible loss of light and overbearing in its effect on

neighbouring/nearby properties. (ix) Effect on local services. (x) Effect on house prices (xi) The development appears cramped with limited recreational area for

residents of the apartments. (xii) The proposed accommodation differs from the family houses

predominant in the area and will attract different occupiers, changing the demographic characteristics of the area.

(xiii) There is concern that the adjacent office site is for sale and could be similarly developed.

7.5 A resident gave qualified support to the plans stating that the general site

layout should be applauded with the extension to the Radnor Road terrace and block of flats to the front of the site. The resident nevertheless considered that three storey development would be a more appropriate scale and that there should be a greater use of brick and stone and a subsequent reduction in render. The resident also states that the car ownership figures of existing Taff HA tenants and survey of existing parking in the locality should be considered to ensure that future provision is adequate.

7.6 Representations were received on behalf of the owners of the offices at 1 and

2 Radnor Court which adjoin the side of the proposed development, objecting to the application and requesting that it be refused. In summary, the following objections were raised:

(i) overshadowing, loss of daylight (and sunlight) to the adjacent offices; (ii) overbearing, oppressive and unneighbourly development; and (iii conflict with established national and adopted and unadopted land

planning polices. (Note: The offices, which are currently vacant, have been sold since this

representation was received. It is understood that the new owner/occupier remains concerned about the impact of the development and, in particular, the loss of light to the first floor office space).

7.7 Following consultation on the amended plans and additional Transport

Statement, some 65 further letters/emails of objection have been received which effectively reiterate the concerns outlined in paragraph 7.4. A number

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of residents take issue with the consultation exercise carried out by the Applicants and their subsequent report and query the methodology and findings of parking surveys submitted in support of the application commenting, in particular, on the timing of the survey. They state, for example, that no information is available regarding Saturday and Sunday evenings, at which times the majority of residents would be at home. Residents continue to object on parking grounds, considering that the additional information does not address the concerns of local residents. It is considered that the development is too large and that there will be too many people in a small area. It is stated that the occupants of the three recently developed houses in Pen-y-Peel Road, forming part of Taff Housing Association’s Victoria Park Clinic development has five cars between them. Reference is made to a persistent and unacceptable level of dangerous parking very close to junctions.

7.8 An objection has also been received on behalf of the landlords of the adjacent

offices on grounds of overdevelopment, lack of parking, scale and the practicality of constructing the apartment block in such close proximity to the boundary and its associated future maintenance.

7.9 Two letters of support have been received following re-consultation. 7.10 A further petition has been received, signed by 72 residents, requesting that a

local resident speaks at Planning Committee to raise objections on their behalf.

8. ANALYSIS 8.1 This planning application was deferred on 15th August, 2012, for a Committee

site visit which took place on 5th September, 2012. 8.2 The application seeks planning permission for the development of 22 no.

flats and 4 houses on the site of the vacant Maltings public house, Cowbridge Road East. The principle of residential development has been established by the granting of planning permission in April, 2011, for the erection of 22 flats under planning application 10/1926DCO (subject to the completion of a planning obligation).

8.3 Notwithstanding the location of the part of the site within the Cowbridge Road

East District Centre, the current proposal is considered to raise no land use policy concerns having regard to this recent planning history, the occupation of the site by a vacant A3 use rather than A1 retailing and its location directly adjacent to existing housing.

8.4 The main planning issues are considered to relate to the following matters: (i) the effects of the proposed development on the character and

appearance of the street scene and the general amenities of neighbouring and nearby occupiers;

(ii) the acceptability of the proposed development in respect of highway

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safety and off street parking provision; (iii) whether the proposed development will provide an acceptable living

environment for the existing and prospective occupiers; (iv) appropriate Section 106 contributions. 8.5 Design/scale/layout The application site occupies a prominent corner location at the junction of

Cowbridge Road East and Radnor Road. The built environment in the vicinity of the site displays considerable variety, particularly along Cowbridge Road East where there is a mix of traditional and more modern developments. Building heights generally vary from two to three storeys. However, the Taff Housing Association development at the nearby Victoria Park clinic site, to the east of Radnor Court, includes a four storey apartment block fronting Cowbridge Road East.

8.6 Following discussions with the applicants concerning aspects of the proposed

development, including the proposed scale, finished appearance and overall height of the apartment block, the scheme has been amended with a view to improving its relationship with adjacent and nearby development.

8.7 To this end, the overall height of the building has been reduced from

approximately 14.7 metres to approximately 12.6 metres with the third floor accommodation partly contained within the roof space. This compares to a maximum ridge height approximately 11.4 metres for the scheme of 22 flats previously approved under planning application 10/1926/DCO (subject to the conclusion of a S106 Agreement). To ensure an acceptable transition in scale between the proposed apartment block and the adjacent two storey Radnor Court office, the forward most part of the proposed building fronting Cowbridge Road East has been reduced to three storeys, rising to a height of approximately 7.7 metres at eaves level and approximately 10.7 metres to the ridge of a hipped roof.

8.8 A similar step down in the level of the block from four to three storeys has

been introduced along the Radnor Road frontage which provides for a smoother transition between the apartment development, the proposed two storey houses at the rear of the site and the traditional two storey housing along the road.

8.9 The introduction of more gables at roof level and revisions to the palette of

materials is now considered to respond more closely to the characteristic design and finished appearance of other buildings in the area. For example, the contemporary coloured panelling of the scheme, as initially proposed, has been removed and a larger amount of red brickwork introduced. The horizontal banding picks up a similar detail on the traditional three storey corner property on the opposite side of Radnor Road.

8.10 The four dwellings at the rear of the site have been rotated through 90o so

that the houses back onto the northern boundary and face towards the proposed apartment block, with the exception of the unit adjacent to Radnor

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Road which has been designed with its front elevation facing towards the highway. It is considered that this revision addresses the Radnor Road street frontage in an acceptable manner reflecting the building line of the existing terrace to the north, rather than being set back to accommodate frontage parking, as originally proposed.

8.11 The proposed layout accommodates off street car parking in accordance with

the Council’s guidelines whilst also providing an area of amenity space with provision for cycle bin storage and clothes drying. On balance, it is considered that the proposed development would provide acceptable standard of living accommodation for future occupiers who would benefit from a highly sustainable location, adjacent to a district centre and a primary bus route.

8.12 The South Wales Police Architectural Liaison Officer confirms that a ‘Secured

by Design’ application has been received and has raised no objections to the proposed development (refer to paragraph 6.2).

Neighbour amenity 8.13 Concerns have been raised that the scheme would result in an overbearing

and unneighbourly form of development with unacceptable consequences in terms of overlooking and overshadowing and loss of light.

8.14 With regard to the effect on residential amenity, the application site adjoins

the side boundary of 2 Radnor Court and the rear garden boundary of 17 Anglesey Street to the north. The nearest part of the proposed development to this boundary comprises the 4 no. houses sited approximately 9.0 metres away. A distance of approximately 28.0 metres separates the rear elevation of the 17 Anglesey Street from the nearest proposed dwelling. At 5.0 metres in height at eaves level, rising to a ridge height of approximately 9.0 metres, it is not considered that the proposed dwellings would be unduly unneighbourly in terms of their visual impact. The northern boundary site is enclosed by a significant wall of between 3.0 metres and 3.6 metres in height, which is to be retained. Given the height of the boundary wall, it is not considered that this element of the scheme would unreasonably harm the privacy of the neighbouring/nearby residential occupiers to the north.

8.15 Whilst the proposed apartment block would be visible from the some existing

residential properties to the north and northeast of the site, this would be at some considerable distance, with the proposed houses and the adjacent offices also providing a degree of screening. For example, the rear of the block would be some 40.0 metres from the rear garden boundary with 17 Anglesey Street. These distances increase for the properties located to the north east of the site.

8.16 Whilst the loss of a private view is not considered to be a material of planning

consideration, having regard to the distances outlined above, the proposed apartment block would not be overbearing in terms of its effect on the

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residential occupiers to the north and north east of the site or result in an unacceptable loss of privacy.

8.17 The front elevation of the apartment block faces directly towards the Job

Centre Plus building and part of a mixed commercial/residential building known as ‘Hamilton Court’ on the opposite side of Cowbridge Road East. Having regard to the distance of approximately 23.0 metres which would separate the proposed apartment building from the properties opposite, it is not considered that the effect of the development would be unduly overbearing or that it would result in an unacceptable loss of privacy to those occupiers. It is also evident, that part of the apartment block directly facing Hamilton Court has been reduced in height to three storeys.

8.18 There are two small dwellings located on the western side of Radnor Road

facing towards the northern half of the application site from distance of approximately 13.0 metres. It is not considered that the scale and layout of the proposed development , as amended, would impact unacceptably of the amenities of the occupiers of those dwellings. Neither is it considered that the relationship between the proposed apartment block and the three storey residential building on opposite corner of Radnor Road (no. 258) would be unacceptable on grounds of residential amenity having regard to the distance separating them (between 14.0 metres and 15.0 metres) and the reduction in the height of the north western element of the block from four to three storeys.

8.19 It is evident that the proposed apartment block would be sited within

approximately 1.0 metres of the boundary with the adjacent office building at 1 and 2 Radnor Court. The office has a number of windows in its western elevation, including eight windows located opposite the proposed apartment block (four at ground floor and four at first floor). However, the ground floor windows face towards the existing 2.2 metre high boundary wall and all of the windows are positioned at a relatively high level above the internal floor and are small in size. The principle windows serving this part of the office space are situated on the eastern elevation of the building and will not be affected by the development. Whilst the proximity and height of the proposed apartment block will inevitably result in some loss of light to part of the office space, particularly at first floor level, it is not considered that the effect of the development would be of such harm as to justify the refusal of the application on this ground.

8.20 Highway safety/off street parking provision The proposed development provides vehicular access into the site, mid-way

along the Radnor Road frontage leading to a courtyard parking area containing 14 parking spaces. This represents an increase of 4 no. on site spaces in comparing to the original layout. Furthermore, the reorientation of the proposed dwellings away from the Radnor Road frontage permits the retention of 4 no. off street parking spaces on Radnor Road.

8.21 The previously approved scheme at the site (ref. 10/1926/DCO) provided 19

off street parking spaces for a development comprises of 22 flats (19 x 2

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bedroom and 3 x one bedroom flats). The lower parking ratio of the current planning application reflects the fact that the scheme has been submitted by Taff Housing Association for the purpose of providing affordable housing. The Council’s approved (adopted) Supplementary Planning Guidance : Access, Circulation and Parking permits a reduced level of on site parking provision for such development in comparison to open-market housing based on the lower car ownership rates of affordable/social housing developments.

8.22 It is evident that car parking issues have been highlighted as one of the key

concerns raised by residents and local members. Whilst there is no obligation on the part of the applicant to improve existing on-street parking issues in the vicinity of the site, it is necessary for the development to comply with relevant national and local planning policies in respect of parking and highway safety.

8.23 The Operational Manager, Transportation has assessed the scheme (as

amended) in terms of parking provision and highway safety, advising as follows:

(i) The submitted Transport Statement (TS) identifies that the proposed

residential use would be likely to generate 12No two-way trips in the AM peak hour period and 14No two-way trips in the PM peak hour period, which broadly equates to one vehicle movement every 4 to 5 minutes at the networks busiest times.

(ii) 14No car parking spaces are being provided within the curtilage of the

site, which for an affordable housing development falls within the guidelines set out in Access, Circulation and Parking Standards SPG, i.e. a minimum of 7.5No spaces would be required. As such, the level of car parking provision is considered acceptable, in principle.

(iii) In addition, parking surveys have been undertaken on a weekday (08.00-

10.00 and 19.30-21.30) and a Saturday (11.00-13.00) in the surrounding streets within a 200m radius of the development site, the results of which indicate that generally, there would be opportunity for vehicles to park on street (despite some of the roads being at capacity), should any overspill parking take place. Evidence is also provided within the Transport Statement which demonstrates that the average level of car ownership within Taff Housing Association’s existing schemes, (i.e. week day average of 41% and Saturday average of 49%) broadly equates to half of the properties not owning or having access to a car. As such, it is considered that any overspill parking that may take place would likely be limited.

(iv) The Transport Statement concludes that the volumes of traffic generated

by the proposal will have a negligible impact on the surrounding highway network and a minimal impact on the level of on street parking within the surrounding streets.

(v) It is proposed to retain the existing vehicular access on Radnor Road,

however due to the number of car parking spaces accessed off this point,

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and in order that priority is given to pedestrians, a footway crossover arrangement will be required. As such a condition is recommended to ensure that the works are undertaken to an acceptable specification and that the necessary road opening permit is obtained.

(vi) Due to the accessible location of the site it would be expected that travel

modes other than the private car should be encouraged and as such a financial contribution is recommended for the provision of a Real Time Information facility at the nearest bus stop on Cowbridge Road East.

(vi) It is considered that the submitted Transport Statement adequately

represents the proposal and that no highway/transportation objections be raised, subject to recommended conditions 8 to 11 (inclusive), informatives 4, 5 and 6 and securing a financial contribution of £8,320 for the provision of a Real Information facility at a bus stop on Cowbridge Road East.

8.24 In respect of the further representations received following re-consultation on

the amended plans/additional transportation information, the Operational Manager, Transportation comments:

(i) The parking surveys contained within the Transport Statement were

undertaken on a weekday (08.00-10.00 and 19.30-21.30) and a Saturday (11.00-13.00) in the surrounding streets within a 200m radius of the development site. I would consider that these would generally cover those times when residents would likely be at home, with the weekday evening period having being extended to 21.30 in order to address concerns raised by local residents;

(ii) Notwithstanding the above, the proposed level of on-site car parking

provision is in accordance with the Council’s adopted ‘Access, Circulation & Parking Standards SPG’ for an affordable housing development and as such is deemed to be policy compliant. It should also be noted that if this were a private housing development, then the minimum level of car parking required would be 15No spaces, i.e. one additional space over and above what is currently proposed;

(iii) Mindful of the concerns relating to potential parking problems associated

with the houses, it would be prudent to allocate four of the spaces specifically for those residents - as these dwellings would be more likely to be occupied by families;

(iv) Where parking takes place close to junctions and is deemed to be

problematic parking restrictions would normally be introduced as has previously been implemented at the junction of Radnor Road and Cowbridge Road East;

(v) It should also be noted that a S106 contribution was secured by the

Council for the ‘Victoria Clinic’ development in order to survey the surrounding streets, and, if the criteria was met to provide additional

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residents parking. Any new traffic orders required could also include further parking restrictions if a highway safety issue is identified. These monies would be sufficient to include those streets surrounding The Maltings site. The residents of the new flats and houses would not be entitled to apply for a permit in any residents parking area on any street;

(vi) The issue of vehicles parking illegally on double yellow lines in the

immediate vicinity of the site, both currently and in the future would be addressed through the Council’s Civil Parking Enforcement Team;

(vii) In addition, the accessible location of the site is such that travel modes

other than the private car should generally be preferred by residents, thereby reducing their reliance on the private car.

8.25 On the basis of this advice, it is considered that an objection to the proposed

development (as amended) on highway/parking grounds could not be supported. It is also evident that the site is in a highly sustainable location being well located to shops, services and public transport.

8.26 Community Facilities The Council’s Supplementary Planning Guidance : ‘Community Facilities and

Residential Development’ permits the local planning authority to seek a financial contribution on residential developments containing 25 or more new dwellings where it has been identified that investment in community facilities will be required to meet the needs of the new population. The Operational Manager, Regeneration, has advised that a financial contribution in respect of this development would comply with Community Infrastructure Levy (CIL) regulations, being necessary to make the development and fairly and reasonably related in scale and land to the proposal. Utilising the methodology outlined in SPG, a financial contribution of £17,999 has been requested (and accessed by the applicant) and would need to be secured though the completion of a S106 Agreement.

8.27 Open Space As no public open space is being provided in site, a financial contribution

towards the provision of open space off site, or the improvement of existing open space in the locality has been sought in accordance with SPG : Open Space (2008). In accordance with the methodology outlined in the SPG, the Operational Manager, Parks has calculated the contribution to be £42,182 and will also need to be secured via a S106 Agreement.

8.28 Affordable/Social Housing The application site is proposed to be developed solely for affordable housing.

As advised by Council’s Housing Strategy (Enabling) Officer, there is a demonstrable demand for new affordable accommodation in the area and housing officers have been working closely with the applicant to progress the delivery of the units.

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8.29 It is evident that many residents have raised concerns about the number of

social housing units proposed. The view has been expressed that the scheme, in conjunction with the Taff Housing Association development of some 23 affordable units at the nearby Victoria Clinic site, would result in a large concentration of social housing within a small area resulting in an unbalancing effect on the local community creating pressures on local services and raising issues of anti-social behaviour etc.

8.30 The Council’s SPG on Affordable Housing advises at paragraph 4.2 that: in

order to ensure social integration and the development of mixed balanced and sustainable communities for larger developments in particular, affordable housing should be located throughout the site in clusters. The approved Affordable Housing Delivery Statement (October 2010) also states that the Council seeks to ‘support the development of mixed and inclusive communities ..(and) will expect that affordable housing should be located throughout the site are not concentrated in one part of the development.’

8.31 Although many residents have expressed the view that the current scheme

does not accord in this advice, it is not considered that this policy guidance intended to be directly applicable to the re-development of (relatively) small brownfield sites of this nature. As indicated by the Housing Strategy Officer in paragraph 5.5, the guidance is in place to ensure that on much larger sites in Cardiff, a return to the ‘segregation’ of affordable housing of previous generations is not promoted. Conversely, the Officer argues that an increase in much needed affordable housing may indeed have a balancing effect on local community rather than an unbalancing one.

8.32 The Applicant’s Agents have advised that future residents of Taff properties

are a mix of people of various needs and backgrounds and that where possible, efforts are made to house local people in their new developments, with due deference to the Council’s housing list. With respect to the view that there is an increase in anti-social behaviour and crime associated with social housing, the Agents state that this is based on conjecture and stereotype.

8.33 Planning policies encourage the location of new residential development in

sustainable locations with good access to existing services and non car dependant modes of transport. The application site, being located on the edge of a district centre and adjoining a primary bus routes are considered ideally placed in this regard.

8.34 It is considered that the proposed site is a suitable location for an affordable

housing development and that a refusal of the application on grounds relating to the concentration of such housing would not be justified.

Conclusion 8.35 It is recommended that the application, as amended, is acceptable on

planning grounds and approval is recommended subject to the attached conditions and to the completion of a Section 106 Agreement with the Council

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to secure affordable housing and the financial contributions detailed in paragraphs 8.23. 8.25 and 8.26 of this report.

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PETITION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/427/DCO APPLICATION DATE: 26/03/2012 ED: LLANDAFF APP: TYPE: Full Planning Permission APPLICANT: Mr Rees LOCATION: 16 THE AVENUE, LLANDAFF, CARDIFF, CF5 2LQ PROPOSAL: DEMOLITION OF THE EXISTING TWO STOREY DWELLING AND GARAGE TO PROVIDE A THREE STOREY RESIDENTIAL DEVELOPMENT COMPRISING OF 5NO SELF-CONTAINED TWO AND THREE BEDROOMED UNITS AND ASSOCIATED CAR PARKING (AMENDED PLANS) ___________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the

following reasons:

1. The proposal, by virtue of its scale, massing, design, materials and detailing, constitutes an incongruous development which is out of keeping with the character and appearance of surrounding developments and which would neither preserve nor enhance the setting of the Llandaff Conservation Area, to the detriment of visual amenity and the character of the area and contrary to policy B1 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011, policy 11 of the Cardiff Local Plan, policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan, Cardiff Supplementary Planning Guidance “Infill Sites (2011), paragraphs 4.4.2, 4.10.9, 9.3.3 and 6.5.17 of Planning Policy Wales (2011) and paragraphs 5.11.2 and 5.11.3 of Planning Policy Wales Technical Advice Note 12 (Design) 2009.

2. The proposed building, by virtue of its height and proximity to the

boundaries with 10, 12, 14 and 16 Fairwater Road, would appear dominant and overbearing when viewed from the rear gardens and windows of those properties, to the detriment of residential amenity and contrary to policy 2.24 of the deposit Cardiff Unitary Development Plan, Cardiff Supplementary Planning Guidance “Infill Sites (2011) and paragraph 9.3.3 of Planning Policy Wales (2011).

3. The proposal represents overdevelopment of a small site in that the front

garden area would be dominated by car parking, to the detriment of visual amenity and the character of the area and contrary to policy 11 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan, Cardiff Supplementary Planning Guidance “Infill Sites (2011), paragraphs 4.10.9 and 9.3.3 of Planning Policy Wales (2011) and paragraphs 5.11.2 and 5.11.3 of Planning Policy Wales Technical Advice

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Note 12 (Design) 2009. 4. Insufficient and inadequate outdoor amenity space would be provided

within the site to cater for the needs of all residents of the flats, to the detriment of the amenities of occupiers of the development and contrary to policy 2.24 of the deposit Cardiff Unitary Development Plan, objective 2 of Cardiff Supplementary Planning Guidance “Cardiff Residential Design Guide” (2008) and paragraphs 4.2 – 4.5 of Cardiff Supplementary Planning Guidance “Infill Sites” (2011).

5. The development would result in the removal of a tree which is the subject

of a Tree Preservation Order and would also involve works that would be likely to result in unacceptable harm to two other protected trees, to the detriment of visual amenity and contrary to policy 2.45 of the deposit Cardiff Unitary Development Plan, Cardiff Supplementary Planning Guidance “Trees and Development” (2007) and paragraph 5.2.9 of Planning Policy Wales (2011).

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application seeks full planning permission for the demolition of a two

storey, detached, four bedroom dwelling with detached single garage and erection in its place of a 3 storey block containing four 2 bedroom flats and one 3 bedroom flat.

1.2 The house to be demolished dates from the early – mid 20th century. It is two

storeys in height, finished in red brick and render with a hipped roof, a chimney and a curved bay to the front elevation, and has a footprint of around 10m x 7m. It is set back around 15m from the highway. The garage to be demolished is located approximately 6m from the highway on the southern side of the site.

1.3 The proposed building is around 9m tall (with the ridge height of the pitched

roof elements rising to around 10m) and has a footprint of approximately 15m x 12m, with an additional 3.5m projection to one side of the front elevation. The roof of the proposed building is flat in the centre with pitched-roof elements running along each side forming gables at the front and rear at second floor level. There is a gap of approximately 1.5m between the boundary and each side of the building. The third storey is inset slightly and features balconies to the front and rear. The ground floor and first floor will be finished in red brick with blocks of off-white render, and the second floor will be vertical standing seam profile zinc. Windows and doors will be light grey powder coated aluminium.

1.4 Five off-street parking spaces, including one suitable for people with

disabilities, will be provided at the front of the property, with vehicular access being via a new sliding gate onto The Avenue. The site frontage will consist of the paved parking and turning area, a bin store adjacent to the road, a narrow strip of landscaping to the southern boundary and small planting beds adjacent to the highway and the building.

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1.5 Two areas of private garden will be provided at the rear of the ground floor

flats and there will be a cycle store and a communal garden area for the rest of the flats (consisting largely of decking, measuring around 4.5m x 4.5m) at the rear of the site.

1.6 The Pre-Assessment submitted with the application demonstrates that the

building is expected to achieve Level 3 of the Code for Sustainable Homes with a minimum of 1 credit under “ENE1”.

1.7 Amended plans were submitted on 23rd July 2012. The amendments relate to

relocation of the bin store behind a 1m wide planting strip, slight alteration to the position of two of the parking spaces, the addition of railings to the front boundary wall, the planting of two trees next to the parking spaces on the southern boundary, the addition of the pitched roof elements, the addition of balconies to the front elevation at first floor level, slight reduction in the length of the projection to the front (from 3.5m to 2m but with additional balcony and bay window), alterations to finishing materials (increasing the amount of render and omitting feature banding) and a reduction in the amount of glazing to the front elevation.

2. DESCRIPTION OF SITE 2.1 The site is towards the southern end of The Avenue, between the side of a

detached house and the rear boundary of a row of semi-detached houses which front onto Fairwater Road. The Avenue is a residential street which is blocked off at its northern end and which contains a number of large detached and semi-detached houses, most of which date from the early 20th century. The boundary of the Llandaff Conservation Area lies to the east and abuts the rear boundary of the application site. There are protected trees on the site frontage and overhanging the rear boundary.

3. SITE HISTORY 3.1 01/02226/W – Replacement dwelling. Granted. 4. POLICY FRAMEWORK 4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011:

MV1 (Location of New Developments); MV11 (Parking); B1 (Conservation of the Built Environment).

4.2 Cardiff Local Plan –

10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians);

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28 (Subdivision of Residential Property); 30 (Insensitive or Inappropriate Infilling).

4.3 Supplementary Planning Guidance - Access, Circulation and Parking

Standards (January 2010); Cardiff Residential Design Guide (March 2008); Trees and Development (March 2007); Waste Collection and Storage Facilities (March 2007); Infill Sites (April 2011).

4.4 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); 2.53 (Conservation Areas); 2.57 (Access, Circulation and Parking Requirements); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development).

4.5 Planning Policy Wales (2011): 3.1.8: While the substance of local views must be considered, the duty is to decide each case on its planning merits. Local opposition or support for a proposal is not, on its own, a reasonable ground for refusing or granting planning permission. 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 • Help to ensure the conservation of the historic environment and cultural

heritage • Ensure that all communities have sufficient good quality housing –

including affordable housing – in safe neighbourhoods. 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 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

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expects new buildings to meet. 5.2.9: Local Planning Authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a locality. 5.5.13: Local Authorities have a duty to ensure that adequate provision is made for the planting or preservation of trees by imposing conditions and/or by making tree preservation orders. 6.5.17: If any proposed development would conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the granting of planning permission. 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. 9.3.4: Where high densities are proposed, the amenity of the scheme and surrounding property should be carefully considered.

4.6 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 • 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. The important contribution that can be made to local character by contemporary design, appropriate to context, should be acknowledged.

5. INTERNAL CONSULTEE RESPONSES 5.1 Operational Manager Transportation: No objections subject to conditions

requiring provision and retention of parking spaces as shown on the plans, details of secure and covered cycle parking and approval of a construction management scheme. The applicant should contact Highway Operations regarding the creation of the new vehicular crossover, extinguishment of the existing crossover and possible relocation of the street lighting column on The Avenue at the front of the property.

5.2 Chief Officer Highways and Waste Management (Drainage): No objection

subject to a condition requiring ground permeability tests to be undertaken to

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ascertain whether sustainable drainage techniques can be utilised and approval of a drainage scheme for the disposal of both surface water and foul sewage.

5.3 Pollution Control (Noise & Air): Standard advisory note relating to construction

site noise. 5.4 Pollution Control (Contaminated Land): Standard conditions relating to

imported soil and aggregates and contamination/unstable land advisory note. 5.5 Chief Officer Highways and Waste Management (Waste): No objections. 6. EXTERNAL CONSULTEES RESPONSES 6.1 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. No development will be permitted within 3m of the centreline of the sewer that crosses the site.

6.2 Llandaff Conservation Group: Any redevelopment should reflect the character,

massing and form of the existing houses. This is an overdevelopment of the site and the design is completely out of keeping with the street scene. We further object to the break in the old stone wall. This development has an adverse impact on the conservation area which it directly adjoins.

7. REPRESENTATIONS 7.1 The original application and the amended plans received on 23rd July 2012

have been advertised by site notice and neighbour notification. 25 letters of objection and a petition of 97 signatures were received initially, with a further 14 letters received following the receipt of amended plans. The objectors oppose the application on the following grounds:

1. The existing house has been deliberately allowed to fall into disrepair; 2. The proposal is out of keeping with the character of the street. The

building is too large and out of scale and the design and materials are incongruous.

3. The development will be overbearing when seen from adjacent properties. 4. Loss of privacy to adjacent houses, caused particularly by balconies. 5. Overshadowing of adjacent properties. 6. Increased noise disturbance, particularly caused by use of balconies and

parking area next to houses. 7. Construction work will cause nuisance and congestion. 8. Important trees, including trees with protection orders, will be lost and the

roots of trees adjacent to the site could be damaged. The proposed replacement trees would not compensate for the loss of the mature magnolia

9. The lack of landscaping, particularly on the frontage, will be detrimental to the character of the street. The frontage will look like a car park.

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10. Detrimental impact on birds and bats that use the site. 11. Insufficient off-street parking is proposed. There is already a parking

problem on the street. 12. Increased likelihood of collisions at the junction due to increased traffic

and parked cars. 13. Use of a sliding, electronic gate would be dangerous, particularly to

children. 14. The additional bins left on the pavement may be dangerous to

pedestrians. 15. The proposal has an inadequate amount of garden space. 16. Rainwater run-off will increase due to the large area of hard surfacing. 17. The historic boundary wall will be lost. The proposed brick wall, railings

and sliding gate would be an incongruous feature. 18. The development will have an adverse impact on the adjoining Llandaff

Conservation Area. 19. Property values will be reduced and it will be more difficult to sell houses

in the area. 20. There is no demand for flats. Family houses with gardens are needed in

the area. 21. Existing flats in the street and the previous planning permission for a

dwelling on the site should not be seen as precedents for approval of this development.

22. Replacement of the brick wall between the site and 2A The Avenue with a close boarded fence would undermine the integrity of the boundary.

23. Ground levels are not shown accurately on the plans: houses on Fairwater Road are at a lower level and the impact on them will be considerable.

24. Access through the proposed gate would be impossible due to the presence of a lamp post.

25. The amendments are not acceptable – the predominance of glass and zinc cladding is stark and unsympathetic, the inclusion of gables is more in keeping with existing properties but does nothing to reduce the mass of the development, the amendments to the roof profile have made the building even taller, the reduction in footprint is minimal, the increased height will result in even more overshadowing of the neighbouring property, no computer-generated images of the amended scheme have been produced and these could give rise to further objections, the additional information provided by the architects is disingenuous as the photographs are of buildings that are not representative of the street.

8. ANALYSIS 8.1 The site lies within an established residential area and there are no objections

to the principle of residential development. The main considerations in assessing this application are the impact of the proposal on the amenities of neighbouring residents, visual amenity, trees and the character of the area (this being particularly significant given the site’s location on the edge of the Llandaff Conservation Area, the boundary of which follows the rear boundary of the application site).

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8.2 In assessing the impact on visual amenity and character, the proposal must be considered against current design policy as well as the guidance contained in the Supplementary Planning Guidance “Infill Sites”.

8.2 The Council’s Infill Sites SPG advises that:

“It is important to strike a balance between maintaining the established positive character of a residential street and introducing additional housing. To avoid a ‘town cramming’ effect, any proposals must: ● Maintain a useable amenity space or garden for new as well as any

existing dwellings/ occupiers; ● Maintain an established spacing between buildings that respects the

pattern of layout in the vicinity of the site; ● Maintain appropriate scale and massing which respects buildings in the

vicinity of the site; ● Respect the frontage building line and respond to the existing street

scene.”

8.3 The predominant character of The Avenue is identified by large Edwardian villas, either detached or paired, set within large landscaped gardens. There has been infill development within the street, including the property proposed for demolition, but it is the character of the Edwardian properties that dominates. The predominant materials are white render and red tiled roofs with elements of period detailing to gabled, windows and porches.

8.4 The proposal is considered to be in significant contrast to the character of

development in the local area in terms of the roof profile, the predominant use of brick and the scale of the glazed openings and introduction of balconies.

8.5 The building line of the proposal’s furthest projecting front bay relates to the

front of the neighbouring property, with the rest of the frontage set back. However, as the parapet height of the second storey element is higher than the eaves height of the neighbouring properties, the building appears bulky in the street scene.

8.6 The overall height of the development is three storeys with the third storey set

back behind a parapet. The set back helps to diminish the impact of the building height but the overall massing of the building and the ‘blocky’ approach to the design results in an overall appearance which is dominant in the street scene and at odds with the local character.

8.7 The proposed development extends almost across the whole width of the site

with a pathway width between the building and its boundaries. Whilst there are quite tightly spaced buildings in the local area, the majority have at least a driveway width to one side of the properties. The scale of this proposal means that the impact of development close to the boundary is significant. The depth of the proposal also results in a larger footprint than that of its neighbours and this plot is therefore considered to be more densely developed.

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8.8 The level of parking proposed on the site frontage will have a significant

impact on the front garden area of the property, changing its character to that of a car park which is at odds with the character of front gardens within the street. There is a very limited amount of planting proposed to soften the expanse of paving.

8.9 Private gardens are provided to the rear which will be accessed solely from

the ground floor units. A communal garden area is provided behind these gardens which is only accessible from the front of the property along a footpath to the side of the house. The Infill SPG identifies in paragraph 4.2 that ‘All new residential developments… should maintain useable and appropriate external space’. It is considered that the proposal does not provide an adequate level of useable space for the units that do not have access to private gardens.

8.10 The submission of an analysis of existing street character along with the

amended plans is welcomed but there is little evidence as to how this analysis has informed the design of the proposal. The amended plans have not addressed concerns relating to the overall dominance of the proposal within the street scene and the effect of the proposed development on the character and appearance of the surrounding area, or the effect on the living conditions of neighbouring residents. The introduction of the gabled roof element in the amendments, whilst to some extent referencing local design elements, does not overcome design concerns about the scale and massing of the building and results in a discordant appearance to the overall design of the building. The significant areas of glazing and zinc proposed at the upper storey and the use of balconies are not characteristic features of properties in the area.

8.11 The proposal, as amended, remains unacceptable in terms of its impact on

visual amenity and the character of the area. It is considered to conflict with the Council’s design policy and Supplementary Planning Guidance.

8.12 With regard to the impact of the proposal on trees within and adjacent to the

site, it should be noted that the development would result in the removal of a protected Magnolia tree on the site frontage. This tree is protected by a Tree Preservation Order that was confirmed on 12th July 2012 following a report to Planning Committee that detailed objections to the Order being confirmed. No case is presented with the amended plans to justify removal of the tree, which is considered to have significant public amenity value.

8.13 Information submitted in objection to the provisional TPO accorded the tree ‘B’

categorisation (moderate quality and value) with a 20-40 year life expectancy. The same information states that no action is required with regard to the tree other than annual monitoring and the tree may require bracing if potential limb subsidence is identified. The proposal for no action, or at most bracing in due course, demonstrates that the Magnolia lacks significant health or structural defects.

8.14 In accordance with the SPG “Trees and Development” and BS 5837, ‘B’

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category trees are expected to be retained as part of development, and the design of development adapted to accommodate their current and future growth requirements. The SPG states that Planning permission will not normally be granted for development that: • Directly or indirectly causes unacceptable harm to trees or woodlands that

have been identified as having significant amenity value. • Includes inadequate or inappropriate landscape proposals that fail to

provide measures to conserve or, where appropriate, enhance the character of the landscape.

8.15 Where trees are identified in a Tree Survey as being suitable for retention

under the criteria contained in the current BS 5837 (trees in categories A, B & C), the Council will normally expect them to be retained. If a developer proposes their removal, they will need to demonstrate how the removal of such trees will enable or enhance their overall design concept and how mitigation measures such as new tree planting and landscaping can compensate for losses. It is not usually acceptable for new tree planting and landscaping to be considered after the layout has been designed. Areas for future tree planting should be plotted on a Tree Constraints Plan and will require protection during the construction process.

8.16 In the case of this proposal, there appears to be no overriding design

consideration that necessitates removal of the Magnolia, and submitted amended plans are wholly inadequate in showing suitable mitigation planting even if the principle of removing the Magnolia was accepted. Amended plans do not include a detailed upfront landscaping scheme, only indicative details of planting, including two new Magnolia trees adjoining an area of car-parking. Trees planted in this position would have a very poor future, since their naturally spreading branches would very rapidly come into conflict with vehicles and the building line, necessitating unsuitable pruning that would destroy their health and form. In addition, such trees are likely to mutually suppress, developing distorted forms that necessitate unsuitable pruning. Otherwise, the proposed frontage landscaping is limited to ‘structured planting to define boundary’. This is likely to comprise low maintenance shrubs that offer very little public amenity, biodiversity or environmental value.

8.17 The plans indicate decking, cycle stores and a soak-away close to a protected

sycamore tree at the rear of the site, and bin stores within the branch spread of a protected yew situated on adjoining land. The construction of all these features also has the potential to cause unacceptable harm to trees of amenity value.

8.18 With regard to the objections received from concerned residents, as listed at

paragraph 7.1 of this report, I would comment as follows: 1. The state of repair of the existing house is not relevant to the

consideration of this application. The fact that the existing building is in disrepair does not mean that any replacement building will automatically be accepted.

2. The impact of the proposed development on the character of the street is

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discussed above. 3. The scale of the proposed building is considered to be excessive for this

site, as discussed above. 4. The windows and balconies of the building would face towards existing

houses and gardens but it is considered that they would be at an adequate distance from habitable room windows not to cause unacceptable loss of privacy. Balconies to the rear could enable overlooking of adjoining gardens but the greater part of the neighbouring gardens would remain private and privacy screens could be used to mitigate the impact.

5. The height and scale of the building means that it would inevitably cause more overshadowing than does the existing house. However, no significant windows of neighbouring buildings would be affected and additional shading of gardens would not be excessive.

6. The site is within an existing residential area where there will already be domestic activity. The additional units are unlikely to generate significant amounts of additional noise and disturbance. Furthermore, noise from residential properties is controlled under Environmental Protection legislation.

7. A construction management scheme could be required, which would minimise disruption caused by building works. Matters such as dust and noise are controlled under environmental health legislation. It would be unreasonable to refuse planning permission on the grounds of the temporary disturbance that would be caused by construction.

8. The issue of the impact on trees is discussed above. 9. The issue of landscaping is discussed above. 10. Demolition and redevelopment could be timed to avoid the bird nesting

season if necessary. A bat survey has been carried out by an ecological consultancy which concludes that, whilst the site holds a moderate potential for bats to be present, no evidence of the presence of bats was found. The existing building is not a bat roost, no features are present that are likely to be used by hibernating bats and potential use by bats at other times of the year was assessed to be negligible.

11. The Operational Manager, Transportation, considers the proposal to be in accordance with the Council’s policy regarding car parking provision.

12. The Operational Manager, Transportation, has not raised any concerns regarding traffic generation or the safety of the junction.

13. It cannot be assumed that a sliding gate, a relatively common feature in urban areas, would necessarily be dangerous.

14. Bins would only be placed on the pavement for collection, otherwise they would be stored in a designated area. This is not considered to be hazardous.

15. The issue of garden space, and access to the outdoor amenity space for the upper flats, is discussed above.

16. Surface water run-off could be controlled the use of sustainable urban drainage techniques, which could be required as a condition of planning permission.

17. The boundary wall is not a protected feature and could be removed at any time. However, any replacement should be appropriate to the character of the area. The use of brick and railings would be in keeping with other front

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boundary walls in The Avenue, therefore it is not considered that this constitutes grounds for refusal of the application.

18. The proposal is considered to be detrimental to the setting of the conservation area but would not affect the conservation area itself.

19. The potential effects of proposed development on property prices, and on the saleability of other properties in an area, are not material planning considerations.

20. In a case such as this there is no requirement for an applicant to demonstrate that there is a demand for the proposed development.

21. All planning applications are determined on their own merits. The fact that the same type of development has been approved nearby does not mean that this proposal must also be approved.

22. A condition could be imposed on the planning permission requiring details of the boundary treatment to be approved in order to ensure that an appropriate boundary remained between the properties.

23. The plans do not show the levels of adjoining land accurately but it is clear from site inspection that the houses on Fairwater Road are at a lower level. This has been taken into account when assessing the impact of the development on the amenities of neighbouring residents.

24. Should planning permission be granted, the Council would relocate the lamp post (at the developer’s expense).

25. The submitted amendments are not considered to overcome the objections to the proposal for the reasons discussed above.

8.19 In conclusion, the scale, design and materials of the proposed building are

considered to be out of keeping with the character of the area (and to harm the setting of the adjacent Llandaff Conservation Area), the height and massing of the building would make it overbearing when viewed from the houses and gardens to the south, the lack of landscaping and dominance of car parking on the site frontage would be detrimental to the street scene (particularly given that trees would be removed from the frontage), the amount of useable outdoor amenity space would be below the standard normally required and a tree with significant public amenity value would be lost from the site, without adequate justification or suitable replacement planting. The applicant was given the opportunity to submit amended plans to overcome these concerns but the amendments made were minor and do not address the fundamental objections as set out above. It is recommended that the application be refused.

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LOCAL MEMBER OBJECTIONS AND PETITION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/464/DCO APPLICATION DATE: 27/03/2012 ED: PONTPRENNAU/ST MELLONS APP: TYPE: Outline Planning Permission APPLICANT: Mr Evans LOCATION: LAND ADJACENT TO CEFN EURWG, DRUIDSTONE ROAD, OLD ST MELLONS, CF3 6XJD PROPOSAL: PROPOSED RESIDENTIAL DEVELOPMENT - 4 UNITS ___________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the

following reasons:

1. The proposals do not accord with Policy 5 of the City of Cardiff Local Plan and Policies H3 and C1 of the South Glamorgan (Cardiff Area) Replacement Structure Plan which seeks to restrict inappropriate development in the countryside including the urban fringe, and also with Policies 1F and 2.39 of the deposit Cardiff Unitary Development Plan (October 2003), which restricts development outside designated settlement boundaries.

2. In order to accommodate this development it would be necessary to

remove a considerable length of the hedge adjacent to Druidstone Road to construct a 1.8 metre wide footway and a vehicular access providing adequate visibility, which is likely to be detrimental to the character and visual amenities of the area, contrary to Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan and Policies 2.20 (Good Design) and 2.45 (Trees Woodlands and Hedgerows) of the Deposit Cardiff Unitary Development Plan (October 2003).

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Outline planning permission is sought for the proposed residential

development of 4 no. units on land adjacent to Cefn Eurwg, Druidstone Road, Old St. Mellons. All matters are reserved for subsequent approval.

1.2 A sketch plan showing a possible layout for future development accompanies

the application. The plan shows a new access centrally located in the site frontage giving vehicular access to 4 no. detached dwellings in a courtyard arrangement.

1.3 An archaeological evaluation of the site has been carried out in consultation

with Glamorgan Gwent Archaeological Trust. Nothing of archaeological interest has been found.

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1.4 A supporting statement, code of sustainable homes pre-assessment, and

design and access statement has been submitted with the application. 1.5 The agent has also subsequently submitted 6 no. letters of support from

residents of Druidstone Road for the construction of 2 no. dwellings on the site. They are willing to accept a condition limiting the number of dwellings on the site to 2 no. units.

2. DESCRIPTION OF SITE 1.1 The site comprises a cleared area of rough ground measuring approximately

0.34 hectares with two corrugated sheds which are in a poor state of repair. 1.2 A gated access is located in the east corner of the site onto Druidstone Road. 1.3 The site is secluded and screened by established hedgerows and/or tree

cover on all sides. 1.4 The site is generally level and slopes to the northwest. 1.5 The site is identified as ‘countryside including the urban fringe’ on the City of

Cardiff Local Plan Proposals Map (January 1996) and is located outside of the settlement boundary on the deposit Unitary Development Plan Proposals Map (October 2003). Druidstone Road comprises a linear development of large detached dwellings on spacious plots interspersed with open countryside.

3. SITE HISTORY 3.1 12/00522/DCO: Outline permission sought in March 2012 to provide for

stationing of caravans for 5 no. Gypsy pitches (To serve 1 no. static caravan and 4 no. touring caravans), amenity blocks and wardens office. Withdrawn in June 2012 prior to determination.

3.2 09/00215/E: Permission granted in April 2009 for erection of stable block for 2

no. horses. 3.3 06/02672/E: Appeal dismissed in December 2007 for erection of 1 no.

detached dwelling. Refused outline permission by the local planning authority in April 2007 for the following reasons:

1. The proposals do not accord with Policy 5 of the City of Cardiff Local Plan

and Policies H3 and C1 of the South Glamorgan (Cardiff Area) Replacement Structure Plan which seeks to restrict inappropriate development in the countryside including the urban fringe, and also with Policies 1F and 2.39 of the deposit Cardiff Unitary Development Plan (October 2003), which restricts development outside designated settlement boundaries.

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2. The proposal is likely to fail to make satisfactory provision for an adequate vision splay for vehicles emerging from the new dwelling onto Druidstone Road, or the provision of a 2 metre footway across the entire site frontage, to the detriment of highway safety and contrary to Policy 2.57 (Access, Circulation and Parking Requirements) of the Deposit Cardiff Unitary Development Plan (October 2003).

3. In order to accommodate this development it would be necessary to

remove a considerable length of the hedge adjacent to Druidstone Road to construct an access providing adequate visibility, which is likely to be detrimental to the character and visual amenities of the area, contrary to Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan and Policies 2.20 (Good Design) and 2.45 (Trees Woodlands and Hedgerows) of the Deposit Cardiff Unitary Development Plan (October 2003).

4. The proposal contains inadequate drainage details regarding the

feasibility of the connection to the existing trunk sewer and the suitability of the ground for the installation of soakaways, as stated in paragraph 12.4.2 of Planning Policy Wales (March 2002).

3.4 06/00974/E: Permission refused in July 2006 for proposed detached house

and garage. 3.5 04/01437/E: Permission refused in August 2004 for detached house, garage

and new access. 3.6 04/00699/N: Outline permission sought in March 2004 for 6 bedroom

detached house. Withdrawn in April 2004 prior to determination. 4. POLICY FRAMEWORK 4.1 Planning Policy Wales, 4th Edition (February 2011). 4.2 Technical Advice Notes (TANs):

1. Joint Housing Land Availability Studies (2006) 5 Nature Conservation and Planning (2009) 6 Planning for Sustainable Rural Communities (2010) 12 Design (2009) 22 Planning for Sustainable Buildings (2010)

4.3 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April

1997):

EV1 Towards Sustainable Development MV1 Location of New Developments MV11 Parking MV13 Equality of Access H3 Dwellings in the Countryside

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C1 General Countryside Protection C2 Landscape Protection C5 Countryside Conservation and Management C7 Woodland and Hedgerows

4.4 City of Cardiff Local Plan (January 1996):

1 Ancient Monuments and Other Nationally Important Archaeological Remains 5 The Countryside Including the Urban Fringe 11 Design and Aesthetic Quality 12 Energy Efficient Design 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups

4.5 Deposit Unitary Development Plan (October 2003)

1.A General Principles for the Location of Development 1.B Achieving Good Design 1.F The Countryside 1.N Car Parking 2.20 Good Design 2.24 Residential Amenity 2.39 General Countryside Protection 2.43 General Landscape Protection 2.45 Trees, Woodlands and Hedgerows 2.48 Biodiversity 2.57 Access, Circulation and Parking Requirements


Access, Circulation and Parking Standards (January 2010) Trees and Development (March 2007) Waste Collection and Storage Facilities (March 2007) Residential Design Guide (March 2008) Biodiversity (June 2011)

4.7 The Cardiff Landscape Study (2008) is also relevant. 5. INTERNAL CONSULTEES RESPONSES 5.1 The Operational Manager, Transportation, considers that adequate provision

is made for off-street parking and notes that provision is made for a frontage footway, which is in accordance with Transportation’s current practice for developments on Druidstone Road. He therefore has no objection subject to conditions relating to retention of parking and to the provision of a 1.8 metre wide footway to adoption standard along the full frontage of the application site. He also suggests that a second recommendation advising the applicant

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to liaise with the Operational Manager, Street Operations, prior to constructing the frontage footway in order to ensure that it is constructed to the required standard.

5.2 The Operational Manager, Environment (Noise & Air), has no objections and

recommends that the developer be advised of permitted construction hours. 5.3 The Council’s Ecologist requests that the applicant be made aware that the

area is known to contain dormice, which are a European protected species. The hedgerows around the site form the habitat for the dormice therefore he advises that any full application should demonstrate how the hedgerows would be protected and the connectivity maintained, including protection from artificial lighting emanating from the dwellings. A full Dormice survey would not be required if hedgerows are to be maintained. He confirms that there is no objection to the removal of the hedgerow fronting the site as it is a small section.

5.4 The Operational Manager, Waste Management, notes that the plans make no

reference to the storage and collection of waste and recycling. Provision for storage and collection must be made on site plans.

5.5 The Operational Manager, Environment (Contaminated Land) advises that it

is unclear from this application whether any extensive landscaping would be undertaken. If imported materials are required then conditions regarding imported soils and materials and a recommendation regarding contamination would be required.

5.6 The Operational Manager, Drainage Division, recommends a condition

regarding drainage details which should include the use of sustainable drainage techniques for the disposal of surface water if possible.

6. EXTERNAL CONSULTEES RESPONSES 6.1 Glamorgan Gwent Archaeological Trust (GGAT) notes that the evaluation

found no archaeological evidence of any form of human activity other than agricultural use on the site. Therefore concerns that a significant Roman site was located in the area can be dismissed and they have no objection to the determination of the application.

6.2 The Countryside Council for Wales has no comments. 6.3 Welsh Water recommend drainage conditions be attached to any permission. 7. REPRESENTATIONS 7.1 Councillors G Phillips objects to the application, noting that several previous

applications have been submitted on the site and the most recent was refused at appeal (ref: 06/02672/E). The status of the site has not changed since this refusal and neither has the planning rules applied at that time. Councillor G Phillips notes a new Government requirement whereby applications for

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residential development must prove that the site has good connectivity; the site fails on these grounds therefore no residential development should be allowed.

7.2 Councillor D Rees objects to the proposals for the following reasons:

(i) Development beyond the settlement boundary; (ii) Unsustainable location with inadequate access to employment, retail or

other services; (iii) Connectivity is poor and would result in increased dependence on the

motor car; (iv) There is no local public transport. The 56 bus service was removed over

two years ago; (v) The proposed design is not in keeping with the semi-rural nature of

Druidstone Road; (vi) Druidstone Road SINC has been identified as rich in grassland species.

There is strong evidence of the European protected species Dormice as present locally;

(vii) Until cleared by the current owner the site was a richly wooded area of significant local value;

(viii) There is local concern that this development, if granted, would contribute to a creeping “urbanisation” of the area which is unwelcome.

7.3 The proposals were advertised by site notice for which the consultation period

expired on 26 April 2012. 7.4 6 no. letters objecting to the proposals have been received from residents of

Began Road, Ty’r Winch Road and Druidstone Road including Began House, Shenstone, Larks Rise, Ridges, The Moorings and Springfield House. Their objections are summarised as follows:

(i) Lack of connectivity as the site is distant from public transport and

would not minimise the use of private cars; (ii) Safety concerns for cyclists and pedestrians and vehicles entering and

egressing the site; (iii) No consideration of low or zero carbon emissions; (iv) Harm to the character and appearance of the area; (v) Loss of privacy for neighbouring dwellings; (vi) Potential harm to wildlife and protected species (dormice); (vii) High density development in a low density area; (viii) Conflict with Local Development Plan policies SP2, SP6, SP9, HER1,

HER9, TRANS2; (ix) Countryside location; (x) Contemporary design is out of keeping; (xi) Harmful impact to the Druidstone Road Site of Importance for Nature

Conservation (SINC); (xii) Contrary to paragraph 5.9.4 of Technical Advice Note 12; (xiii) Contrary to paragraph 9.1.2 of Planning Policy Wales (PPW);

7.5 A petition has been received requesting that the application be reported to

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Planning Committee for determination rather than being determined under officer’s delegated powers.

7.6 Harmers Town Planning and Development Consultants have submitted a

letter of objection on behalf of the Old St. Mellons residents’ group, noting that all previous applications for residential development on the site have been refused. They also draw attention to the Inspector’s decision in dismissing the appeal for application no. 06/02672/E where he found that the proposal would result in a change of character of land and the road frontage which would significantly harm the rural character and appearance of the area, contrary to the relevant development plan and national policies that seek to protect the countryside. They advise that there has been no material change in planning policies since this decision and therefore the proposals should be refuse permission. They also highlight that the archaeological restraint on the site must be satisfactorily addressed.

7.7 Old St. Mellons Community Council object to the development as the site is

within the open countryside beyond the settlement boundary, would result in over-development, and a lack of connectivity leading to traffic concerns.

8. ANALYSIS 8.1 The key issues consideration of this application are whether the proposed

development is acceptable mindful of its countryside location, the impact of the development on the character of the area, housing land supply, highway access considerations, and ecology matters.

8.2 As noted in paragraph 2.5, the site is located on land identified as open

countryside in the adopted Local Plan and beyond the settlement boundary in the deposit Unitary Development Plan (UDP). Planning Policy Wales (PPW) and Technical Advice Note 6 (TAN6) suggest that new residential development in the countryside should be strictly controlled and is only usually permitted if it is for agricultural and forestry purposes and satisfies the functional and financial tests. Local planning policies relating to the countryside also suggest that new build residential is not considered appropriate within the countryside unless it is for agriculture or forestry purposes. No supporting information has been submitted with the application to address these tests and therefore the proposal to develop 4 no. residential dwellings is not considered to be consistent with national and local policies relating to development in the countryside.

8.3 The extensive planning history to the site also demonstrates the Council’s

strong approach to protecting this site from development that fails to accord with countryside policies. The most recent application relating to residential development on the site (ref: 06/02672/E) was refused permission by the local planning authority in April 2007 and was subsequently dismissed at appeal in December 2007 (see paragraph 3.3). In dismissing the appeal the Inspector acknowledged that the development would conflict with countryside policies at national and local level and concluded that “…its general character [Druidstone Road] is that of countryside, and the appeal site makes a

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significant contribution towards that character.” He further added that “The development of a house on the land would obviously change its character entirely, and most of its contribution towards the general rural character of the area would be lost.” He concluded that the development of one dwelling on the site would significantly harm the rural character and appearance of the area and would be contrary to national and local planning policies that seek to protect the countryside.

8.4 The site also forms part of the Eastern Lowlands Landscape Character area

as defined by the Cardiff Landscape Study 2008 and despite its proximity to the urban edge has a generally rural and agricultural character. Druidstone Road is a mix of large houses in big plots interspersed with paddocks and fields, which helps to retain the local rural character of the area. Although the application is outline only with all matters reserved, the indicative sketch plan gives an indication of the likely impact of the development that 4 no. dwellings, and their associated outbuildings, would be likely to have on the area. It is considered that such a development would cause unacceptable harm to the predominantly rural character of the area.

8.5 Whilst there are strong countryside policy arguments against the

development, it should also be noted that national planning policy also requires local planning authorities to ensure that sufficient land is genuinely available, or will become available, to provide a 5 year supply of housing. The Joint Housing Land Availability Study for Cardiff (August 2012) indicates that Cardiff has a 2.3 year residential land supply based on the past 5 years build rates. Where such a shortfall exists TAN 1 states, ‘the need to increase supply should be given considerable weight when dealing with planning applications, provided that development would otherwise comply with national planning policies’.

8.6 It is recognised that there is a land supply below the 5 year requirement;

however, in view of the small scale of this proposal, it is evident that the release of this site would not result in any significant contribution towards the land supply deficient that would justify breaching the forementioned countryside policies protecting development at this location. The guidance in TAN 1 does not suggest that the requirement to give weight to a shortfall in housing supply should override national planning policy, and Planning Policy Wales states that the Welsh Government will seek to ensure that previously developed land is used in preference to greenfield sites and also sets out criteria (paragraph 9.2.9) that local planning authorities should consider when deciding which sites to allocate in development plans.

8.7 Concerning ecology issues, the Council’s Ecologist has highlighted the

likelihood of dormice being present on site, which are a European protected species (see paragraph 5.3). The Ecologist has no objection in principle to removal of the hedgerow fronting the site as he considers that the hedgerow is not a vital link to the wider hedgerow habitat and its removal would only comprise a small length (approximately 50 metres).

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8.8 It is likely that the frontage hedgerow would need to be removed in its entirety to accommodate a new 1.8 metre wide footway and visibility splays to serve the proposed new access to the site as required by the Operational Manager, Transportation (paragraph 5.1). Whilst new hedgerow planting could be provided to compensate for this loss, this would take some time to establish such that the removal of the existing hedgerow is considered to have a harmful impact on the rural character of this part of Druidstone Road. The Inspector also shared this view in dismissing the appeal in December 2007, considering that the hedgerow contributes to the rural character of the area.

8.9 It is noted that the Operational Manager, Transportation, has no objection to

the proposals subject to relevant conditions. 8.10 In view of the comments received from the Glamorgan Gwent Archaeological

Trust, it is considered that the archaeological considerations on the site have been satisfactorily met. It is noted that nothing of archaeological interest was found that could prevent development.

8.11 Regarding the outstanding objections raised by Local Members and residents

which have not already been addressed in this analysis:

(i) It is not considered that it can be successfully argued that the site is an unsustainable location and is poorly connected to the urban area;

(ii) The application site is at least 70 metres from the Druidstone Road Site of Importance for Nature Conservation (SINC) and does not share a boundary with it;

(iii) Whilst the site may have had a natural vegetation covering until recently, there was nothing to prevent its removal;

(iv) The application was accompanied by a Code for Sustainable Homes pre-assessment report;

(v) It is considered that the privacy of neighbouring dwellings could be satisfactorily safeguarded in any future detailed design;

(vi) The development is not considered to be a high density development as suitable private amenity space and off-street parking could be accommodated within the site and other sites along Druidstone Road are of a similar density;

(vii) The Local Development Plan (LDP) Policies referred cannot be considered as the progress of this Plan has been halted and a new LDP is being prepared; the new plan making process does not give weight to policies in an emerging plan;

(viii) As this is an outline application with all matters reserved, insufficient details have been submitted to draw conclusions regarding the acceptability of the design. It should also be noted that there is a variety of dwelling design along Druidstone Road;

(ix) Paragraph 5.9.4 of Technical Advice Note 12 contains guidance on the design of infrastructure and the need to avoiding the fragmentation of communities in its design as well as the need to create permeable access for all. No infrastructure is proposed other than the creation of a new access onto Druidstone Road and the creation of a new footway along the site frontage. The proposals could therefore be argued to

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improve access for all and are not of a scale that could fragment the local community;

(xiv) Paragraph 9.1.2 of Planning Policy Wales (PPW) relates to the creation of sustainable communities. The proposals are not considered to conflict with this guidance.

8.12 In conclusion, it is considered that the proposals would be in conflict with local

and national planning policies protecting development in the countryside, and the development of 4 no. dwellings and their associated outbuildings, together with the necessary removal of the existing frontage hedgerow, would result have a harmful impact on the rural character of this part of Druidstone Road. Despite the shortfall in housing land supply, this should not override existing policies protecting development in the countryside and it is therefore recommended that planning permission be refused for these reasons.

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LOCAL MEMBER OBJECTION, PETITIONS COMMITTEE DATE: 15/08/2012 APPLICATION No. 12/529/DCO APPLICATION DATE: 01/05/2012 ED: RHIWBINA APP: TYPE: Full Planning Permission APPLICANT: Mr Carlson LOCATION: LAND ADJACENT TO 15 CWM NOFYDD, RHIWBINA PROPOSAL: RETENTION OF DETACHED DWELLING ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to


1. 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 or any alteration undertaken to any roof.

Reason: To ensure the orderly development of the area with adequate space about buildings and in the interests of the visual amenity of the area.

2. Within 3 months of this approval a landscaping scheme shall be submitted

in writing to the Local Planning Authority for its approval. Thereafter the scheme shall be implemented within the next planting season. The submitted details shall include provision of a replacement tree for the Ash tree lost as a consequence of this development. Details of the species of the replacement shall be submitted together with its planted size, measures to provide any necessary soil enhancement and details of its subsequent maintenance.

Reason: In accordance with the special duty imposed by Section 197 of the Town and Country Planning Act 1990 in the interests of the visual amenity of the area.

3. The landscaping shall be carried out in accordance with the approved

scheme submitted in discharge of condition 3. 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 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 amenity of the area 4. The two parking spaces at the front of the property shall be maintained at

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all times and shall not be used for any purpose other than the parking of vehicles.


RECOMMENDATION 2: The applicant is advised to contact Welsh Water tel

08009172652 quoting reference number 2012/DCWW/80124. to assess the location of any sewers.

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Full planning permission is sought to retain the house with a rear dormer and

two parking spaces to the front. The house is finished in render to the first floor and facing brick to the ground floor.

1.2 Planning permission was granted in 2008 (planning reference 08/00193/W) for

a detached house without a dormer. The house that has been built is unauthorised due to the construction of the dormer at the same time as the house.

1.3 The application was presented at the August planning committee meeting

where it was deferred for a site visit which took place on the 5th September,2012

2. DESCRIPTION OF SITE 2.1 The area was formerly used for two flat roof garages which were located next

to a row of terrace and semi detached properties. The site is elevated higher than the adjoining properties.

2.2 The site is not located within a conservation area and nor are there any Listed

Buildings affected by this development. The Cwm Nofydd Estate is characterised by post war semi-detached / terraced housing. Immediately to the south is the car park of the Deri public house.

3. SITE HISTORY 3.1 08/193/W – Erection of a 3 bedroom house - approved. 3.2 07/2873/W – Withdrawn 3.3 9/394/N – detached dwelling and garage – refused overbearing and cramped

form of development 4. POLICY FRAMEWORK 4.1 The Crime and Disorder Act (1998) created a statutory partnership between

local authorities, the police and other key partners to work together in reducing crime and disorder in all aspects of their work. Section 17 of the Act states:

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“It is the duty of the authority to exercise its various functions with due regard to the likely effect on crime and disorder in its area and the need to do all that it reasonably can to prevent crime and disorder.”

4.2 Planning Policy Wales (2011)

4.3 Technical Advice Note: 9 (Enforcement), 10 (Trees), 12 (Design), 18 (Transportation).

4.4 Other National Guidance that is relevant: W/O 35/95 ‘Use of Conditions in Planning Permission’

4.5 The following policies found within the South Glamorgan (Cardiff Area)

Replacement Structure Plan (adopted 1997) are relevant to the determination of this application; EV 2 (Sustainable development).

4.6 The following policies found within the City of Cardiff Local Plan (adopted 1996) are relevant to the determination of this application; 11 (Design & Aesthetic Quality, 17 (Parking & Servicing facilities), 18 (Provision for cyclists) 30 (Insensitive or inappropriate infilling).

4.7 The following policies found within the deposit Cardiff Unitary Development

Plan (2003) are relevant to the determination of the application; 1.B (Achieving Good Design), 2.20 (Good Design), 2.24 (Residential Amenity)

4.8 Information contained within the following Supplementary Planning Guidance

is relevant to the determination of the application: Access, Circulation, Parking requirements (2010), Infill Design Guide (2010), Trees and Development (2007)’ Waste Collection and storage facilities (2007)

5. INTERNAL CONSULTEE RESPONSES 5.1 Operational Manager (Transportation) has no objections subject to conditions. 6. EXTERNAL CONSULTEE RESPONSES 6.1 Welsh Water has no objections. 7. REPRESENTATIONS 7.1 Eight neighbouring properties were notified. The following representations

were received:

• The owner of 15 Cwm Nofydd (adjoining property to the north east) objects to this application on the following grounds:

The dormer (not on the original plans) is causing overlooking, loss of privacy and overshadowing.

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The development is overbearing, out-of-scale and out of character to the existing neighbourhood.

The design, including materials are out of character with the area. • David Davies, chartered Surveyor, acting for the owners of 15 Cwm

Nofydd, believes that the scheme contravenes planning requirements in the following ways:

Harms the visual character of the area The substantial dormer window is both overbearing and out of scale and

character of the building. • The owner of 28 Cwm Nofydd objects on the following grounds: The house is higher and of a finish that is out of character with the area. Believes that the planning officials have made a serious mistake in

approving a house on this site. Questions the publicity requirement undertaken as part of the planning

process. • 19 Cwm Nofydd objects to this application on the following grounds The design, siting and its finish is out of character and keeping with the

area. The rear dormer is intrusive and unacceptable. The objector disputes the claim that the site has attracted illegal dumping. • The owner of 6 Heol Y Bryn objects to this development on the following

grounds: Adverse effect on the residential amenity of the adjoining neighbours Unacceptable height and density Out of keeping with the character of the neighbourhood Loss of views and value to property The owners have every sympathy with the plight of the owners of the next

door affected property and feel they deserve a far more understanding treatment in the sprit of the guidelines.

• R.O. Roberts, Architect, objects as a qualified architect living within the

area that squeezing this building onto the site is not in keeping with the character of the area which is made worse by the large rear dormer.

Also raises concerns over access to 15 Cwm Nofydd in an emergency. Believes there is insufficient parking. • Professor Cooke, FRSA, MRTPI objects to this application on the

following grounds: I write to express professional judgement on the dwelling constructed at

the above location. As you will appreciate, this has caused outrage among the many residents living nearby or directly affected. As a Chartered Town Planner of over forty years, I have to say I have never seen a more egregious example of 'shoehorning' on an inadequate site. The imperative to squeeze skywards to approach liveability has merely

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turned a mistaken design into a visual monstrosity and has three main concerns:

I am concerned at the obvious fact that the building is wholly out of keeping with its neighbours. This is especially pronounced in relation to the nearest street-neighbours in regard to scale (out of keeping by height), appearance (neither in keeping regarding render nor roof material) and shape (verticality to squeeze floorspace into an inappropriate site).

Second, proximity of boundaries is worrying technically. Presuming fire

regulations and other by-laws have been adhered to, it is clearly apparent that a conflagration could easily spread to the neighbouring property, especially given Cardiff's 'windy city' character.

Third, and finally, the overlooking of properties occasioned by the rear

dormer window is truly unacceptable given the preceding point about proximity. Permission should never be given for a dwelling on that site. It should absolutely not allow a top-floor dormer window (if permission ever was given for that). Instead, as a general rule in such impossible spaces upper floor fenestration should - as at the front - be restricted to a flat 'Velux' window, which would have been far less intrusive.

7.2 A petition of over 50 residents has been submitted, which supports the

retention of the dwelling. Also a petition of 300 signatures has been submitted against the development

7.3 The Local Ward Members have been notified and Cllr Cowan objects to this

scheme on the following grounds:

• The scale, height, massing and finish is out of character with the area and contrary to local and national policies which seeks good design to have regard to the character and context of the area

• The dormer is an intrusive feature that harms the amenity and privacy of the adjoining neighbours

8. ANALYSIS 8.1 Considerable concern has been raised by objectors to the scale, siting, design

and use of materials, which they consider has resulted in an alien incongruous form of design. Whatever opinion Members of Committee may hold on the aesthetic merit of the proposal they should be mindful of the applicant’s fall back position. In 2008 planning permission was granted for the work as it currently stands but without the dormer window it now possesses. At that time the application was the subject of a single representation objecting to the proposal. The grounds for objection were the height of the dwelling in relation to the neighbour at no. 15. The objector felt this would result in a loss of light and the single storey annex would appear to be two storey when viewed from No. 15. planning permission was granted. That development can still be built by removing the dormer and roofing over to accord with the approved plans.

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8.2 The 2008 approved plans did not show a dormer. It is acknowledged by

officers that the dormer emphases the verticality of the development and is not itself a sensitive example. However, the planning permission did not remove permitted development rights to construct such a dormer extension since none of the neighbour properties had such control. The community may wish the dormer removed but it could be rebuilt exactly the same using the permitted development rights from the 2008 permission if the 2008 development is completed in accordance with the approved plans. It is considered therefore that seeking enforcement action to remove the dormer would be irrational given this fall back position.

8.3 The representations received take no account of the fall back position and

seek to have the matter determined as if the lawful permission did not exist, they should in this case be set aside insofar as they revisit matters that have been determined i.e. height, appearance and impact on the neighbours.

8.4 In light of the addition of the dormer to the development is built it is considered

reasonable to remove ‘permitted development’ rights that would otherwise have if planning permission is granted to retain the building as it stands.

8.5 Allegations that the submitted plans are inaccurate have been noted but they

are believed to be a reasonable representation of that which sought to be retained.

8.6 Given the fall back position, as outlined above, officers recommend approval

of the development, subject to a condition to provide landscaping which has yet to be completed together with one to retain off street parking (these conditions were attached to the original consent) and removal of ‘permitted development’ rights.

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pl0136

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AS APPPROVED IN 2008 (REFERENCE 08/000193/W)

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/910/DCO APPLICATION DATE: 30/05/2012 ED: CANTON APP: TYPE: Full Planning Permission APPLICANT: Ely Bridge Development Company Ltd LOCATION: FORMER ARJO WIGGINS, OLD MILL BUSINESS PARK, SANATORIUM ROAD, CANTON, CARDIFF, CF11 8DS PROPOSAL: SITE REMEDIATION INCLUDING BREAKING UP, CRUSHING AND STOCKPILING OF CONCRETE HARD STANDINGS AND FOUNDATIONS, EXCAVATION AND RE- COMPACTION OF MADE GROUND, APPROPRIATE TREATMENT OF CONTAMINATION, REMOVAL OF DRAINS AND SERVICES AND TREATMENT OF JAPANESE KNOTWEED AND ANY OTHER ASSOCIATED WORKS ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to


1. C01 Statutory Time Limit 2. Prior to the commencement of the development an assessment of the

nature and extent of contamination shall be submitted to and approved in writing by the Local Planning Authority. This assessment must be carried out by or under the direction of a suitably qualified competent person * in accordance with BS10175 (2011) Code of Practice for the Investigation of Potentially Contaminated Sites and shall assess any contamination on the site, whether or not it originates on the site.

The report of the findings shall include: (i) a desk top study to identify all previous uses at the site and

potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters. The desk study shall establish a ‘conceptual site model’ (CSM) which identifies and assesses all identified potential source, pathway, and receptor linkages;

(ii) an intrusive investigation to assess the extent, scale and nature of

contamination which may be present, if identified as required by the desk top study;

(iii) an assessment of the potential risks to:

• human health, • groundwaters and surface waters • adjoining land, • property (existing or proposed) including buildings, crops,

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livestock, pets, woodland and service lines and pipes, • ecological systems, • archaeological sites and ancient monuments; and • any other receptors identified at (i)

(iv) an appraisal of remedial options, and justification for the preferred remedial option(s).

All work and submissions carried out for the purposes of this

condition must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR 11’ (September 2004) and the WLGA / WAG / EA guidance document ‘ Land Contamination: A guide for Developers’ (2012), unless the Local Planning Authority agrees to any variation.

* A ‘suitably qualified competent person’ would normally be

expected to be a chartered member of an appropriate professional body (such as the Institution of Civil Engineers, Geological Society of London, Royal Institution of Chartered Surveyors, Institution of Environmental Management) and also have relevant experience of investigating contaminated sites.

Reason: To ensure that information provided for the assessment of the risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems is sufficient to enable a proper assessment in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

3. Prior to the commencement of the development a detailed remediation

scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, controlled waters, buildings, other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

All work and submissions carried out for the purposes of this condition

must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR 11’ (September 2004) and the WLGA / WAG / EA guidance document ‘ Land Contamination: A guide for Developers’ (July 2006), unless the Local Planning Authority agrees to any variation.

Reason : To ensure that any unacceptable risks from land contamination

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to the future users of the land, neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan.

4. The remediation scheme approved by condition 3 must be fully

undertaken in accordance with its terms prior to the occupation of any part of the development unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Within 6 months of the completion of the measures identified in the

approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

All work and submissions carried out for the purposes of this condition

must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR 11’ (September 2004) and the WLGA / WAG / EA guidance document ‘ Land Contamination: A guide for Developers’ (July 2006), unless the Local Planning Authority agrees to any variation. Reason : To ensure that any unacceptable risks from land contamination to the future users of the land , neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan

5. In the event that contamination is found, at any time when carrying out the

approved development, that was not previously identified it must be reported in writing within 2 days to the Local Planning Authority, all associated works must stop until a scheme to deal with the contamination found has been approved. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1 (above), and where remediation is necessary a remediation scheme and verification plan must be prepared in accordance with the requirements of condition __ (PC-CL.2above) and submitted to and approved in writing by the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme, a verification report must be submitted to and approved in writing by the Local Planning Authority. Reason : To ensure that any unacceptable risks from land contamination to the future users of the land , neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the

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development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan

6. A monitoring scheme, to include as a minimum 12 weeks post

remediation monitoring, to assess the long-term effectiveness of the proposed remediation scheme and a provision of reports on the same must, be submitted to and approved by the Local Planning Authority, prior to the occupation of any approved building or commencement or any approved use.

Following completion of the measures identified in that scheme and when

the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring must be produced, and submitted to the Local Planning Authority.

Reason : To ensure that any unacceptable risks from land contamination to the future users of the land , neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan

7. Prior to the commencement of any development works a scheme to

investigate and monitor the site for the presence of gases* being generated at the site or land adjoining thereto, including a plan of the area to be monitored, shall be submitted to the Local Planning Authority for its approval.

Following completion of the approved monitoring scheme, the proposed details of any appropriate gas protection measures which may be 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 shall be submitted to and approved in writing to the local planning authority. All required gas protection measures shall be installed and appropriately verified before occupation of any part of the development which has been permitted and the approved protection measures shall be retained and maintained until such time as the Local Planning Authority agrees in writing that the measures are no longer required. * ‘Gases’ include landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. Gas Monitoring programmes should be designed in line with current best practice as detailed in CIRIA 665 and or BS8485 2007 Code of Practice for the Characterization and Remediation from Ground Gas in Affected Developments. Reason: To ensure that the safety of future occupiers is not prejudiced in

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accordance with policy 2.63 of the Cardiff Unitary Development Plan

8. 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 which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes.

Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced in

accordance with policy 2.63 of the Cardiff Unitary Development Plan. 9. 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 which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes.

Subject to approval of the above, sampling of the material received at the

development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by the LPA.


accordance with policy 2.63 of the Cardiff Unitary Development Plan. 10. Any site won material including soils and aggregates shall be assessed

for chemical or other potential contaminants in accordance with a sampling scheme which shall be submitted to and approved in writing by the Local Planning Authority in advance of the reuse of site won materials. Only material which meets site specific target values approved by the Local Planning Authority shall be reused.


accordance with policy 2.63 of the Cardiff Unitary Development Plan 11. No remediation works shall take place until a method

statement/environmental management plan has been submitted to and approved in writing by the local planning authority. This shall deal with the treatment of any environmentally sensitive areas, their aftercare and maintenance as well as a plan detailing the works to be carried out

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showing how the environment will be protected during the works. Such a scheme shall include details of, but not be confined to, the following:

• The timing of the works • The measures to be used during the remediation in order to

minimise environmental impact of the works (considering both potential disturbance and pollution)

• Construction methods • Any necessary pollution protection methods • Information on the persons/bodies responsible for particular

activities associated with the method statement that demonstrate they are qualified for the activity they are undertaking

• The protection of any connections to onward surface waters which may be affected during works to remove existing drains.

The remediation works shall be carried out in accordance with the approved method statement.

Reason: To prevent the deterioration of the water quality of the River Ely, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan.

12. Prior to the commencement of development, a detailed scheme for the

treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include 1. A detailed current survey of Japanese Knotweed on site, including

the rooting zone (up to 7m) around the Knotweed stand. 2. A written proposal for the treatment and disposal of soils affected by

Japanese Knotweed and any removed Knotweed stems, including notification of the contractor carrying out the work.

3. Measures that will be used to prevent the spread of Japanese Knotweed during any operations such as mowing, strimming or soil movement.

4. Where land is to be transferred to Cardiff Council, as public open space or other uses, a detailed plan showing areas of treated Knotweed, or Knotweed buried and treated on site in accordance with recommendations.

Such a scheme shall accord with the advice in the publication: Managing Japanese Knotweed on Development Sites: The Knotweed Code of Practice (Environment Agency 2006). Thereafter the development shall be carried out in accordance with the approved scheme.

Reason : To ensure the safe destruction and prevention of spread of Japanese Knotweed, in the interests of biodiversity and the control of contamination, in accordance with policy 2.63 of the deposit Cardiff Unitary Development Plan and Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006).

13. Prior to commencement of the site remediation a scheme of site

management shall be submitted to and approved by the Local Planning Authority, to include details of vehicles (numbers/type), traffic routes, site

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hoardings, site access (including temporary), position of haul roads, details of the location of compounds for the storage of plant and materials, plant and wheel washing facilities and parking of contractors vehicles. The remediation shall be managed strictly in accordance with the scheme so approved. The submitted details shall include a trespass resistant fence which will prevent public access to the adjacent railway land.

Reason: In the interests of highway safety, public safety and amenity, in accordance with policies 2.20 and 2.57 of the deposit Cardiff Unitary Development Plan.

14. Prior to commencement of development a method statement shall be

submitted to and approved by the Local Planning Authority to include an assessment of the impact of any works adjacent to the retaining wall to the north of the site supporting Cowbridge Road West together with details of working adjacent to this structure. The works shall be managed strictly in accordance with the scheme so approved.

Reason: To ensure that the works do not affect the stability of the retaining wall and supported carriageway and interfere with the safety and free flow of traffic passing along the highway abutting the site, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.

15. No removal of trees, shrubs, bushes or hedgerows shall take place

between 1st February and 15th August without the prior written approval of the Local Planning Authority.

Reason: To avoid disturbance to nesting birds, in accordance with paragraph 5.2.8 of Planning Policy Wales (2011).

16. No materials, waste, arisings or plant shall be stored or operated within

the River Ely Site of Importance for Nature Conservation, or be allowed to fall, be washed or be blown into it.

Reason: To protect the features of interest for nature conservation for which the Site of Importance for Nature Conservation has been designated, in accordance with policy C8 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 and policy 2.47 of the deposit Cardiff Unitary Development Plan (2003).

17. 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 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. It shall include details of on-site monitoring of tree protection and tree condition that shall be carried out throughout the development and for at least two years after its completion. A Tree Protection Plan (TPP) in the form of a scale drawing showing the finalised layout and the tree and landscaping protection methods detailed

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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 and the measures for their protection, to monitor compliance and to make good losses, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan.

18. Prior to the commencement of development in the areas identified as

potential reptile (slow worm) habitats in Figure 7 of the Ecological Impact Assessment, reptile translocation shall take place in accordance with the methodology set out in Section 5.1 of the Ecological Impact Assessment to a site or sites that shall first be agreed with the Local Planning Authority. For the avoidance of doubt, once each of the separately identified areas has been free of reptiles (slow worms) for 5 clear consecutive days following translocation, those areas may be developed on a phased basis. The results of the post-translocation monitoring of the receptor site(s), carried out in accordance with the approved methodology, shall be submitted to the Local Planning Authority for approval within one month of completion of the monitoring, along with a strategy for long term management of the receptor site and future monitoring, and the long term monitoring and management of the receptor site(s) shall be carried out in accordance with the approved strategy.

Reason: In the interests of biodiversity and the protection of a UK Protected Species, in accordance with policy 2.48 of the deposit Cardiff Unitary Development Plan and paragraph 5.5.11 of Planning Policy Wales (2011).

19. Prior to the commencement of development, a method statement shall be

submitted to and approved in writing by the Local Planning Authority which shall give details of how it will be ensured that the vegetation along the river corridor continues to be used as a commuting route by bats and otter.

Reason: In the interests of biodiversity and the protection of European Protected Species, in accordance with policy 2.48 of the deposit Cardiff Unitary Development Plan and paragraph 5.5.11 of Planning Policy Wales (2011).

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

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any proposed piling operations. RECOMMENDATION 3: The applicant is advised that the treatment and

disposal of contaminated soils and groundwater is regulated by waste legislation and requires an environmental permit. This development will require an Environmental Permit under the Environmental Permitting (England and Wales) Regulations 2010, unless a waste exemption applies. The applicant is advised to contact the Environment Agency’s Environment Management Team on 029 2024 5188 to discuss the issues likely to be raised.

RECOMMENDATION 4: The applicant is advised to follow the risk

management framework provided in the document CLR11, Model procedures for the management of land contamination and the WLGA / WAG / EA guidance document ‘ Land Contamination: A guide for Developers’ (2012) when dealing with land affected by contamination and also refer to the Environment Agency’s Guiding principles for land contamination for the type of information required in order to assess risks to controlled waters from the site.

RECOMMENDATION 5: The Environmental Protection (Duty of Care)

Regulations 1991 are applicable to any off-site movements of waste. If any controlled waste is to be moved off site, the site operator must ensure that a registered waste carrier is used to convey the material to a suitably permitted facility and that all relevant documentation is completed and kept in line with the regulations. If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or permit from the Environment Agency.

RECOMMENDATION 6: Excavated materials that are recovered via a

treatment operation can be re-used on-site under the CL:AIRE Definition of Waste: Development Industry Code of Practice. This provides a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste. Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid delays. For further guidance on how waste is classified and best practice for its handling, transport, treatment and disposal, please refer to the waste pages at: http://www.environment-agency.gov.uk/business/topics/waste/default.aspx

RECOMMENDATION 7: Excavated material containing Japanese Knotweed

must be treated as ‘controlled waste’ under the Waste Management regulations which control its transport from site and subsequent disposal. Only a properly licensed organisation can remove this waste to a licensed waste facility. It is an offence under the Wildlife and Countryside Act 1981 to knowingly plant or cause Japanese Knotweed to spread in the wild. Treatment of Japanese Knotweed should be carried out in accordance with the following documents:

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1) “The Control of Japanese Knotweed in Construction and Landscape Contracts” (Welsh Government 2011 - available from www.wales.gov.uk)

2) “Managing Japanese Knotweed on Development Sites: The Knotweed Code of Practice” (The Environment Agency 2006 - available from www.environment-agency.gov.uk)

3) “Japanese Knotweed and Residential Property” (RICS 2012 - available from www.rics.org for RICS members).

RECOMMENDATION 8: In the event of pollution entering the River Ely,

Cardiff Harbour Authority’s Barrage Control team should be informed immediately on 02920 700234. This number is manned 24 hours a day.

RECOMMENDATION 9: The applicant is advised that Cardiff Harbour

Authority has a monitoring borehole adjacent to the southern boundary fence of the former paper mills (at approximate NGR 315342 176278). A plan is attached showing the approximate location. This installation should be marked and protected during the remediation works.

RECOMMENDATION 10: The applicant is advised that flood defence consent

will not be required providing there are no works in, under or over the River Ely or within 7 metres of the top of the river bank (this includes the storage of any materials). There should be no stockpiling or storage of materials in the floodplain unless in broken heaps parallel to the direction of flood flow. Clarification regarding this issue can be obtained from the Environment Agency Wales (Carl Llewellyn, Flood Risk Analysis Team, 029 20245010).

RECOMMENDATION 11: A public watermain crosses the application site,

with the approximate position being marked on the attached record plan. Dwr Cymru Welsh Water recommend that no development, including the raising or lowering of ground levels, will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone, please contact Dwr Cymru Welsh Water’s Developer Services on 0800 917 2652.

RECOMMENDATION 12: No work should be carried out on the development

site that may endanger the safe operation of the railway or stability of the railway structures and adjoining land. In view of the close proximity of these proposed works to the railway boundary the developer must contact Alan Bannister at Network Rail on [email protected] before works begin.

RECOMMENDATION 13: To prevent flooding of the adjacent railway

infrastructure, there must be no reduction in the effectiveness of any drain or watercourse belonging to Network Rail and no interference to any existing drainage rights that Network Rail enjoys. No increased flows of storm or surface water should be discharged onto the railway land or into any culvert that passes beneath the railway without the prior approval of Network Rail. No soakaways should be constructed within 20 metres of the boundary with the railway land or at any point which could adversely affect the stability of Network Rail infrastructure.

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RECOMMENDATION 14: Cranes and jibbed machines used in connection with the works should be so positioned that the jib or any suspended load does not swing over railway infrastructure or within 3 metres of the nearest rail if the boundary is closer than 3 metres. All cranes, machinery and constructional plant should be so positioned and used to prevent the accidental entry onto railway property of such plant, or loads attached thereto, in the event of failure.

RECOMMENDATION 15: In the interests of the safe operation of the adjacent

railway, any floodlighting used during the remediation operations should be located so as not to present a dazzle hazard to the drivers of trains on the adjacent railway line and should not be coloured in such a way that it would conflict with any railway signalling system. Any proposed lighting schemes should be submitted to Network Rail for prior approval.

RECOMMENDATION 16: In order to protect the stability of Network Rail

property no operations should take place within a lateral distance of 5 metres from the railway boundary, and outside that distance no excavation should take place that will encroach upon the plane drawn at 1 vertical to 1 horizontal downwards from the 5 metres standoff. This standoff should not be used as a haul road. No material should be tipped or stockpiled within 10 metres of the Network Rail boundary.

RECOMMENDATION 17: The developer is advised that there may be

unrecorded surface water culverts on the development site. If any such culverts are discovered, the developer should contact the Council’s Principal Drainage Engineer immediately for further advice.

RECOMMENDATION 18: Where any species listed under Schedules 2 or 4 of

the Conservation of Habitats and Species Regulations 2010 is present on the site in respect of which this permission is granted, no works of site clearance, demolition or construction should take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations.




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.

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• Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances.







1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 The application relates to remediation works including the breaking up,

crushing and stockpiling of concrete hardstandings and foundations, excavation and re-compaction of made ground, treatment of contamination, removal of drains and services and treatment of Japanese knotweed. Its purpose is to enable all initial, intrusive decontamination work to be undertaken on this site prior to its redevelopment for predominantly residential use. The remediation works are to be carried out as a separate activity in advance of the main infrastructure and site development works and a series of further planning applications are to be made in the near future relating to other detailed aspects of site development.

1.2 No significant changes to the topography of the site are proposed. There will

be a short term, minor reduction in ground level and the formation of temporary mounds of material within the site. A 7m wide strip of land alongside the banks of the River Ely will remain unaffected.

1.3 Concrete hardstandings and foundations will be broken up, crushed and

graded for re-use. The average thickness of the concrete is 0.3m. Underlying fill material to a depth of between 0.5m and 2m will also be excavated, processed and treated where necessary before being re-compacted. Any organic contamination may require bio-remediation, and grossly contaminated material will be removed from the site.

1.4 Following remediation, it is intended to replace around 0.15m of the crushed

and graded concrete as a temporary cover with the remainder, together with tarmac and topsoil, set aside in temporary stockpiles in the northern part of the site where such stockpiles already exist. These materials will subsequently be re-used in forming roads/hardstandings and subsoil etc as part of the future site development works.

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1.5 It is estimated that the resulting surface level of the site following remediation will be around 0.2m – 0.3m lower than current site levels. This level would be made up during the subsequent redevelopment of the site.


2.1 The site is around 16.5 hectares in size and is located adjacent to the

eastern bank of the River Ely, to the south west of an embankment carrying the City (Radyr) railway line and the railway from Cardiff to Swansea, which runs alongside Cowbridge Road East. At its northern end the site borders onto Cowbridge Road West for a distance of approximately 150 metres where that road descends from the Ely Bridge roundabout to the bridge over the river.

2.2 The frontage onto the river Ely is approximately 1,000m in length. The site

varies in width between around 32m and 300m. It is generally level throughout and is mostly covered with hardstandings and slabs associated with past industrial use. Buildings and other structures have been demolished but old foundations and underground structures remain.

2.3 A line of mature trees runs along the southern boundary of the site

separating it from playing fields to the south. The majority of the site is separated from the surrounding areas by the river and railway lines. An area of industrial units and warehouses is situated on Sanatorium Road and Paper Mill Road close to the eastern site boundary, beyond which is a predominately residential area. To the south of the site, playing fields extend several hundred metres towards the A4232 (Ely Link Road) eventually merging with the Fitzalan School playing fields. Part of this area, abutting the south eastern corner of the application site, is shortly to be developed as a new primary school.

2.4 An industrial/warehousing area and mental health rehabilitation unit are

situated on the opposite side of the river facing the northern part of the site, with a large area of allotments bordering the river opposite the southern part.

3. SITE HISTORY

3.1 04/02749 – Mixed use scheme comprising up to 900 dwellings, live/work

units, employment and associated commercial uses, new highway access and publicly accessible green space. Planning Committee resolved to grant permission 18/01/2006 subject to a S106 obligation relating to sustainability, affordable housing, transportation, open space, community facilities and provision of live/work units. The S106 obligation has not been signed.

3.2 04/01295 – Area of flat standing for storage of Millennium Stadium pitch whilst

it is being used for non-grass events. 3.3 02/02217 – Paper loading, storage and converting facility in existing units 1, 2

and 3 and erection of boiler room extension and canopy and enclosure etc.

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3.4 01/00631 – Confirmation of office use on former Ely Paper Mill offices B1.

Demolition of existing shed to provide car park and erection of fence. 3.5 97/00909 – Minor civil engineering works to raise a length of flood bund along

the River Ely. 3.6 97/00263 – Extension of existing building for machinery and material transfer. 3.7 A/02/81 – Relocation of 3 96-sheet panels and fencing. 3.8 A/01/189 – Erection of 3 96-sheet panels with infill and additional fencing to

screen site. 4. POLICY FRAMEWORK

4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011:

EV1 (Towards sustainable development); EV2 (Urban Regeneration); EV4 (Pollution); B2 (Improvement of Environmental Quality); C8 (Protection of Water Resources).

4.2 Cardiff Local Plan –

10 (Contaminated or Unstable Land); 4.3 Deposit Cardiff Unitary Development Plan –

2.15 (Land South of Ely Bridge); 2.48 (Biodiversity);

2.50 (Ancient Monuments and other Archaeological Remains); 2.57 (Access, Circulation and Parking Requirements); 2.58 (Impact on Transport Networks); 2.61 (Protection of Water Resources); 2.62 (Flood Risk); 2.63 (Contaminated and Unstable Land); 2.64 (Air, Noise and Light Pollution).

4.4 Planning Policy Wales (2011):

4.4.2: Planning policies and proposals should (inter alia): • Minimise risks relating to unstable land, contaminated land and flooding • Contribute to the protection and improvement of the environment so as to

improve the quality of life and protect local and global ecosystems • Contribute to the protection and improvement of people’s health and well-

being. 5.2.8: Local Authorities must address biodiversity issues, insofar as they relate to land use planning, in development control decisions. 5.5.1: The effect of a development proposal on the wildlife or landscape of any area can be a material planning consideration. It is important to balance conservation objectives with the wider economic needs of local businesses and communities.

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5.5.2: When considering any development proposal, local planning authorities should consider environmental impact. 5.5.4: In applications likely to result in disturbance to a protected species, local planning authorities should seek the advice of CCW. 5.5.5: Statutory designation does not necessarily prohibit development but proposals must be carefully assessed for their effect on those natural heritage interests which the designation is intended to protect. 5.5.11: The presence of a species protected under UK or European legislation is a material consideration. Local planning authorities should advise applicants that they must conform to any species protection provisions and should consult CCW. An ecological survey and assessment of likely impact on a protected species may be required. 5.5.12: Developments which would contravene the protection afforded to European Protected Species require derogations from the provisions of the Habitats Directive. Derogations are granted by a licence issued by the Welsh Assembly Government. Derogations are only authorised if i) there is no satisfactory alternative; ii) if the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range; iii) the development works to be authorised must be for the purposes of preserving “public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment”. Local planning authorities are under a duty to have regard to the requirements of the habitats Directive. To avoid developments with planning permission not subsequently being granted derogations, planning authorities should take the three requirements for derogation into account when considering development proposals where a European Protected Species is present. 8.7.3: The proposed access to a development should reflect the likely travel patterns involved. 13.7.2: where significant contamination issues arise, the local planning authority will require evidence of a detailed investigation and risk assessment prior to determination of the application. Planning permission may be granted subject to conditions specifying necessary remedial measures or may be refused if contamination cannot be overcome satisfactorily.

4.5 Natural Environment and Rural Communities Act 2006, Section 40: Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

4.6 Technical Advice Note 15 – Development and Flood Risk (July 2004). 4.7 Welsh Office Circular 22/87 – Development of Contaminated land. 5. INTERNAL CONSULTEE RESPONSES 5.1 Operational Manager Transportation: No objections. The application states

that those soils arising from the remediation will be re-used within the

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curtilage of the site and as such that there will be minimal vehicular movement to/from the site once the works have commenced. However, no details are provided with regard to the number/type of vehicles that will be arriving at the site and as such this information is requested within a management plan condition.

5.2 There are concerns relating to the existing retaining wall at the north of the

site supporting Cowbridge Road West which will require an assessment of the potential impact of any construction or works adjacent, in order to ensure that any such work does not affect the stability of the retaining wall and supported carriageway. As such a method statement will be required for this element of the works.

5.3 Chief Officer Highways and Waste Management (Drainage): It is noted that

there is an ongoing consultation with the EA in relation to existing ground contamination and the potential flood risks within the proposed development area. From the perspective of proposed new foul and surface water drainage from the development, the comments of DCWW in relation to an existing public sewer are also noted. Several previously unrecorded surface water culverts were recently discovered on an adjacent site and there is a possibility that such services may be found on the development site that are currently unrecorded.

5.4 Chief Officer Culture, Leisure and Parks (Parks Services): Some discussions

regarding knotweed treatment have already been held with Parks Services. The presence of Japanese Knotweed on the site requires a detailed treatment plan. The plan for knotweed to be retained on site and treated within a dedicated treatment zone seems a sensible approach. Planning conditions would be required to ensure that the developer/applicant undertakes a detailed current survey of Japanese Knotweed on site, provides a written proposal for the treatment and disposal of soils affected by Japanese Knotweed and any removed Knotweed stems and, where land is to be transferred to Cardiff Council, as public open space or other uses, a detailed plan will be required showing areas of treated Knotweed, or Knotweed buried and treated on site in accordance with recommendations. Ideally, in order to ensure that Knotweed receives the correct treatment, there should also be a clause stating that the developer/applicant shall remain responsible for treating re-emergence of Japanese Knotweed on land transferred to the Council within 5 years of transfer of ownership. This is line with responsibility for maintaining planting over the five year period following completion of a scheme.

5.5 Pollution Control (Noise & Air): Standard recommendation regarding

construction site noise. 5.6 Pollution Control (Contaminated Land): Due to the significant historic

industrial former use of this site, significant contamination is present as has been previously identified by numerous site investigations and risk assessments undertaken at this site. The contamination issues present at this site require further consideration and therefore in order to ensure that the

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site can be developed to ensure that there are not any unacceptable risks to the site end users and the wider environment, Pollution Control recommends that conditions are placed on any approved permission relating to assessment of contamination, a remediation scheme and verification plan, implementation of the remediation scheme and issue of a verification report, unsuspected contamination, a monitoring scheme, ground gas assessment and protection measures, importation of soils and aggregates and the re-use of site won materials.

5.7 Chief Officer Highways and Waste Management (Waste): No observations or

objections. 5.8 Cardiff Harbour Authority: Cardiff Harbour Authority have a monitoring

borehole adjacent to the southern boundary fence of the former paper mills. A clause is required to ensure this installation is marked and protected during the construction works.

5.9 The Environment Agency’s PPG6 (Pollution Prevention Guidelines – Working

at Construction and Demolition Sites) should be adhered to at all times. In the event of pollution entering the River Ely, Cardiff Harbour Authority’s Barrage Control team should be informed immediately.

6. EXTERNAL CONSULTEES RESPONSES 6.1 Welsh Water: A public water main crosses the application site. No

development (including the raising or lowering of ground levels) will be permitted within the safety zone. Standard conditions for development near water mains apply.

6.2 Environment Agency Wales: Groundwater and contaminated land: No

objection to the proposed development, but would like conditions to be included relating to preliminary risk assessment, site investigation, a remediation strategy, a verification plan, longer-term monitoring and maintenance.

6.3 Flood risk. Providing the activities are for remediation works only, as

discussed within the documents that accompany this application, with particular reference to “The Mill – Remediation Works Flooding’’ undertaken by Arup, dated May 2012, we have no adverse comments to provide from a flood risk perspective. However, if any land raising or development is proposed for the site then we must be re-consulted because a Flood Consequences Assessment (FCA) would be required.

6.4 We would request that there should be no stock piling or storing of

materials in the floodplain unless in broken heaps parallel to the direction of flood flow.

6.5 Providing there are no works in, under or over the River Ely or within 7 metres

of the top of the riverbank (this includes the storage of any materials) then flood defence consent will not be required.

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6.6 Biodiversity. The proposed development site is bordered by the River Ely,

which is a designated main river and a heavily modified watercourse. In line with the Water Framework Directive, we strongly recommend that the proposed development should be used as an opportunity to restore the watercourse and the floodplain to a natural channel. As well as meeting the requirements of the River Basin Management Plan, this would also be a clear, tangible and significant environmental gain in terms of the character of the area and nature conservation.

6.7 The Agency supports the applicant’s intention to undertake surveys of otters,

reptiles, bats and breeding birds and the mapping of invasive non native plant species such as Japanese knotweed and Himalayan Balsam. Since there are concerns over water quality and pollution risks during remediation, and given that the Severn River Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies, conditions are requested relating to the provision of a method statement/environmental management plan to deal with the treatment of any environmentally sensitive areas, their aftercare and maintenance as well as a plan detailing the works to be carried out showing how the environment will be protected during the works. A condition is also required to prevent the spread of Japanese Knotweed, which is an invasive species. Without it, avoidable damage could be caused to the nature conservation value of the site.

6.8 Pollution prevention. The treatment and disposal of contaminated soils and

groundwater is regulated by waste legislation and requires an Environmental Permit under the Environmental Permitting (England and Wales) Regulations 2010.

6.9 The proposed development lies partially on the Sanatorium Road former

landfill site that accepted inert waste material and there may be potential for landfill gas to be generated.

6.10 If any controlled waste is to be moved off site, then the site operator must

ensure a registered waste carrier is used to convey the waste material to a suitably permitted facility. The developer as waste producer has a duty of care to ensure all materials removed go to an appropriate permitted facility and all relevant documentation is completed and kept in line with regulations. If any waste is to be used on site, the applicant will be required to obtain the appropriate waste exemption or permit from the EA.

6.11 Countryside Council for Wales: CCW does not object to the application

provided appropriately worded conditions are imposed. Subject to the implementation of suitable mitigation to ensure the river corridor is not affected we do not consider the proposed development will result in a detriment to the maintenance of the favourable conservation status of the European protected species present. Before works commence, a method statement should be agreed with the Local Planning Authority, in consultation with CCW, to ensure that vegetation along the river corridor continues to be used as a commuting route by bats and otter.

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6.4 Wales and West Utilities: No comments received. 6.5 Health and Safety Executive: No comments received. 6.6 Western Power Distribution: No comments received. 6.7 Network Rail: No work should be carried out on the development site that

may endanger the safe operation of the railway or the stability of Network Rail’s structures and adjoining land. In particular, the demolition of buildings or other structures must be carried out in accordance with an agreed method statement. Care must be taken to ensure that no debris or other materials can fall onto Network Rail land. Conditions are requested relating to the distance between extractive operations and railway land, drainage, plant and machinery, fencing, site levels, lighting, turning spaces, restoration and liaison.

7. REPRESENTATIONS 7.1 The application has been advertised by site notice, press notice and

neighbour notification. One letter has been received, objecting on the grounds that road access for the businesses on Sanatorium Road is already poor, particularly at the Broad Street roundabout which is the only access to the site. At busy times it is single width due to parked cars.

8. ANALYSIS 8.1 The proposal accords with national planning policy which seeks to encourage

the full and effective use of land in urban areas and the re-use of sites which have previously been developed in preference to development on new sites outside of existing settlement boundaries. Effective site remediation will make it possible to redevelop of the site for residential and other uses. The site is allocated for business, industry and warehousing use in the Cardiff local Plan but is designated as an “action area” (Land South of Ely Bridge) in the deposit Unitary Development Plan, which states that the site will be redeveloped for a mixed-use development including employment, residential and associated uses and a public transport node/interchange.

8.2 Therefore there are no policy objections to the proposed remediation works,

and it should be noted also that the Council has previously resolved to grant outline planning permission for a mixed use scheme comprising up to 900 dwellings (04/02749/W). The main issues to be considered with regard to this application are the suitability of the remediation proposals having regard to the anticipated future use of the site, the impact on European protected species and the River Ely Site of Importance for Nature Conservation (SINC), the impact of the remediation works on the amenities of nearby residents, the control of pollution during the works and the management of construction traffic.

8.3 With regard to the suitability of the proposed remediation works and the

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control of pollution during the works, the Environment Agency and the Council’s Pollution Control officer have no objections subject to appropriate conditions, which are included at recommendation 1 above.

8.4 With regard to the impact on wildlife, otters and bats are European protected

species which are known to use the site and/or the adjacent River Ely. The site has been surveyed for the presence of such species, along with other protected species (breeding birds, water vole and reptiles) and an Ecological Impact Assessment has been submitted. This concludes that otters only pass along this stretch of the river on an occasional basis and are unlikely to make significant use of the site due to human presence. The Council’s ecologist has noted that the Assessment does not mention the area of vegetation to the extreme northwest of the site, which is to be removed, and that this should have been surveyed for otter couches or lying-up areas. The Assessment should report on these surveys, or if none were undertaken, provide justification as to why the area was not considered suitable for otter use. The areas of trees within the site, along with the river corridor, are assumed as a result of the surveys to be used by bats as commuting and foraging areas.

8.5 The Ecological Impact Assessment concludes that the proposed remediation

works will result in the loss of all habitats present within the majority of the site, with the only areas unaffected being the strip alongside the river, a 10m wide strip adjacent to the railway land on the eastern side of the site and the tree line on the southern edge. However, as the majority of the site comprises areas of hardstanding and demolition waste, the area of grassland habitat that will be lost is relatively small. The River Ely SINC will not be directly affected by the remediation works. Noise from the works could affect species that use the river corridor but this would be a minor impact. The development will not affect breeding birds as the works are programmed to commence outside the bird breeding season, and loss of invertebrate habitat will be insignificant.

8.6 The greatest impact on protected species will be the loss of habitat for reptiles

and foraging bats and the potential death or injury of slow worms (reptiles) if they are not translocated from the site before the works commence. The assessment recommends a strategy for translocation of slow worms to a receptor site and post-translocation monitoring. The translocation has to be carried out before daily temperatures fall below 8 degrees Celsius, when the reptiles become inactive, therefore a receptor site has already been identified (with the approval of the Council’s ecologist and parks officer) and the translocation has commenced. Condition 18, recommended above, will ensure that adequate monitoring and long term management of the receptor site takes place.

8.7 Following the completion of the remediation work it is intended that further

planning applications will be submitted for infrastructure and residential development, which will include the creation of a green corridor along the river and the planting of trees within the site. This will provide replacement habitats for breeding birds and foraging/commuting bat species as well as invertebrates and can be secured via planning conditions attached to future permissions, which could also require a pond as replacement for the

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ephemeral pond that is currently used for breeding by frogs. 8.8 The remediation works will involve the removal of a number of trees from the

site. Ideally, all suitable trees on an application site should be retained and protected during the course of development, but in this case the remediation works will involve extensive excavation and temporary changes in ground levels across the whole site, which is not conducive to the retention of trees. The majority of the trees to be lost are category C or U (low or very poor quality), none are protected by Tree Preservation Orders and the future redevelopment of the site will be expected to involve the planting of many more trees than are to be removed. A significant band of trees along the southern boundary will be retained, along with those within the undisturbed strip alongside the river, and these can be protected during the course of development. The loss of trees to enable effective site remediation is considered to be acceptable in these circumstances.

8.9 Considering the impact of the remediation works on the amenities of nearby

residents; there are no residential properties immediately adjacent to the site boundaries. The nearest houses are around 45m away (on Cowbridge Road East) but are separated from the site by a railway line, a road and industrial or commercial buildings. All the residential properties that are relatively close to the site are separated from it by railway lines, roads, industrial premises or by the River Ely. The Pollution Control officers (Noise and Air section) have not raised any concerns about nuisance to nearby occupiers other than to suggest that the standard recommendation regarding noise be added to the decision notice. Noise from demolition and construction activities is controlled under the Control of Pollution Act 1974 and it is therefore unnecessary to include this as a condition of planning approval.

8.10 With regard to the management of construction traffic, the Transportation

Officer has no objections to the proposed works provided that the number and type of vehicles travelling to and from the site is controlled via a site management condition. The majority of the excavated material will remain on the site for later re-use; therefore the number of vehicle movements associated with the works will be minimal.

8.11 The only objection received is from one of the businesses on Sanatorium

Road, expressing concern that road access to the site is poor. However, given that vehicle movements associated with the remediation works will be short-term and minimal, and that the timing of construction traffic journeys to and from the site can be controlled via a condition, it is not considered that this constitutes reasonable grounds for refusal of the application.

8.12 In conclusion, the proposed works are considered to be in accordance with

national planning policy which encourages the full and effective use of previously-developed land in urban areas, given that the purpose of the remediation is to make the land suitable for re-development for residential and other uses. Conditions can be imposed to ensure the effective control of contaminated material, disturbance to nearby residents and businesses will be minimised by the reuse of materials on site and by traffic management,

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protected species will remain undisturbed or will be translocated to a suitable receptor site and the loss of trees is acceptable given that the remediation works will enable a greater number of trees to be replanted in appropriate locations on the site as part of a future development proposal. It is considered that the proposed remediation works will lead to an improvement in the quality of the environment in this location, and approval of the application is recommended.

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LOCAL MEMBER OBJECTION. PETITION COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/1140/DCO APPLICATION DATE: 17/07/2012 ED: FAIRWATER APP: TYPE: Full Planning Permission APPLICANT: Mrs Judy Wildblood LOCATION: VISION 21 LTD (CYFLE CYMRU) UNIT 17, COMMUNITY CENTRE, BWLCH ROAD, FAIRWATER, CARDIFF, CF5 3EF PROPOSAL: INSTALL A 9.7M X 21M SINGLE STOREY MODULAR BUILDING IN CAR PARK AREA ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to


1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans

numbered GA001 Rev A attached to and forming part of this planning application.

Reason: The plans amend and form part of the application. 3. Prior to the development hereby permitted being brought into beneficial

use provision shall be made within the site for the parking of cars / mini-bus bays and manoeuvring areas in accordance with details to be submitted to and approved in writing by the Local Planning Authority, such approval to be obtained and details implemented prior to the commencement of development and shall thereafter be maintained and shall not be used for any purpose other than the parking and manoeuvring 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.

4. C3S Cycle Parking 5. The windows in the eastern elevation 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 development does not prejudice the future development of adjoining land.

6. No development shall take place until a site assessment, including ground

permeability testing, has been undertaken to determine the whether sustainable drainage techniques can be utilised, and a drainage scheme for the disposal of both surface water and foul sewage, including any

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connection to the existing drainage system has been submitted to and approved by the Local 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 7. Details of replacement trees to be planted on site shall be submitted to

and approved in writing by the Local Planning Authority before their planting on site together with a timescale for their planting. The details shall be implemented as approved, in accordance with the approved timescales for implementation. Any tree which within a period of 5 years from the completion of development dies, are removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Local Planning Authority gives written consent to any variation.

Reasons: In order to mitigate the loss of trees associated with the development.

8. The premises shall be used only for the purposes specified in the

application and for no other purpose (including any other purpose in Class D1of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order).

Reason: The use of the premises for other purposes within Class D1 would be likely to detract from the amenities of nearby occupiers and permission for the particular use applied for is only granted because of the special considerations peculiar to it.

9. The premises shall not be open to the public between the hours of 21:00

and 08:00 Mondays to Fridays, 17:00 to 09:00 Saturdays and 16:00 and 10:00 Sundays.

Reason: In the interests of residential amenity. 10. There shall be no playing of musical instruments or amplified music in the

building hereby approved. Reason: in the interests of residential amenity. 11. Details of the means of enclosure of the area to the rear the building

hereby approved and the hedge along the boundary with the properties on Wellright Road, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to beneficial occupation. Reason: In the interests of crime prevention.

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

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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.












1. DESCRIPTION OF DEVELOPMENT 1.1 The application is for the siting of a modular building measuring 21 metres in

length, 10 metres in width and 3.7 metres in height, with a gabled roof. The building is to be used to provide additional accommodation for a charity organisation which provides education and training opportunities for people with learning difficulties. The charity currently occupies the community centre on site. The proposed building is of steel framed construction and is largely factory assembled. The building would be clad in brick veneer and the roof would be corrugated steel (red in colour).


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2.1 The community centre is located on the former site of an infants school. The application proposes locating a modular building in the north east of the site adjacent to the rear boundaries of the residential properties on Wellright Road (to the east). To the north and west of the application site lies open playing fields, and to the south the existing community centre.

3. SITE HISTORY 3.1 00/01045W – Planning permission for the demolition of the former infants

school building and the replacement with new single storey building together with refurbishment of parts of existing community centre to provide additional and improved community facilities workshops and training facilities.

3.2 91/01061/W – Planning permission granted for extension for the storage of

sports and other equipment. 4. POLICY FRAMEWORK 4.1 The site is within existing educational land as defined in the City of Cardiff

Local Plan. 4.2 The application should be considered against the following policies of the

adopted City of Cardiff Local Plan: (i) 11 ‘Design and Aesthetic Quality’ (ii) 17 ‘Parking and servicing requirements’ (iii) 18 ‘Provision for Cyclists’

4.3 The following policies of the Deposit Cardiff Unitary Development Plan

(October 2003) are relevant: (i) 2.20 ‘Good Design’ (ii) 2.24 ‘Residential Amenity’

(iii) 2.45 ‘Trees, Woodlands and Hedgerows’ (iv) 2.57 ‘Parking and Servicing’

(v) 2.64 ‘Air, Noise and Light Pollution’ 4.4 The following Supplementary Planning Guidance:

(i) Access, Circulation and Parking Requirements, Standards, January 2010; (ii) Trees and Development, March 2007; (iii) Waste Collection and Storage Facilities, March 2007.

5. INTERNAL CONSULTEE RESPONSES 5.1 The Strategic Planning Manager (Land Use Policy) advises that the

application proposes a new building to accommodate education/training uses on land which is identified in the Local Plan as existing educational land. The application therefore raises no land use policy concerns.

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5.2 The Operational Manager Transportation advises: No objection to the submitted plans subject to conditions requiring the provision and retention of car parking, cycle parking and manoeuvring space along with consideration of the provision of mini-bus parking areas on site. In addition the applicant is requested to provide details of public transport and non-car modes of transport to encourage more sustainable modes of transport to and from the facility.

5.3 The Operational Manager Pollution Control has no objections subject to a

condition restricting the hours of operation to 08:00 until 21:00 Mondays to Fridays, 09:00 to 17:00 Saturdays and 10:00 and 16:00 Sundays. A further condition is required to prevent the use of amplified music or musical instruments in the building, in the interests of the amenities of adjoining residential occupiers.

5.4 The Chief Highways and Waste Officer (Drainage) has no objections and

advises that a condition requiring percolation testing to ascertain whether sustainable drainage techniques can be used on site and a drainage scheme submitted for approval.

5.5 The Operational Manager Waste Management has no objections. 5.6 The Operational Manager Parks advises that the existing hedge is a mixture of

conifers, trees and other planting, and from an aesthetic point of view is not particularly attractive. However it does form an important buffer between the proposed building and the neighbouring properties. The proposed building should be set a minimum of 1 metre from the edge of the hedge line. This will allow access behind the building to carry out maintenance of the hedge as required. To compensate for any loss of mature trees replacement trees should be planted, either around the car park if space allows or in the adjacent school grounds.

6.0 EXTERNAL CONSULTEE RESPONSES 6.1 The Police Architectural Liaison Officer has no objections. 6.2 Dwr Cymru has provided a standard response stating no objections subject to

appropriate conditions relating to foul water and surface water being drained separately from the site and surface water not being allowed to discharge into to the sewerage system.

7. REPRESENTATIONS 7.1 Councillor P Mitchell objects to the proposed development and requests that

the application be reported to Committee and that Committee members undertake a site visit. Councillor Mitchell advises that his objections relate to the long standing issue of noise pollution from the existing community building and concerns that the proposed building should be repositioned further away from the boundary with properties on Wellright road and reorientated.

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7.2 A petition against the proposed development has been received which contains 52 signatures. The petition states the following objections:

(i) Increased noise from new building, there are noise pollution problems

from the existing building during the day and on some weekends and evenings.

(ii) Increase in traffic entering the site will result in increased noise levels. (iii) Concerns that the proposal will provide a further target for vandals. (iv) Some houses will see the building from their gardens (v) Parking and access problems exacerbated and will lead to over spill onto

Bwlch Road (vi) Approval of the application could result in further applications for

development of the site.

7.3 Representations have been received from the occupiers of 38, 42, 44 and 46 Wellright Road. The representations raise the following objections:

(i) Existing problems with noise pollution from the community centre will be

further exacerbated by an additional building in close proximity to the rear boundaries of residential properties on Wellright Road.

(ii) Concerns regarding home security from people using the building to climb over the boundary with the properties on Wellright Road.

(iii) There have previously been problems with anti social behaviour on the application site and playing fields. Concerns that the proposed development will result in an increase in incidents.

(iv) Noise and odour from the kitchen and toilets to the rear of the proposed building.

(v) Loss of light. (vi) Damage to conifer boundary hedge and the loss of trees on site. (vii) Concerns that the proposed building will not only be used for educational

purposes but for parties and social events. 8. ANALYSIS 8.1 The proposal is for additional accommodation for a charity based organisation

which provides educational opportunities to people with learning disabilities. The application site of located on land which is identified in the Local Plan as existing educational land. Therefore, the proposal raises no land use policy issues.

8.2 The design of the modular building is acceptable. There are a variety of

building designs and materials / finishes in the area. The building would not be readily visible from outside of the application site.

8.3 The proposed building would be located adjacent to the boundaries with

residential properties on Wellright Road. The building was initially shown as being 3.4 metres from the boundary with the properties. However, the applicant was advised that it may be beneficial to reposition the building a slightly further away from the boundary with Wellright Road. The applicant submitted amended plans showing the building positioned 5.8 metres from the

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shared boundary. In order to further ensure the privacy and amenities of the occupiers of the residential properties on Wellright Road Condition 5 will ensure that the windows in the eastern elevation, which serve the kitchen, toilets and an office are obscurely glazed and non openable below 1.8 metres high internally. It should be noted that none of the proposed classrooms have windows to the rear (east) of the building facing the boundary with Wellright Road. Furthermore, Condition 9 will restrict the hours of operation and Condition 10 will ensure that no amplified music or musical instruments are used within the building. Provided the above conditions are imposed it is not considered that the proposed development would prejudice the privacy or amenities of adjacent residential occupiers.

8.4 The Operational Manager Transportation has no objections. The applicant

proposed the location of the building in the position shown in order not to impede access into the site and to minimise the loss of spaces within the car park.

8.5 The Operational Manager Parks has no objections to the loss of trees on site.

The trees are not of significant quality or maturity and the loss could be mitigated by replacement planting elsewhere on site, (see Condition 7).

8.6 In response to any objections not already addressed within the report: (i) A single storey building (3.7 metres high to ridge) set 5.8 metres from a

shared boundary would not unacceptably prejudice light levels currently enjoyed by neighbouring properties.

(ii) The decision to approve the current application does not therefore mean that future proposals would be supported. Each application is judged on its own merits.

(iii) The Council has a duty to consider crime and the fear of crime in all its decision making. The alleged anti social behaviour is noted and specifically that the Police Architectural Liaison Officer has no objections. However, the applicant has offered to provide security fencing to prevent access to the rear of the proposed building which is considered to present the most potential for crime and anti social behaviour.

(iv) The use of the proposed building would be tightly restricted to the use as applied for and for no other uses with Use Class D1 of the Use Classes Order. Therefore, the applicant would not be able to lawfully use the building for parties or social events etc.

8.7 It is recommended that planning permission be granted, subject to conditions.

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LOCAL MEMBER OBJECTIONS COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/1184/DCO APPLICATION DATE: 11/07/2012 ED: RUMNEY APP: TYPE: Full Planning Permission APPLICANT: Mr POSTANS LOCATION: POSTANS BAKERY, 102 WENTLOOG ROAD, RUMNEY, CARDIFF, CF3 3EA PROPOSAL: PROPOSED CHANGE OF USE CLASS TO A3 HOT FOOD TAKE AWAY 17:00-23:00 HOURS AT 102 WENTLOOG ROAD, RUMNEY CARDIFF CF3 3EA ___________________________________________________________________ RECOMMENDATION: That planning permission be REFUSED for the

following reason:

1. The proposal would be likely to prejudice the amenities of neighbouring residents, by reason of increased activity and noise disturbance, particularly during the evening, contrary to Policy 2.24 (Residential Amenity) of the Deposit Cardiff Unitary Development Plan (October 2003) and the advice contained within the Supplementary Planning Guidance on “Restaurants, Takeaways and other Food and Drink Uses” (1996).

1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Permission is sought for the change of use to Class A3 hot food takeaway at

102 Wentloog Road, Rumney. 1.2 The proposed opening hours are 17.00 – 23.00 hours 7 days per week. 1.3 The submitted plans show provision for a takeaway counter with no restaurant

seating area. 1.4 No alterations to the shop front are proposed. 1.5 An existing separate access to the first floor flat would be retained. 2. DESCRIPTION OF SITE 2.1 The property comprises a ground floor unit in two-storey terrace of retail units

with separate residential accommodation at first floor. 2.2 The site is located within a small parade of commercial premises within a

residential area.

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2.3 The site is currently vacant and was previously occupied by a Class A1 use (bakery).

3. SITE HISTORY 3.1 12/00215/DCO: Permission refused in April 2012 for proposed change of use

class to A3 hot food takeaway 11:00-14:00 hours and 17:00-01:00 hours for the following reason:

The proposal would be likely to prejudice the amenities of neighbouring residents, by reason of increased activity and noise disturbance, particularly during the evening and early morning, contrary to Policy 2.24 (Residential Amenity) of the Deposit Cardiff Unitary Development Plan (October 2003) and the advice contained within the Supplementary Planning Guidance on “Restaurants, Takeaways and other Food and Drink Uses” (1996).

3.2 03/00360/R: Permission granted in March 2003 for new external staircase to existing first floor flat.

3.3 02/02517/R: Permission granted in December 2003 for retention of existing

shop front and roller shutters. 3.4 96/00710/R: Permission granted in July 1996 to retain roller shutter doors to

front of shop. 3.5 91/01800/R: Permission granted in December 1991 to change use of part

from coffee shop to bakery and provision of separate entrance to flat. 4. POLICY FRAMEWORK 4.1 Planning Policy Wales, 4th Edition (February 2011) is relevant. 4.2 Relevant Technical Advice Notes (TANs):

4 Retailing and Town Centres (1996) 11 Noise (1997) 12 Design (2009) 18 Transport (2007)

4.3 Policies from the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011 (April 1997):

EV1 Towards Sustainable Development EV2 Urban Regeneration MV11 Parking MV13 Equality of Access R4 Out-of-Centre Retail Development

4.4 Relevant policies from the City of Cardiff Local Plan (January 1996):

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11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups 49 District and Local Centres 50 Retail Development

4.5 Deposit Unitary Development Plan (October 2003) Policies: 1A General Principles for the Location of Development 1B Achieving Good Design 1E The Economy and Employment 2.20 Good Design 2.24 Residential Amenity 2.36 District and Local Centres 2.57 Access, Circulation and Parking Requirements 2.64 Air, Noise and Light Pollution 2.74 Provision for Waste Management Facilities in Development 4.6 Supplementary Planning Guidance (SPG): Restaurants, Takeaways and Other Food and Drink Uses (1996)

Waste Collection and Storage Facilities (2007) Access, Circulation and Parking Standards (January 2010)

5. INTERNAL CONSULTEES RESPONSES 5.1 The Operational Manager, Transportation, notes that the premises is located

within a small parade of shops and there is kerbside parking available within a reasonable distance of the application premises which would serve to provide short-stay parking for customers. Although he notes the representations from residents and local members which make reference to parking issues he is mindful of the existing retail use, the presence of other takeaway uses in the near vicinity, and also that consent for a takeaway use at the adjacent premises was recently granted at appeal. Consequently he does not consider that an objection to the current application on highway grounds would be sustainable.

5.2 The Operational Manager, Environment (Noise and Air) objects to the

application for noise and air pollution reasons. He notes that there is residential accommodation at first floor level above and at first floor level on either side of the proposed development and considers that it is likely that the amenities of the residents would be affected by noise and smell nuisance being generated by the activities at the proposed development and from patrons frequenting the proposed development. He states that his objection is in line with the supplementary guidance on restaurants, takeaways, and other food and drink uses.

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5.3 The Operational Manager, Waste Management, has been consulted and any comments received will be reported to Committee.

6. EXTERNAL CONSULTEES RESPONSES 6.1 The South Wales Police Crime Prevention Design Advisor has been

consulted and any comments received will be reported to Committee. 7. REPRESENTATIONS 7.1 Councillors J Parry and B Derbyshire request that Planning Committee

undertakes a site visit prior to determining the application and object to the application for the following reasons:

(i) the area has a surfeit of takeaways already resulting in a ‘domino’ effect;

another takeaway was recently approved on appeal next door; (ii) increased traffic congestion and parking problems; (iii) litter problems; (iv) disabled parking space is for patients visiting the Doctor’s surgery and

residents who live opposite the site who have a disabled son. 7.2 The proposals were advertised in the press and by site notice on 27 July

2012. The consultation period expired on 17 August 2012. 7.3 Neighbouring occupiers have been consulted. 8 no. letters of objection have

been received from the occupiers of 5 Cae Glas Avenue, 23 Brachdy Road, and 83, 87, 91, 93, 101 and 102a Wentloog Road. Their objections can be summarised as follows: (i) several takeaways exist in this residential area already; (ii) increase in anti-social behaviour; (iii) increase in litter and concerns regarding vermin; (iv) increased parking problems and traffic congestion from customers and

deliveries; (v) increase noise pollution and disturbance at unsociable hours; (vi) application boasts disabled parking provision although none is provided

off-site. Occupier of 87 Wentloog Road has a disabled bay outside their home for their use;

(vii) smell nuisance; (viii) takeaway next door (No. 100) was approved at appeal by the Welsh

Assembly despite being refused by the local planning authority; (ix) depreciation in property value; (x) detrimental to the vitality of the area; (xi) unhealthy nature of fast food.

8. ANALYSIS 8.1 The application site is located within an existing residential area as defined by

the City of Cardiff Local Plan. Although not defined as a district or local centre in Policy 49 of the Local Plan, the site does fall within a neighbourhood centre,

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as defined by the 2001 Retail Floorspace Survey. Paragraph 9.3.8 of the Local Plan refers to such shopping facilities, stating that development proposals involving either new or improved retail facilities or the loss of existing shopping will be considered on their merits having regard to the characteristics of the premises and their location and role in meeting local shopping needs.

8.2 Also of relevance is the approved Supplementary Planning Guidance (SPG)

Restaurants, Takeaways and Other Food and Drink Uses. This guidance outlines the general requirements concerning such uses, indicates where they are most likely to be acceptable and provides assistance in outlining the considerations on which such planning applications are assessed. Paragraph 3.1 of the guidance states that the most appropriate locations for Class A3 (Food and Drink) uses are within the principal shopping centre and principal business areas of the city centre, Cardiff Bay, and the designated district and local shopping centres. Proposals are likely to be unacceptable in residential areas, if they would cause nuisance and loss of amenity to residents.

8.3 102 Wentloog Road is currently vacant, having been formerly occupied by a

bakery shop. The property forms part of a shopping frontage from 98 to 108 Wentloog Road. A site visit highlighted that there are 7 units in the frontage, one of which is D1 (Use Class) and 100 Wentloog Road which has A3 planning consent won on appeal.

8.4 As the application premises are currently vacant, it could not be said to be

contributing to the vitality and viability of the shopping frontage. The proposal raises no land use policy concerns in terms of the loss of retail but should be determined on the basis of the impact of the proposal on residential amenity.

8.5 The objections of the Operational Manager, Environment (Noise and Air) are

noted (see paragraph 5.2). However, in dismissing an appeal in June 2010 for a takeaway use at No. 100 with opening hours until 23:00 seven days a week (09/2089/E), the Inspector acknowledged that “noise insulation could mitigate the impact of noise from within the shop [however] the main area of concern is noise and disturbance at the entrance to the takeaway and within the area immediately outside”. The Inspector did not share the local planning authority’s view that smell nuisance would be harmful, and determined that these could be adequately controlled by appropriate extraction and filtration. In view of this appeal decision, it is considered that the proposals are contrary to the guidance contained in the SPG and policy 2.24 (Residential Amenity) of the deposit Unitary Development Plan (October 2003) as the proposed opening hours until 23:00 seven days per week are likely to cause noise and disturbance outside the premises late at night, to the detriment of residents above and nearby the premises. Although a hot food takeaway was recently allowed on appeal in March 2012 at 100 Wentloog Road (ref: 11/1486/DCO), the opening hours were restricted to 22.00 with the premises to remain closed on Sundays.

8.6 Whilst the objections on grounds of parking, access and traffic congestion are

noted, the Operational Manager, Transportation, has no objection to the

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proposals and considers that reasons for refusal on these grounds would be unsustainable at appeal (see paragraph 5.1). Concerning disabled parking provision, it is noted that the disabled space opposite the site is located in the public highway outside a private dwelling with a disabled occupier.

8.7 In respect of outstanding objections raised by Local Members and residents

which have not already been addressed in this analysis:

(i) Satisfactory refuse storage facilities could be secured by condition and therefore this should not form a reason for refusal. Litter in the public highway is a matter for the Council’s street cleansing teams.

(ii) The proliferation of existing takeaway facilities in the local area is noted. However, this application must be determined on its own planning merits and provision of takeaway establishments is subject to market forces. Members should also note that the parade of shops would retain a dominance of A1 uses.

(iii) Depreciation in property values and the health qualities of fast food are not material planning considerations.

8.8 In conclusion, it is considered that the proposals would result in unacceptable

harm to the amenities of neighbouring residents, as well as causing general noise and disturbance at unsociable hours. It is therefore considered that the proposals are contrary to policy 2.24 of the deposit Unitary Development Plan (October 2003) and guidance within the Restaurants, Takeaways and Other Food and Drink Uses SPG. It is recommended that planning permission be refused.

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COMMITTEE DATE: 12/09/2012 APPLICATION No. 12/1303/DCO APPLICATION DATE: 01/08/2012 ED: RADYR APP: TYPE: Variation of conditions APPLICANT: Cardiff Council LOCATION: RADYR COMPREHENSIVE SCHOOL, HEOL ISAF, RADYR, CARDIFF, CF15 8XG PROPOSAL: VARIATION OF CONDITIONS 2, 4 AND 10 OF PLANNING PERMISSION 10/02289/DCO TO ALLOW CONTINUATION OF USE ___________________________________________________________________ RECOMMENDATION: That planning permission for the construction of a new

synthetic turf pitch together with associated fencing and floodlights be GRANTED subject to the following conditions

1. The synthetic pitch hereby approved shall only be available for use

between the hours of 09.00 and 21.00 Monday to Saturday and 10.00 and 18.00 on Sunday and shall be restricted to use by members of the school only between the hours of 09.00 and 16.00 Monday to Friday during school term times. The hours of use hereby approved shall be discontinued within 6 months of the date of this permission and shall revert to use by members of the school only between the hours of 09.00 and 18.00 Monday to Friday with no use on Saturday or Sunday.

Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected and to enable the local planning authority to assess the affects of the development at the end of the period with regard to any fresh application that may be submitted.

2. The floodlighting hereby approved shall only be operated between the

hours of 09.00 and 21.00 Monday to Saturday and 10.00 and18.00 on Sunday. The hours of operation hereby approved shall be discontinued within 6 months of the date of this permission and shall revert to use between the hours of 09.00 and 18.00 Monday to Friday with no use on Saturday or Sunday.


3. The low level lighting to the access footpath hereby approved shall only

be operated between the hours of 08.30 and 21.30 Monday to Saturday and 9.30 and 18.30 on Sunday. The hours of operation hereby approved shall be discontinued within 6 months of the date of this permission and shall revert to use between the hours of 08.30 and 18.30 Monday to Friday with no use on Saturday or Sunday.

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Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected and to enable the local planning authority to assess the effects of the development at the end of the period with regard to any fresh application that may be submitted.

4. No rebound boards shall be installed at the development. Reason: To prevent unacceptable noise disturbance to neighbouring

residents. 1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Permission is sought for the variation of conditions 2, 4, and 10 of planning

permission no. 10/02289/DCO to allow permanent use of the synthetic turf pitch together with associated fencing and floodlights at Radyr Comprehensive School, Heol Isaf, Radyr at the hours approved. Conditions 2, 4 and 10 read as follows:

2. The synthetic pitch hereby approved shall only be available for use

between the hours of 09.00 and 21.00 Monday to Saturday and 10.00 and 18.00 on Sunday and shall be restricted to use by members of the school only between the hours of 09.00 and 16.00 Monday to Friday during school term times. The hours of use hereby approved shall be discontinued within 12 months from beneficial occupation of the pitch hereby approved and shall revert to use by members of the school only between the hours of 09.00 and 18.00 Monday to Friday with no use on Saturday or Sunday.


4. The floodlighting hereby approved shall only be operated between the

hours of 09.00 and 21.00 Monday to Friday and 10.00 and 1800 on Sunday. The hours of operation hereby approved shall be discontinued on or before within 12 months from beneficial use of the pitch hereby approved and shall revert to the hours of 09.00 and 18.00 Monday to Friday with no use on Saturday or Sunday.


10. The low level lighting to the access footpath hereby approved shall only

be operated between the hours of 08.30 and 21.30 Monday to Saturday and 9.30 and 18.30 on Sunday. The hours of operation hereby approved shall be discontinued within 12 months from beneficial use of the pitch hereby approved and shall revert to the hours of 08.30 and 18.30 Monday to Friday with no use on Saturday or Sunday.

Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected and to enable the local planning authority to

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assess the effects of the development at the end of the period with regard to any fresh application that may be submitted.

1.2 The conditions allow the school to make the pitch available for community use

outside of school hours. 2. DESCRIPTION OF SITE 2.1 The pitch is located towards the southwest corner of the existing playing fields

of Radyr Comprehensive School. Residential properties are located to the west of the school grounds and an area of amenity open space separates the site from the Danescourt housing estate further away to the south east.

2.2 Tree and hedgerow cover mark the boundary to the south-east. Electricity

pylons supporting cabling is sited along the south-east boundary of the school.

3. SITE HISTORY 3.1 10/02289/DCO: Permission granted in February 2011 for construction of a

new synthetic turf pitch together with associated fencing and floodlights for a temporary period of 12 months from beneficial occupation.

4. POLICY FRAMEWORK 4.1 The site is identified as existing education land on the Local Plan Proposals

Map (January 1996). 4.2 The following Local Plan Policies are of relevance to the determination of this

application:

11 Design and Aesthetic Quality 17 Parking and Servicing Facilities

4.3 The following Policies from the deposit Unitary Development Plan (October

2003) are also of relevance: 2.20 Good Design 2.24 Residential Amenity 2.57 Access, Circulation and Parking Requirements 2.64 Air, Noise and Light Pollution. 4.4 Relevant Supplementary Planning Guidance documents:

Access, Circulation and Parking Standards (January 2010). 5. INTERNAL CONSULTEES RESPONSES 5.1 The Operational Manager, Environment (Noise & Air) has received complaints

of noisy activities that take place. Monitoring has been undertaken, however, it

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is not representative of a typical week as it was out of school term time. He therefore requests that the application continues under the same conditions for an additional six months to allow representative monitoring to be undertaken and appropriate comments submitted to the local planning authority.

5.2 The Operational Manager, Transportation has no objection to the extension of

hours of use provided that the use restrictions to members of the school only between the hours of 09:00 and 16:00 Monday to Friday would be retained.

6. EXTERNAL CONSULTEES RESPONSES 6.1 No relevant consultations. 7. REPRESENTATIONS 7.1 Local Members have been consulted and any comments will be reported to

Committee. 7.2 Neighbouring occupiers have been consulted and 2 letters of objection have

been received from the occupiers of 133 and 157 Heol Isaf. Their objections can be summarised as follows:

(i) The low level lighting along the footpath is being replaced by tall level

lighting which is not authorised; (ii) The permission requires the operating hours to be reviewed after a period

of 12 months and not before; (iii) No noise analysis has been carried out to assess the impact; (iv) The nearest dwelling is just 11 metres from the facility causing extreme

noise disturbance resulting in certain rooms being unoccupied and the private garden unusable;

(v) Inability to relax at home and their feelings have been ignored; (vi) School has ignored messages regarding the noise impact; (vii) measures to reduce noise impact are ineffective; (viii) A similar scheme in Derby required a noise assessment for dwellings 60

metres away. Their dwelling is only 11 metres away; (ix) Requests an extension until the end of September to make

representations as a noise assessment must be carried out.

7.3 The Radyr and Morganstown Community Council has been consulted and any comments received will be reported to Committee.

7.5 The Danescourt Community Association has been consulted and any

comments received will be reported to Committee. 8. ANALYSIS 8.1 The key issue for consideration of this application to allow permanent use of

the pitch at the current hours is the impact upon the amenities of neighbouring occupiers.

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8.2 Members are advised that the previous report to Committee in February 2011

recommended operating hours until 20:00 hours Monday to Saturday with no use on Sunday. However, following debate at Committee, a temporary use until 21:00 Monday to Saturday and 10:00 to 18:00 on Sundays for a period of 12 months was approved.

8.3 It is noted that the Operational Manager, Environment (Noise & Air) has

received noise complaints relating to the facility and has carried out initial noise assessments. However, they recommend that a full noise assessment should also be carried out during school term time when the full impact of the facility on neighbouring occupiers will be understood. In view of these comments and the representations of local residents, it is considered that allowing continued use of facility at the approved hours would be premature at this stage.

8.4 It is noted that the Operational Manager, Transportation, has no objections,

subject to the pitch being restricted to community use outside of school hours. 8.5 In respect of the objections to the proposals raised by local residents in

paragraph 7.2 which have not already been addressed in this analysis:

(i) The alleged installation of new lighting columns to the footpath accessing the pitch will be investigated and reported to Committee as a late representation.

(ii) There is nothing to prevent the school applying within 12 months to extend the use beyond 12 months.

(iii) Other schemes at locations in England are not relevant to the determination of this application; this application must be determined on its own merits

8.6 It is therefore recommended that permission be granted for the synthetic pitch

and associated lighting for a further period of 6 months from the date of this permission, to enable a full noise assessment to be carried out during school term-time and its findings considered by the local planning authority.

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Cardiff Council Planning Committee August 2012

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