ADRODDIAD PENNAETH

CYNLLUNIO,

CYFARWYDDIAETH ADFYWIO A HAMDDEN

REPORT OF THE

HEAD OF PLANNING,

DIRECTORATE OF REGENERATION AND LEISURE

AR GYFER PWYLLGOR CYNLLUNIO

CYNGOR SIR CAERFYRDDIN/

TO CARMARTHENSHIRE COUNTY

COUNCIL'S PLANNING COMMITTEE

AR 30 AWST 2007

ON 30 AUGUST 2007

I'W BENDERFYNU/

FOR DECISION

Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yn rhaid iddynt anwybyddu'r agwedd hon, gan ystyried ceisiadau o'r fath a phenderfynu yn eu cylch ar sail rhinweddau'r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch ceisiadau cynllunio o'r fath.

In relation to those applications which are identified as one in which the Council has an interest either as applicant/agent or in terms of land or property ownership, Members are reminded that they must set aside this aspect, and confine their consideration and determination of such applications exclusively to the merits of the planning issues arising. The Council's land owning function, or other interests in the matter, must not be taken into account when determining such planning applications.

COMMITTEE:

    PLANNING COMMITTEE

DATE:

    30 AUGUST 2007

REPORT OF:

    HEAD OF PLANNING

I n d e x - A r e a W e s t

REF.

APPLICATIONS RECOMMENDED FOR APPROVAL

PAGE NOS.

W/13447

Construction of 1 no. detached dwelling house at Ferryside Rugby Sports and Social Club, Glan Tywi, Ferryside, Carmarthen, Carmarthenshire, SA17 5TG

6 - 11

W/15045

Proposed residential development comprising 52 no. houses and associated infrastructure works at land south west of B4310, Porthyrhyd, Carmarthenshire

12 - 27

W/15206

Industrial warehouse for production and distribution of bottled mineral water at O.S. 4245, Pendderi, Maesycrugiau, Pencader, Carmarthenshire

28 - 38

W/15286

Erection of a detached two-storey cottage adjacent to Craig Y Nos including demolition of garage at Craig Y Nos, Duncan Street, Laugharne, Carmarthenshire, SA33 4SW

39 - 45

W/15305

Special needs unit and two dwellings (Plots 1, 5 and 6) together with new road access at land to rear of Ebenezer Chapel, Ebenezer Street, Newcastle Emlyn, Carmarthenshire

46 - 52

W/16133

Proposed construction of single storey steel framed steel-clad store building at Western Power Distribution Depot, Llanfihangel Ar Arth, Pencader, Carmarthenshire, SA39 9HT

53 - 58

REF.

APPLICATIONS RECOMMENDED FOR APPROVAL

PAGE NOS.

W/16354

Construction of two, three-storey town houses with integral parking and communal yard at Dany Y Banc, Carmarthen, Carmarthenshire

59 - 65

W/16408

Change of use from agricultural to auto sales and repair at The Barn, Whispering Oaks, Tenby Road, St Clears, Carmarthenshire, SA33 4JP

66 - 73

W/16497

Construction of viewing platform at National Botanic Garden of Wales, Middleton Hall, Llanarthne, Carmarthen, Carmarthenshire, SA32 8HG

74 - 78

W/16638

One no. dwelling at plot adjacent to Bryngolwg, Heol Yr Ysgol, Cefneithin, Carmarthenshire

79 - 83

W/16769

Change of use on part only - Indian Take-Away at Ferryside Rugby Sports and Social Club, Glan Tywi, Ferryside, Carmarthen, Carmarthenshire, SA17 5TG

84 - 89

W/16814

Proposed dwelling (split level) at plot adjacent to Glancastell, Newcastle Emlyn, Carmarthenshire, SA38 9HR

90 - 95

W/16828

Siting of a spray booth with canopy over, siting of office portacabin at Mountain View Garage, Hermon, Cynwyl Elfed, Carmarthenshire, SA33 6SU

96 - 100

W/16831

Installation of Windsave US1000 domestic midro wind turbine to south facing wall of house at 2 Brongwendraeth, Carway, Kidwelly, Carmarthenshire, SA17 4HT

101 - 104

Applications Recommended For Approval

Application No

W/13447

Application Type

Outline

Proposal
& Location

CONSTRUCTION OF 1 NO DETACHED DWELLING HOUSE AT FERRYSIDE RUGBY SPORTS & SOCIAL CLUB, GLAN TYWI, FERRYSIDE, CARMARTHEN, CARMS, SA17 5TG

Applicant

FERRYSIDE RUGBY SPORTS & SOCIAL CLUB, GLAN TYWI, FERRYSIDE, CARMARTHEN, CARMS, SA17 5TG

Agent

PAUL BASTIAN & ASSOCIATES, 20 PONTARDULAIS ROAD, GORSEINON, SWANSEA, SA4 4FE

Case Officer

Electoral Ward

STEPHEN THOMAS

ST ISHMAEL

Date of Registration:

13 JUN 2006

CONSULTATIONS

Head of Transport - No observations received to date.

St Ishmaels Community Council - No objection to the proposal.

Local Member - County Councillor L M Stephens has not commented on the application to date.

Dwr Cymru/Welsh Water - No objections to the proposal and provide advisory notes.

Environment Agency - Originally objected to the proposal as the site is located within zone B, as defined by the development advice maps referred to under TAN 15 Development and Flood Risk. A limited flood consequences assessment was submitted which shows that the risk of flooding to the site is minimal. Therefore, there is no objection to the proposal subject to a condition be imposed that the ground floor level be set at a minimum of 6.1m AOD. Further observations made on sustainable drainage systems and the presence of Japanese Knotweed on the site.

Director of Housing and Public Protection - No observations received to date.

Transco - No gas apparatus in the application site.

Neighbours/Public - The occupiers of twelve neighbouring properties have been notified of the application and a public notice posted at the application site. Two representations have been received to date objecting to the proposal on the following grounds:-

RELEVANT PLANNING HISTORY

The following relevant planning applications have previously been submitted on the application site:-

D4/3039 Vehicular access

D4/3826 Siting of a clubhouse

Full planning permission 3 August 1977

D4/12921 Playing field incorporating land fill

W/12100 Demolition of clubhouse and construction

of five detached dwellings

Withdrawn 12 May 2006

APPRAISAL

THE SITE

The application site is a roughly triangular shaped part of the curtilage land of the rugby club land at Ferryside. It is located on the western flank of the Glan Tywi road, between the rugby club and the highway, and to the south of an existing residential property known as Glantraeth. The site gently slopes from the south towards the north west and currently has a line of conifer trees screening the club house from the surrounding residential properties. The site measures 20 metres at its widest and 35 metres in length at its longest along the estate road.

THE PROPOSAL

The application seeks outline planning permission for the siting of a single dwelling house on the application site, with all matters of detail reserved for future consideration.

PLANNING POLICY

The relevant planning policies that are considered relevant in this case are Policies GDC2, GDC11 and H2 of the Carmarthenshire Unitary Development Plan (CUDP).

Policy H2 provides that proposals for residential development will be permitted within the defined settlement/development limits for Ferryside where the proposal conforms to, and does not conflict with the policies of the Plan, and subject to there being no highway, amenity or utility service provision objections. The application site is located within the defined settlement limits for Ferryside, as delineated by Inset T3 of the Carmarthenshire Unitary Development Plan. Therefore the principle of residential development on the application site is accepted providing no other material considerations indicate otherwise. In this case there are no other such material considerations, and it is considered that the proposal conforms to the requirements of this policy, although awaiting confirmation in writing that there is no highway objection to the proposal

Policy GDC2 of the CUDP requires that all forms of new development are expected to be designed, sited and landscaped so as to maintain or enhance the physical environment. Particular regard is given to a number of criteria including, the scale, form, materials, siting and layout in relation to the character and amenity of the surrounding environment.

Policy GDC11 of the CUDP seeks to ensure that all development as appropriate is served by an appropriate access and appropriate vehicle parking provision. The Head of Transport has indicated that there are no objections to the proposal, however, no confirmation of this had been received at the time of writing this report. Therefore, any recommendation will be subject to the receipt of the Head of Transport's recommendation and confirmation of conditions that he wishes to be imposed on any planning permission that may be granted.

THIRD PARTY REPRESENTATIONS

There are issues that have been raised by the third party representation. Firstly, the objection refers to the issue that the access to the proposed site will be on a blind bend where children currently use it to cycle to the village playing fields. This could result in a serious accident. The Head of Transport had been consulted on this application and indeed showed concern over the position of the resultant access to the rugby club and the playing fields. The applicants discussed alternative arrangements with the Head of Transport which has resulted in access arrangements that have proved acceptable to him. Therefore, a refusal on the grounds of road safety is considered unsustainable both in terms of the individual issue and in the context of Policy GDC11 of the Carmarthenshire Unitary Development Plan.

Secondly, the issue of loss of trees has been raised which will possibly result in increase noise nuisance from the rugby club. The trees are of a coniferous variety that are not considered to be of indigenous species and consequently not to be of high biodiversity value. If approved, the reserved matters submission will need to include a landscaping scheme, which could incorporate some indigenous species of greater biodiversity value. The screening effect of the existing trees will be partially replaced by a solid structure, with the construction of a two storey dwelling, which could be argued to have a greater noise screening effect.

Finally, the issue has been raised of an existing culvert on the application site, which could be adversely affected by any construction work on the site. There is no evidence to confirm that this is the case, and consultation with the Director of Housing has not resulted in an objection on these grounds. If planning permission is granted in outline, a note can be included advising that there may be a surface water culvert in the site that may need to be considered in any submitted detailed design. However, at this stage the issue is considered unsustainable as a reason for refusal.

CONCLUSION

The application site is located within the defined settlement limits for Ferryside, as delineated by Inset T2 of the Carmarthenshire Unitary Development Plan. Therefore the principle of residential development on the application site is accepted providing no other material considerations indicate otherwise. In this case there are no sustainable objections from other such material considerations, and it is considered that the proposal conforms to the requirements of these policies.

Having carefully considered the above mentioned issues, including the planning policy framework and that there are no sustainable reasons to refuse the proposal, it is recommended that the application be approved subject to the imposition of the following appropriate conditions, and subject to the receipt of a favourable response from the Head of Transport.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The permission now granted is an outline permission only, within the meaning of the Town and Country Planning (General Development Procedure) Order 1995.

2 The permission now granted relates to the land defined by the 1:1250 scale plan received on 13th June 2007.

3 Application for approval of reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development must be commenced not later than whichever is the later of the following:-

4 Development shall not commence until detailed plans of the siting, design, external appearance and landscaping of the development, together with the means of access thereto, have been submitted, and received the written approval of the Local Planning Authority.

5 The external walls of the proposed dwelling shall be constructed of materials which reflect the traditional character and style of local buildings to the satisfaction of the Local Planning Authority and the roof shall be covered in natural or fibre cement slates or flat profiled tiles coloured dark grey or such other material as may be specifically approved in writing by the Local Planning Authority.

6 The walls shall be rendered to have a light textured finish (i.e not spar dash).

7 All windows shall be vertically proportioned, and have clear glazed openings or be symmetrically subdivided.

8 The roof of the proposed dwelling shall have a minimum pitch of 35 degrees.

9 A detailed landscaping scheme for the whole site including the retention of any existing landscape features and the indication of species, size and number of trees and/or shrubs to be planted shall be submitted to and specifically approved in writing by the Local Planning Authority prior to the commencement of the development and shall, following approval of such a scheme, be implemented in the first planting season following commencement of the development or at such other time as may be specifically approved in writing by the Local Planning Authority.

10 Any trees planted in accordance with condition no. 9 above subsequently removed, dying, being severely damaged or becoming seriously diseased within two years of planting shall be replaced with trees of similar size and species to those originally planted to the satisfaction of the Local Planning Authority.

11 The finished ground floor level of the dwelling hereby permitted shall be set at a minimum of 6.1 m AOD.

REASONS

1,3+4 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 For the avoidance of doubt.

5-10 In the interest of visual amenities.

11 To reduce the risk of flooding.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their letter of 23rd May 2007, a copy of which is appended to this planning permission.

2 Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter of 7th July 2007, a copy of which is appended to this planning permission.

3 The temporary siting of a residential caravan during development of a site will, in the majority of cases, require planning permission. In order to avoid the necessity of a separate planning application and fee, developers are advised that if a residential caravan is required, it should be included as part of the description of development (and on plan), of any submission of reserved matters or full planning application arising from this outline planning permission.

4 The developer is strongly advised to contact Western Power Distribution prior to any development, in order to ascertain Western Power Distribution's requirements for the protection of any existing services and to obtain details of them. This could avoid a serious accident and the developer paying costs of repairs.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/15045

Application Type

Full Planning

Proposal
& Location

PROPOSED RESIDENTIAL DEVELOPMENT COMPRISING 52 NO HOUSES AND ASSOCIATED INFRASTRUCTURE WORKS AT LAND SOUTH WEST OF B4310, PORTHYRHYD, CARMS

Applicant

LOVELL PARTNERSHIPS LTD/WALKER STUART, SOUTH WALES REGION, RIVER HOUSE, YNYS BRIDGE COURT, GWAELOD Y GARTH, CARDIFF, CF15 9YY

Agent

OSBORNE V WEBB, 19 CASTLE STREET, CARDIFF, CF10 1BT

Case Officer

Electoral Ward

RICHARD JONES

LLANDDAROG

Date of Registration:

14 DEC 2006

CONSULTATIONS

Head of Transport - No objection subject to conditions.

Head of Public Protection - The provision of 12 affordable dwellings is considered acceptable. Concern has been expressed from the residents of the sheltered housing at Cwm Catti with regard to the proposed footpath link. These properties are controlled by the Council, therefore the section objects on behalf of the residents.

Head of Education - No objection subject to a contribution of £67,000 to local education provision.

Llanddarog Community Council - Have engaged a planning consultant to present their concerns. They object to the scheme and base their concerns upon the proposed density, inadequate sewerage capacity, the site's designation within Flood Zone B, impact upon the Welsh language and general concern with regard to the validity of the applicant's design statement.

Local Member - County Councillor W T Evans has not commented to date.

Environment Agency - No objection subject to a condition and advisory notes.

Dwr Cymru/Welsh Water - No objection subjection to conditions and advisory notes.

Helen Mary Jones - Assembly Member Mid and West Wales - Supports the concerns raised by the villagers of Porthyrhyd and suggests a full investigation of the flooding/sewerage issues relating to this scheme. Also there will be an impact on local services.

Neighbours/Public - The application has been publicized by the posting of three Site Notices adjacent to the site and 13 neighbouring dwellings were individually consulted. The application has also been publicized in the local press. A petition containing 269 signatures and 43 letters of representation have been received and these are summarized below:

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

THE SITE

The application site comprises an agricultural field located at the western edge of the settlement of Porthyrhyd. The site is relatively flat in nature and bounded by hedgerow and has a maximum length of 230 metres and a width of approximately 125 metres. The north eastern perimeter of the site partially bounds the B4310 County road in addition to the rear boundaries of the dwellings know as Hafan, Swn-Y-Nat and Rhydwen including those at Cwm Catti, a small cul-de-sac of bungalows. The remaining boundaries of the site adjoin open pasture land whilst the village of Llanddarog is located some 0.5km to the west.

The application site is within the settlement limits of Porthyrhyd as defined by the adopted Carmarthenshire Unitary Development Plan (19th July 2006) and is allocated for residential development. In considering this land allocation the Planning Inspector who presided over the Public Inquiry into the UDP stated: I do not consider the site should be reduced in size, as suggested by some objectors. It logically extends up to natural defensible boundaries which are formed by established hedgerows. In this regard, I consider the site represents an efficient use of land and is respectful of the existing landscape structure...It fully accords with National Planning Policy which specifies that new housing developments should be well integrated with and connected to the existing pattern of settlements. Consequently, I conclude that the site should remain as an allocation of the plan.

Based on the above conclusions, there is a presumption in favour of residential development at this site.

THE PROPOSAL

The applicant proposes to construct 52 dwellings and associated infrastructure works at the site. Access will be derived off the B4310 County road opposite the existing residential dwelling known as Ty-Yr-Ynys. An estate road with pedestrian footways and turning heads will meander through the site and serve detached, semi-detached and link dwelling houses. A total of seven dwelling types are proposed: The Moreton - a semi-detached dwelling comprising three bedrooms (4 dwellings); the Hareford - a four bedroom detached dwelling with integral garage (14 dwellings); the Harvington - a three bedroom detached dwelling (6 dwellings), the Oakwell - a detached four bedroom house (10 dwellings); the Queensford a large four bedroom house (6 dwellings). The affordable dwellings will consist of three pairs of semi-detached dwellings and two links of three units which are smaller two and three bedroom properties (12 dwellings). The dwellings will be integrated with each other and will predominantly face the estate road with parking being provided on forecourts, in detached garages or integral garages. Dwellings will have landscaped front gardens and rear amenity areas of no less than 10 metres in depth.

It is proposed to implement the development over two phases. In the event of planning approval Phase 1 will be implemented and constitute 32 dwellings (including 6 affordable units) located at the north western half of the site. The commencement of Phase 2 which will provide the remaining 20 dwellings (6 affordable) will be in 2014 and will occupy the south eastern half of the site. This will also include on on-site play area and pumping station to be located adjacent to the site's south western boundary.

PLANNING POLICY

Carmarthenshire Unitary Development Plan Policies

Policy H 1 relates to allocated housing sites such as that currently under consideration. Policy H 2 permits proposals for residential development within the defined development limits of settlements where the proposal conforms to, and does not conflict with the policies of the plan, and subject to there being no highway, amenity or utility service provision objections. Policy GDC 2 is the General Development policy and considers development proposals to have regard to visual and residential amenities of the area.

Also relevant is Policy GDC 8 in that the siting and design of proposed developments should have full regard to the physical character and topography of the site by avoiding conspicuous locations on prominent skylines or ridges; integrating into the contours of the site; avoiding locations that would have an adverse visual impact on prominent buildings, landscapes, open spaces and the general locality from the site; ensuring the height of any new building is in scale with adjoining buildings, so as not to lead to unacceptable overlooking or overshadowing; utilizing topography to maximize energy efficiency, where feasible. The provisions of Policy GDC 9 will be considered i.e. new housing development should include appropriate amenity and utility space proportionate to the scale, layout, and location of the proposed development.

A number of policies relating to highway safety and transport considerations will apply and these include the following: Policy GDC 11 states that development will need to be served by an appropriate access incorporating visibility requirements and appropriate vehicular parking provision. Policy GDC 12 states that proposals which would generate levels of traffic on the surrounding road network, which would cause harm to highway safety on that network or to the amenity of residents, will be refused. Policy T 1 relates to the location of new development and states that sites which are well served by public transport and are accessible by cycling and walking will be permitted. Policy T 3 requires developments to have access provision, including turning areas and is of an appropriate standard for vehicles, cyclists and pedestrians. Policy T4 relates parking standards for new developments and reiterates the criteria contained in Policy GDC 11.

Policy GDC 33 relates to community benefits and it is the policy of the council to seek to negotiate contributions from developers to fund community facilities, infrastructure, affordable housing, education facilities, environmental projects and highway works where required. This is on order to meet the needs of local people and in the interests of amenity. Linked to this policy are policies H4 - Affordable Housing, REC 8 - Provision of Open Space in New Residential Developments and Policy C4 - Provision of Community Facilities in Residential Development.

In terms of assessing the impact of the development upon the Welsh Language, Policies GDC 2, CUDP 5 and C 5 are relevant and state that proposals shall have regard to the long term vitality and viability of the Welsh language and culture. Furthermore development proposals shall have full regard to safeguarding and making a positive contribution to the social, cultural and linguistic characteristics of the County.

The following policies relate to infrastructure, drainage and utility provision. Policy GDC 14 states that new development should not have a detrimental impact on the capacity of utility services, including sewers, sewage treatment works, electricity, water, gas and telecommunications. Policy UT 1 relates to infrastructure in new development and where improvements and extensions to services are necessary but are not programmed, conditions or planning obligations will, where appropriate, be used to secure new or improved infrastructure facilities to serve the new development. Policy UT 8 requires proposals to take account of the impact of service water drainage and accordingly include measures to acceptably manage its disposal.

National Planning Policies

Technical Advice Note 12: Design is the Welsh Assembly Government's guidance document on design issues and is a material consideration in determining planning applications. The document views sustainable development at the heart of the design process and assessing housing design and layout housing design should aim to promote layouts and designs which encourage community safety and accessibility in addition to securing the most efficient use of land (paragraph 5.52 refers)

Technical Advice Note 20: The Welsh Language - Unitary Development Plans and Planning Control recognizes that the impact upon the Welsh language is a material planning consideration. Paragraph 6 states: It should be the aim of local planning authorities to provide for the broad distribution of phasing of housing development taking into account the ability of different areas and communities to accommodate that development without eroding the position of the Welsh language. Appropriate policies about the broad scale, location and phasing of new development could assist in achieving this aim. Policies relating to the provision of affordable housing could also be of benefit.

An assessment of the proposal in relation to these policies will now follow:

In support of the submission the applicant has submitted a design statement which attempts to place the proposed development in context with the village of Porthyrhyd. In justifying the proposed density, the applicant has identified the village core which consists of those dwellings situated in the vicinity of the two public houses, post office and the spur of B4310 to the north west of Porthyrhyd square. The applicant has calculated that the dwellings on either side of the B4310 and those closest to the application site have a density of 21 units per hectare. This compares with 22 per hectare for the application site.

It is recognized that there are concerns regarding the density of the scheme, however, it is considered that the siting of 52 dwellings on a site of this size represents and efficient use of land in accordance with paragraph 9.1.2. of Planning Policy Wales. Moreover, the dwellings have minimum garden depths of 10 metres and have been laid out to comply with modern residential standards in terms of their separation distances from one another. Furthermore, the development consists of mixed tenure dwellings in addition to a variety of house types that will provide a choice of 2, 3 and 4 bedroom properties.

Given the size and shape of the site it is inevitable that there will be a change to the character of the village as at present it is typified by a linear arrangement of dwellings fronting onto the B4310. In contrast the depth of the application site is conducive to a different pattern of development whereby the arrangement of dwellings will inevitably back onto one another thus creating the perception of a much higher density compared to the existing settlement, whereby many dwellings back onto agricultural fields portraying a sense of openness. It must be borne in mind that the size of the site has already been determined.

In view of the above, whilst it is acknowledged that an indicative figure of 30 units was proposed for this site, the proposal for 52 dwellings is considered acceptable in terms of density as it will result in an efficient use of the land, provide a mixed tenure development and will not significantly detract from the existing density of the settlement.

In terms of the design and layout of the scheme, a good mix of dwelling types are proposed which include detached, semi detached and link dwellings. These will be integrated with one another within the estate so as to provide architectural variety in the street scene. In their wider context the designs of the dwellings proposed are consistent with those in the village in terms of architectural form and scale. Five of the dwellings, namely plots 1, 2, 3, 51 and 52, will have their front elevations facing onto the B4310 carriageway so as to provide continuity in the built frontage of this part of Porthyrhyd. Each dwelling has forecourt parking and a rear garden with a minimum depth of 10 metres, whilst satisfactory separation distances are maintained between each unit in order to ensure the residential amenities of future occupiers are not harmed. In terms of the development's wider impact, it will be clearly viewed from neighbouring vantage points such as the B4310 highway to the west when leaving the village of Llanddarog. The roof scape of the development will also be visible from the A48 dual carriageway to the north. Given the scale of the development site, it is inevitable that the proposal will be noticeable from surrounding vantage points. Notwithstanding this the development will be well integrated into the existing settlement and will not overtly harm the surrounding landscape or appear isolated or detached from the village.

Overall the proposal is considered acceptable from a visual perspective and will not significantly harm the character and appearance of the area.

With regard to the impact upon the residential amenities of existing neighbouring occupiers, the dwellings closet to the proposed development site are Hafan, Swn Y Nant, Rhydwen and Margam Villa, in addition to the sheltered bungalows at Cwm Catti. The application site is marginally lower in terms of land level than the dwellings referred to above. Plots 16 and 17 will have their flank elevations facing the rear garden areas of Hafan and Swn-Y-Nant. A variable separation distance of between 12 and 21 metres will be maintained from the proposed flank walls and the rear elevations of the existing dwellings. There will be no direct overlooking into these garden areas, whilst the separation distances adhere to standard residential layout design. The same applies to Plots 20-22 which face Swn-Y-Nant and Margam Villa. In this case the separation distances are greater with the proposed first floor windows maintaining a minimum separation distances of 16 metres from the intervening private garden areas of the above mentioned properties. Plot 24 will have its flank wall facing the corresponding elevation of No5 Cwm Catti and maintain a separation distance of 15 metres. Again this is considered satisfactory in terms of its siting and should ensure no detriment to the amenities of this dwelling in terms of overbearance, loss of light and overlooking.

The developer proposes a footpath link between Plot 24 and the proposed play area which forms Phase 2 of the proposal. The footpath will link into the Cwm Catti estate and provide pedestrians and cyclists access to the centre of the village where the Post Office, bus stop and village pubs are located. This is considered a positive feature of the scheme's design and layout in that it will encourage accessibility through walking and cycling, whilst also providing a short journey by foot to the village's services and amenities. It is possible that the footpath could reduce the number of car borne journeys, from the site to the village centre thus according with the Council's aim to promote sustainable forms development. Moreover this part of the proposal is consistent with the aims of paragraphs 3.21, 3.26 and 5.52 of Technical Advice Note 12: Design which requires developers to consider pedestrian movements and encourage accessibility. Furthermore a degree of natural surveillance will be afforded to the footpath as the front elevations of Plots 23 and 24 will overlook it.

Concern has been expressed regarding the location of the footpath from local residents especially those residing at the sheltered accommodation at Cwm Catti. They consider that the footpath will increase levels of noise and disturbance in addition to crime in and around their properties. This concern has also been raised by the Housing Section who rent these dwellings to the elderly. In response, it is not the responsibility of the planning system to control anti-social behaviour. Furthermore, it is considered that the arguments in the preceding paragraph outweigh these concerns.

In terms of the proposal's impact upon the Welsh language the relevant policy instruments are Technical Advice Note (Wales) 20 - The Welsh Language and Policies GDC 2 (xi), CUDP 5 and C 5 of the Carmarthenshire Unitary Development Plan. The main thrust of these policies is that development proposals shall have regard to safeguarding and making a positive contribution to the Welsh language and that the impact upon the linguistic character of an area is a material planning consideration.

Policy C5 of the UDP states that Supplementary Planning Guidance will be prepared, which will provide guidance on the measurement of detrimental impact and the use of Linguistic Impact Assessments in determining planning applications. This, however, has not been prepared to date. Notwithstanding this, a discussion paper entitled Planning and the Welsh Language - the Way Ahead (December 2005) has been prepared by a consortium of organizations made up of local authorities, Bwrdd Y Iaith (Welsh Language Board), the Home Builders Federation and the Welsh Assembly Government. This document has no formal planning policy status at present, however it is hoped that it will form the basis for reviewing WAG Technical Advice Note 20 and Planning Policy Wales. A methodology for the assessment of development proposals is contained within this discussion paper.

The village of Porthyrhyd is believed to have a percentage of Welsh speakers amounting to 63% of its population. Although this represents a high proportion compared to the statistic for the county (50%), the number of Welsh speakers in the village decreased by 6% between 1991 and 2001. Clearly the language is an important part of village life and its social fabric. Given the scale of the proposal it was requested that the developer submit a Language Impact Assessment to assess the effect of 52 dwellings upon the Welsh language in the village. It was recommended that the methodology in the discussion paper referred to above be used as a means of assessing the impact. In response the local Community Council commissioned a Welsh Language expert to prepare their own assessment.

The two assessments provide different conclusions as to the impact of the proposal. Lovell contend that the development will have a neutral impact on the Welsh language whilst Dylan Bryn Roberts considers that the development would have a -2 negative impact on the Welsh language by accelerating the process of immigration, which would lead to a further decline in the number of Welsh speakers in the village. Dylan Bryn Roberts considers that the Lovell development will decrease the percentage of Welsh speakers in the village from 63% to between 55% and 50%.

There are obvious differences in the two reports in addition to flaws. For example Lovell's have not made use of statistical data in which to present their case and use hypothetical assumptions on the proportion of new residents that would be able to speak Welsh. Dylan Bryn Roberts report, however, has taken a more analytical approach with better use of census date which provides a more convincing argument. Despite this the Roberts report over-estimates the number of in-comers who would be of primary school age, thus distorting his conclusion that the proposal will have a negative effect on the linguistic balance of the local primary school.

In view of these disparities comments have been sought from the Welsh Language Board. They consider that with careful planning some of the negative impacts of the development maybe overcome, however, they believe that the village is not large enough to be able to integrate such a large volume of new residents and it could serve as a trigger to undermine Welsh as a community language.

Before making an assessment of the impact of the proposal on the Welsh language it must be appreciated that the Language Impact Assessment methodology used by Lovell and Dylan Bryn Roberts respectively, has not been adopted by the Welsh Assembly Government and as such has not gone through the rigors of a formal consultation process. In view of this it cannot be wholly accepted as a valid planning policy in this instance.

Despite this some of the conclusions made provide a strong indication that the construction of 52 dwellings at this site will have an impact upon the linguistic balance of the village of Porthyrhyd. Mindful of this impact, officers have requested that the developer phase the development over a period of time thereby reducing the sudden influx of in-comers to the village and the resultant harm upon the Welsh language spoken in the area. The applicant proposes to construct the first 32 dwellings in the event of planning approval being given, whilst the construction of the remaining 20 units will commence in 2014 thus allowing for a gradual increase in the population of the village as opposed to a sudden influx. The phasing residential development is an approach which is advocated by Technical Advice Note (TAN) 20 - The Welsh Language (see paragraph 6). Six affordable dwellings will be provided in each phase and this form of tenure is also supported by TAN 20. There is a strong possibility that these dwellings will be inhabited by members of the local community who may speak the Welsh Language as the Council's Social Housing policy gives extra points to those dependant on family living in the area and currently residing in the community network (i.e. Gwendraeth Valley).

In view of the applicant's intention to phase the development it is considered that the proposal will not significantly harm the cultural and linguistic character of the village to any significant degree. The phasing of the development will allow the community to absorb the influx of newcomers over a period of time thus ensuring gradual integration. A condition and legal agreement controlling the phasing of the development is proposed.

The Environment Agency and Welsh Water have both been formally consulted with regard to this application. The Environment Agency have identified the site as being in flood Zone A (as defined by TAN 15 - Development and Flood Risk), therefore no flood risk on the site itself is anticipated. It is noted that the size of the proposed site is significant; therefore if any surface water is to be discharged to a river, the developer must ensure that discharges do not exceed Greenfield run-off rates. No objection is given subject to a condition relating to the provision and implementation of a surface water regulation system.

With regard to the foul water discharges from the proposed site, Welsh Water have indicated that the current public sewerage system in the area of the site is of insufficient capacity to accommodate the foul flows from the proposed development. Notwithstanding this, modeling work has identified that in order to accommodate 32 dwellings (Phase 1) improvement works to the public sewerage system will be required. These works must be funded by the developer through the sewer requisition process and will include additional storage provision at the downstream Porthyrhyd Pumping Station.

Further improvement works will be required to facilitate Phase 2 of the development and details of which will be required to meet the approval of the Local Planning Authority. In view of the above Welsh Water raise no objection subject to the imposition of conditions requesting that these upgrading works take place. It is considered, however, that improvement works are best implemented as part of a legal agreement.

As the proposal exceeds 30 dwelling units it was requested that a Movement Impact Assessment be submitted to gauge the scheme's impact upon the local road network. WSP Development and Transportation Ltd have produced an MIA on behalf of Lovell. The MIA concludes that the proposed development of the site is sustainable, that it will not attract unacceptable numbers of new trips, that it will have a negligible impact on the local highway network and that it can be readily accessed on foot, by bicycle and by local bus services.

The Head of Transport has inspected the report and is satisfied with the conclusions drawn. The Section also raises no objection with regard to the geometry of the proposed estate road, parking provision and visibility subject to conditions and advisory notes.

In accordance with Policy GDC 33 it is the Council's policy to seek to negotiate contributions from developer's to fund community facilities, infrastructure, affordable housing, education facilities, environmental projects and highway works where necessary. It has been agreed with the Authority's Education Department that the developer contribute £67,000 toward local education provision. This sum is based on a formula used by the Department which specifically relates to Section 106 contributions. Out of the 52 dwellings proposed a total of 12 affordable units will be provided and this will be split over the two phases (6 dwellings per phase). This represents a percentage of 23%. The Housing Section is satisfied with this number.

In terms of open space provision, it is understood that the developer had sought to provide a contribution towards off-site play facilities however, negotiations with the Porthyrhyd Welfare Committee, who own the recreation field in the centre of the village, have failed. The applicant therefore proposes to provide a play facility within the site at the south eastern corner and will form part of Phase 2. It is considered that sufficient separation distance has been provided from the neighbouring occupiers at Cwm Catti so as to maintain satisfactory amenity levels. Moreover, a number of dwellings will overlook the play area thus ensuring natural surveillance.

The above contributions will be secured by means of a Section 106 legal agreement

THIRD PARTY REPRESENTATIONS

Turning now to the concerns raised by third party objectors. It is considered that the issues relating to the impact on character and density, the Welsh Language, residential amenity, the proposed footpath link through Cwm Catti and Sewerage and Flooding have been adequately addressed in the main body of the report. Each of the remaining concerns expressed by objectors will be addressed below.

Firstly, with regard to the alignment of B4310 carriageway on the submitted plan, the applicant has confirmed that the submitted 1:500 layout plan (received on 3rd August 2007) has been mapped in accordance with Ordnance Survey data. Secondly one objector contends that public transport provision in the area is sparse and as such the proposal will necessitate increased car borne journeys thus representing an unsustainable form of development. Despite this claim, the submitted MIA indicates that three different bus routes go through the village providing up to 8 services per day. It is considered that this is satisfactory for existing and future residents of the village.

The loss of an individual's view and the impact a development has on property values are not considered material planning considerations and therefore will not be taken into account. The impact or loss of electricity lines has been raised; however, this matter can be covered by an advisory note requesting that the developer contact Western Power Distribution prior to development in order to discuss re-alignment.

The siting of a gas compound in close proximity to existing and proposed residential dwellings is considered a threat to property and life. The applicant will be advised to contact the gas undertaker to discuss the siting of the compound and the separation distance that it must maintain from property.

A number of objectors were under the impression that the application site lies within flood Zone B thus being more vulnerable to flooding. This is not the case as the site has been confirmed to be in Zone A. Objectors might want to discuss this matter further with the Environment Agency.

In terms of the removal of the natural hedgerow currently bounding the north eastern perimeter of the site, it is not considered that its loss will be significant given that the majority of the hedgerow bounding the site will be maintained.

An Environment Impact Assessment screening exercise has been carried out in respect of this application and it was considered that a formal EIA was not necessary given the nature and scale of the application. Furthermore the site does not fall within any landscape designation and has also been assessed as part of the public inquiry into the UDP.

Objectors claim that the local primary school is in a poor state of repair and running close to over-capacity and on this basis the developer contribution of £67,000 is insufficient. Notwithstanding this the financial contribution requested is based on a specific formula used by the Education Department.

CONCLUSION

In conclusion and having regard to prevailing planning policies and all material considerations, it is considered that the proposed development of 52 dwellings at this site is acceptable subject to the phasing of the development, essential upgrading works to the public sewerage system and other related conditions. Approval is recommended.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of 3 years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the following schedule of plans:- 1:1250 scale site location plan, G/01, G/02, G/03, Hf.PL/01, Hf.PL/02, Hf.PL/03, Hv.PL/01 Hv.Pl/02, Mn.PL/01, Mn.PL/02 531.PL/01, 531.PL/02 received on 14th December 2006; Drawing Numbers Hf.PL/03 rev A Hv.PL/03 rev A, Q.PL/01 rev A, Q.PL/02 rev A, Q.PL/03 rev B, O.PL/01 rev A, O.PL/02 rev A, O.PL/03 rev B, MN.PL/03 rev A, 421.PL/01, 421.PL/02, 421.PL/03, 531.PL/03 rev A, Street Scene Elevations A and B received on 14th March 2007; Movement Impact Assessment received on 21st May 2007; and Drawing Number G2365/04 Rev B received on 3rd August 2007, unless otherwise amended by any following conditions.

3 A detailed landscaping scheme for the whole site including the retention of any existing landscape features and the indication of species, size and number of trees and/or shrubs to be planted shall be submitted to and specifically approved in writing by the Local Planning Authority prior to the commencement of the development and shall, following approval of such a scheme, be implemented in the first planting season following commencement of the development or at such other time as may be specifically approved in writing by the Local Planning Authority.

4 A scheme of colours and texture of materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved.

5 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority.

6 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.

7 Foul water and surface water discharges shall be drained separately from the site.

8 Land drainage run-off shall not be permitted to discharge, either directly or in-directly, into the public sewerage system.

9 No development shall commence until the Developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with and this has been agreed in writing by the Local Planning Authority in liaison with Dwr Cymru Welsh Water's Network Development Consultant.

10 Prior to its use by vehicular traffic, the new estate road shall be laid out and constructed with 5.5 metre carriageway, 1.8 metre footways, and 6 metre kerbed radii at the junction with the B4310 road.

11 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole B4310 Road frontage within 2.4 metres of the near edge of the highway.

12 Prior to the occupation of any of the dwellings herewith approved, the required access roads and footpaths from the existing public highway shall be laid out and constructed strictly in accordance with the plans herewith approved, to at least the base course levels, and with the visibility splays provided.

13 The parking spaces and layout shown on the plans herewith approved shall be provided to the written approval of the Local Planning Authority prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purpose of parking only. The number of on plot parking spaces shall conform to appropriate maximum parking standards as set out in the South Wales Parking Guidelines 1993).

14 The development of the site shall be undertaken in two phases in accordance with details contained in Drawing Number G2365/04 Rev B received on 3rd August 2007. The two phases shall cover the following periods: Phase 1 2007 - 2209 and Phase 2 from 2014 onwards.

REASONS

1 Required for the purposes of phasing the development.

2 To safeguard the appearance of the completed development and the visual amenities of the locality.

3+4 In the interests of visual amenity.

5 To prevent the increase of flooding to third parties.

6 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

7 To protect the integrity of the Public Sewerage System.

8 To prevent hydraulic overload of the public sewerage system and pollution of the environment.

9 To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system.

10-13 In the interests of highway safety.

14 To ensure the integration of the site within the village and to limit the impact of the development on the linguistic character of the village in accordance with Planning Policy Guidance (Wales_ - Technical Advice Note 20 - The Welsh Language - Unitary Development Plans and Planning Control (June 2000).

NOTE(S)

1 All surface water from the development herewith approved shall be trapped and disposed of so as to ensure that it does not flow on to any part of the public highway.

2 No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

3 If the applicant intends to offer the proposed estate road for adoption to the highway Authority under Section 38 of the Highways Act 1980, then he is advised to contact the Authority's Highways Adoptions officer Mr Cliff Cleaton, at the earliest opportunity.

4 It is the responsibility of the developer to contact the Street works Manager of the Local Highway Authority to apply for a Street works Licence before undertaking any works on an existing Public Highway.

5 Any amendment or alteration of an existing public highway in connection with a new development shall be undertaken under a Section 278 Agreement of the Highways Act 1980. It is the responsibility of the developer to request the Local Highway Authority to proceed with this agreement and the developer is advised that the total costs of entering into such an agreement, as well as the costs of undertaking any physical works on site, shall be met by him.

6 The planning permission hereby granted is dependent upon the developer, prior to the commencement of development, entering into an agreement with Carmarthenshire County Council under Section 106 of the Town and Country Planning Act 1990 to secure a contribution of £67,000 towards local education facilities and to provide 12 affordable dwellings on site. In addition secure indexed financial contributions (as necessary and specified by the Local Planning Authority) towards the improvement/upgrading and future maintenance of the proposed on site play area shall be provided.

7 The planning permission hereby granted is dependent upon the developer, prior to the commencement of development, entering into an agreement with Carmarthenshire County Council under Section 106 of the Town and Country Planning Act 1990 relating to the upgrading of the existing public sewerage system. Welsh Water have recommended the following:

There shall be no beneficial use or occupation of any dwelling until such a time as the storage volume at the Porthyrhyd Pumping Station has been increased by a maximum of 14m3. Foul drainage from the site is then to connect into the public sewer network at an agreed point of adequacy adjacent to the pumping station. All works are to be carried out to a scheme to be agreed and implemented in full, to the approval of Dwr Cymru Welsh Water. Such approval is to be confirmed in writing, and approved by the Local Planning Authority.

Upon completion of the above works no more than 32 dwellings shall be brought into beneficial use or occupation, until such a time as additional foul sewerage infrastructure improvement works have been carried out to a scheme to the approval of Dwr Cymru Welsh Water. Such approval is to be confirmed in writing, and approved by the Local Planning Authority.

8 The applicant's attention is drawn to an electricity power line crossing the site. It is strongly advised that Western Power Distribution is contacted prior to the commencement of development.

9 The applicant's is advised to contact the provider of the gas to the proposed compound adjacent to the site access prior to the commencement of development to discuss potential safety implications.

10 Prior to the occupation of any of the dwellings herewith permitted, a Traffic Management scheme shall be constructed under Section 278 of the Highway Act. (Please liaise with Carmarthenshire County Councils Traffic Management Department.)

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/15206

Application Type

Full Planning

Proposal
& Location

INDUSTRIAL WAREHOUSE FOR PRODUCTION AND DISTRIBUTION OF BOTTLED MINERAL WATER AT OS 4245, PENDDERI, MAESYCRUGIAU, PENCADER, CARMS

Applicant

RED DRAGON WATER LTD, SUNDIAL HOUSE, WESTON ROAD, EDITH WESTON, RUTLAND, LE15 8HQ

Agent

A C ROBINSON & ASSOCIATES, ALEXANDRA PARK, PRESCOT ROAD, ST HELENS, WA10 3TT

Case Officer

Electoral Ward

STUART WILLIS

LLANFIHANGEL-AR-ARTH

Date of Registration:

12 JAN 2007

CONSULTATIONS

Head of Transport - Presently considering a Movement Impact Assessment submitted in June.

Head of Public Protection - Has sent initial comments stating if no further reply was received in 21 days that there were no adverse comments to make. No subsequent response has been received.

Llanllwni Community Council - Has objected to the proposal on the following grounds:-

Local Member - County Councillor Mrs F M Jones is a nominated substitute for the Planning Committee and has not commented to date.

Environment Agency - Has recommended that if the permission is included that several conditions be attached. These relate to contaminated material, details of foul water and surface water disposal, further information regarding soakaways and the location of the proposed septic tank. Further information is also provided which will be attached to any permission.

Dwr Cymru/Welsh Water - Have raised no objection, further information will be attached to any permission.

Countryside Council for Wales - Has stated that they do not consider the proposed development would have any negative impact on the Teifi Special Area of Conservation and has said that an ecological survey although possibly worthy has not been requested. Further information will be attached to any permission.

Neighbours/Public - The application has been publicised by the posting of a Site Notice, at Press, and seven neighbouring properties have been notified. Eighty-eight letters of objection, along with a petition (approximately 250 signatures) against the proposal, have been received as a result. They object to the proposal on the following grounds:-

· design concerns over materials not being in keeping

· building significantly larger than previous approvals

· highly visible and not screened or cut into the landscape

· narrow lane access

· inadequate road network

· traffic generation

· affect/impact on Special Landscape Area

· negative impact on rural character of the area

· highway safety

· noise/smell/light pollution and disturbance

· reduced river level and pollution of the river

· alternative sites in limits more appropriate

· ecological damage

· loss of pastoral land

· inadequate surface drainage

· damage to highway/bridges/verges by vehicles

· insufficient passing bays

· insufficient information on soakaways

· poor drainage for soakaways

· septic tank not appropriate

· no details of underground pipes supplied

· query over whether permission for bore holes are required

· excavation affecting water table

· no Environmental Impact Assessment submitted

· restriction of working hours requested

· ownership issues

· company not locally based

· business unlikely to succeed

· loss of tourism

· damage to vehicles

· devaluation of property

· workers will not be local people

· land is outside the development limits of the UDP

· concern other commercial development would follow

· building not located at the site of the spring

· electricity supply concerns

· lack of information of waste materials and disposal

· loss of views

· concern over the disposal of soil removed from the site

· transport Assessment misleading and inaccurate

· queries regarding manufacturing bottles at the plant

· query over location within a AONB

· outside storage problems

· disruption during construction

· low paid jobs likely to have minor impact

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/02221 Renewal of D4/24472 - for bottling hall for

natural water

Full planning refused 12 January 1999

D4/24472 Bottling hall for natural mineral water

Full planning permission 12 April 1994

D4/17026 Bottling hall for natural mineral water

Approved 4 April 1989

APPRAISAL

THE SITE

The application site is a field in open countryside near the village of Maesycrugiau and approximately 2km north of Llanllwni. It is currently rough pasture but did at one time have a railway line running from southwest to north east through the site. The site is slightly raised initially from the road and then falls away to the former railway line and the rear of the site. There are mature trees and hedgerows along most of the boundaries. There is a single property opposite the site and a small number to the east of the site further along the lane. Planning permission was granted for a bottling hall for natural mineral water in April 1989 and this was renewed in April 1994. The building was smaller than that currently proposed and was located below road level within the area of the former railway line. The access and lay-by proposed in these applications was constructed and therefore these permissions remain extant in perpetuity. A further renewal of the bottling hall was refused on 12th January 1999 due to the site being located in the open countryside and not meeting the exceptions allowed under the adopted policy of the time.

THE PROPOSAL

The application seeks full planning permission for the construction of an L-shaped industrial warehouse for the bottling and distribution of bottled water from a nearby spring. The spring is located across the road from the site approximately 90m away.

The proposed bottling plant would employ a total of 19 staff all of which will be new job opportunities. This would consist of 12 industrial staff, 5 office staff and 2 other staff at the site. The plant will bottle the water from the nearby spring using plastic bottles brought to the site and expanded on site to the appropriate size.

The proposed building measures approximately 69m at its widest by 46m at its maximum depth with a maximum height of 8.6m on the front elevation although most of this elevation is only 6.7m. The building would cover approximately 1890sqm. The roof has a relatively shallow pitch.

The building has been moved further to the rear of the site where the land has a hollow where a former railway track once was. The land would be cut away so that the floor level of the building would be 1m lower than the road. There are 20 parking spaces provided to the front of the building and a vehicle area to the rear for lorries visiting the site. The access point would be located approximately where the current access has been constructed. The entrance though would be 20m wide, whereas that previously approved only measured 5m.

The external materials have also been altered to include rendered panels to the front and eastern elevations. The building is of industrial design with panel sections to the walls. Part will be render to the most visible elevations as was the case with the previous application. Other sections will be glazed. The roof will be covered in sheeting.

An amended landscaping scheme has also been submitted following the recommendation of our Conservation Section. This now includes an increased level of planting to 40 new trees and the use of more indigenous species such as ash, birch, beech and willow. Planting is proposed to the front and eastern sides of the building and levels have been submitted showing these parts to be built up to screen the development. Existing trees are also to be maintained along the boundaries. Amended details regarding the waste products created and their disposal have been submitted further to requests from the Environment Agency.

The previously approved and partly implemented scheme measured approximately 46m wide and 20m in depth. The height of the building was to be 8.3m above the ground level. This proposal also included cutting into the existing ground levels. A lay by of 30.5m was approved with the creation of an access. It is these works that took place during the life of the previous permissions and therefore this application remains extant in perpetuity. The building covered approximately 910sqm.

A Traffic and Highways Report was submitted following discussions with out Highways Section.

The report states that all access would come from the south west off the A485 and that while the road is narrow it is typical of rural areas and of a similar standard as other roads in the area currently carrying industrial and agricultural traffic. The site is expected to result in around 12 medium goods vehicle deliveries from the site per week, (i.e. 12 full loads leaving the site and 12 empty trailers returning). They state that as the bottles will now be altered on site this would reduce the level of traffic that would have been required to previously bring bottles in to the site.

PLANNING POLICY

In respect of the application's policy context reference is drawn to Policy GDC3, GDC2, T3, E4 and EN16 of the Unitary Development Plan. Reference should also be drawn to National Policy and guidance in terms of TAN18 and Planning Policy Wales.

GDC3 - Development In The Countryside

GDC2 - Overall Development Policy

T3 - Highway Considerations Of Development

E4 - Small-Scale Employment Outside Settlement Limits

EN16 - Special Landscape Areas

THIRD PARTY REPRESENTATIONS

As members will have already noted, a significant number of letters of representation have been received from neighbouring residents who object to the application and draw reference to a number of issues. These will be addressed in the following appraisal.

The vast majority of representations received refer to the inadequacy of the local highway network to accommodate the additional level of traffic likely to be generated by the site's development and the consequential impact upon highway safety within the surrounding area. Concerns were raised in relation to a lack of passing bays, inadequate highways network, details of the site access, narrow lane access, traffic generation, highways safety, concerns over the suitability of the nearby railway bridge, and allegations of an inaccurate and misleading Traffic Assessment. To date no formal response has been received from our Highways Section following the submission of the Traffic and Highways Report. This recommendation is subject to the response from our Highways Section.

The other major concerns related to the location of the site and its affect on the character of the area. Within this objections related to the site being located outside the development limits, being within a Special Landscape Area, being in an Area of Outstanding Natural Beauty, affect on the rural character of the area, alternative sites within limits being more suitable, ecological damage, affect on flora and fauna, loss of pastoral land, the lack of an Environmental Impact Assessment, reduced river level, loss of tourism and the building not being located at the site of the spring.

Firstly it should be stated that the site does not lie within an Area of Outstanding natural beauty. The site is within a Special Landscape Area however there have been no objections from Countryside Council for Wales, our Conservation Section or any other body consulted in relation to flora, fauna and the designated Special Landscape Area. The Countryside Council have stated they do not feel the proposal would have a negative impact on the Teifi Special Area of Conservation. Also neither they nor the Conservation Section of the Authority requested any ecological survey. As such the proposal would comply with Policy EN16 regarding development in a Special Landscape Area.

Initial comments from our Conservation Section requested a greater level of landscaping and planting and alterations to the proposed species. This was done and amended plans have shown the inclusion of 40 new trees as well as other shrubs and the retention of existing boundary trees. The species was also altered and no negative response has been received regarding the new scheme. The only concerns were that part of the southwest corner of the site might not quite achieve a 2-3m buffer from the boundary hedge. An Environmental Impact Assessment was not requested for this application. This was partly as no concerns were raised from the statutory bodies and no request was made from them. Also the presence of the extant permission means that the previous permission could be implemented at any time at the site.

The members should also be aware that the previous permissions did not include a condition preventing the change of use of the building. The bottling plant is considered to fall within the B2 use class and if the previous permission were implemented the use of the building could then be changed to other uses that fall within the same use class. These other uses may be more detrimental to the surrounding area in terms of flora, fauna and appearance. If approved this application would include a condition restricting the use of the building to what is proposed and no changes even within the same use class would be permitted without planning permission being sought. Also the traffic generation may be more or of a more disruptive type with these other uses and the level of employment may be less than the 19 jobs proposed with this application.

Objections also alluded to the site being outside the development limits as defined in the adopted Unitary Development Plan and as such would be contrary to policy and suggested a location at alternative sites within these limits would be more appropriate. The application site has previously been granted planning permission for a water bottling plant on two occasions at Planning Committee. As such the principle of this land use has previously been agreed at the site. Also it is important to remind members that the last permission granted was partly implemented. Therefore a bottling plant could be constructed at the site even without this application. This application seeks to build a larger bottling plant at the same site.

The site is outside the development limits of the Unitary Development Plan however policies within that plan and national policy and guidance recognises that at times a location outside settlements is needed and is necessary. Policy E4 of the Unitary Development Plan, in criteria (d) states that in the case of new buildings for small scale employment undertakings these can be justified outside development limits. This is when there is a clear need and where the business has a 'high dependence on a naturally occurring resource at that particular location'. It gives the example of 'spring water' and therefore the proposal clearly complies with this policy. Objections have stated that the site is not the location of the spring. However the spring is only a short distance away across the road from the site. This is considered sufficiently close to the source. Policy GDC3 relating to development more generally in the countryside refers to compliance with Policy E4 as being appropriate to constitute new employment buildings in the countryside. The location of the site near to the spring would give it an advantage in the market where such products are generally considered more desirable and valuable when bottled at source.

National guidance and policy also alludes to the need of some commercial/industrial enterprises being located in rural areas and away from settlements. TAN18 (3.13) states that development plan strategy may require a decentralised approach to employment location. The inclusion of criteria (d) in Policy E4 of the Unitary Development Plan is an indication of such thinking. This may even minimise private car mileage. The location of the spring would mean that to abstract the water vehicles would have to use the roads even if the proposal was at an alternative site. There bottling plant would create 19 jobs in the area and although the proposal site is outside any settlement it is close to the nearby villages than they are to any major settlements. Creating these jobs in the locality may reduce the use of private transport as otherwise these jobs would be provided in the larger settlements which are further away.

Chapter 7 of Planning Policy Wales 'Supporting the Economy' also makes reference to employment proposals in the countryside. Section 7.3 focuses on the rural economy and says, 'small scale enterprises have a vital role in promoting healthy economic activity in rural areas, which can contribute to both local and national competitiveness. New businesses in rural areas are essential to sustain and improve rural communities' (7.3.1). This proposal involves the creation of 19 jobs to what is a rural area and offers clear benefits to the local economy where such numbers of jobs may otherwise be difficult to create and as such is an important consideration.

It goes on to say 'while some employment can be created in rural location by the re-use of existing buildings, new development will be required in many parts...some industries may have specific land requirements which cannot be accommodated within settlements'(7.3.2). The bottling of spring water is a clear example of such an industry and would need to be located outside the settlement limits if that is where the source was.

Another area of concern from objectors related to the size and design of the proposed building and it being larger than that previously approved. The design of the building, materials and location within the site has all been altered to make the building less visible in the landscape and more appropriate to its rural location. The external materials have been altered to the front and eastern elevations, as these are the most visible from the road to include rendered panels. The height of the building is only 300mm higher than the building previously approved. With this proposal much of the front elevation is only 6.7m less than previously approved. The building has a shallow roof which should also reduce its impact in the skyline. The initial location of the building was more to the front of site nearer the road. It was felt that the building should be moved towards the centre of the site where there is a fall in the land where the railway line once was. This was also more in keeping with the location of the previously approved bottling plant. This helped reduce the visibility of the building from the road as did amended levels of the site to show that there would be cutting into the land by over 1m. The extra landscaping previously mentioned would also reduce the visibility of the building from the road and nearby properties and reduces any impact on the character of the area. The site would only be clearly visible from the road to the front and from fields to the rear without any dwellings.

The size of the building is larger than that previously approved being 1890sqm whereas the building previously approved covered 910sqm. However the building previously approved could be constructed due to the permission being partly implemented. Once this was done the building and site would benefit from a certain level of permitted development rights that would allow extensions to the building without the need for planning permission. Permitted development rights for industrial buildings such as those in question would amount to an extra 25% of cubic content or 1000sqm in extra floorspace, which ever would be smaller. The extant consent therefore has the capacity of extending without consent.

A number of concerns were raised regarding noise, smell and light pollution. Pollution and the affect on existing watercourse and the affect on the water table were also of concern. Several concerns were also raised in regard to the proposed methods for disposal of surface water, foul water and waste materials. There has been no negative response from our Environmental Health Section and separate licences and regulations outside planning would cover many issues. Queries regarding the method and amount of abstraction would also be covered by other legislation. Objectors stated that they felt the proposal would have a negative impact on tourism in the area. There does appear to be some bed and breakfasts within the wider vicinity of the site. However, as has been iterated the building would not be obstructive in the landscape. Also controls over working hours including a condition with any approval would lessen any disturbance outside designated hours as well as other legislation outside planning to control. Restrictions on the use of the parts of the site outside the building for storage will also apply in the form of a condition with any approval reduce its impact. Also a restriction on the working hours of the plant should reduce any disturbance.

A septic tank is proposed for foul water and soakaways for the disposal of surface water at the site. Further information has been supplied for the disposal of waste products at the site following a request from the Environment Agency. The Environment Agency has requested that if approved the decision should include a number of conditions. These relate to the possibility of contaminated land at the site, removal and disposal of soil, and further information on the proposed systems for disposal of surface and foul water. The relevant information and details would need to be provided and deemed acceptable for the proposal to be implemented. Therefore it can be ensured that systems are put in which are appropriate and would not lead to any increased risk of flooding or contamination. As has been stated several times the previous permissions could be implemented and more up to date conditions could now be imposed. This proposal would allow more control over such systems to ensure they are suitable.

Concerns of further commercial development cannot be considered as no such proposals currently exist and the unique circumstances of this type of proposal and its need for a particular location have already been highlighted. The recommendation however is subject to a condition removing permitted development rights to control future expansion. No such condition exists on the extant consent.

A number of concerns raised were not material planning considerations and therefore cannot be used to assess the merits of this application. These included concerns that the jobs created would not go to local people, the applicant company was not based in Wales, loss of views, disruption during construction, devaluation of property, ownership issues, likely success of the enterprise, electricity supply and damage to property, vehicles and highways

Concerns were raised that the jobs created would be low paid. Details of the wage structure of the proposed business have not been supplied. However the creation of 19 jobs in this essentially rural area would make a very significant contribution to the local economy. The area is not located near to any major settlements and therefore new job opportunities and new employment facilities are likely to be difficult to create within the vicinity of the nearby villages, particularly of this scale. There is no land in the village of Llanllwni allocated in the Unitary Development Plan for employment and therefore a site such as this with its unique land requirements could play a vital role in the rural economy. The creation of such jobs could help protect the village from out migration and ensure the rural community is sustained.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date it is considered that on balance the proposal is acceptable in terms of scale, design and massing, accords with policy and would not have any adverse impact on highway safety or cause demonstrable harm to the amenity of adjacent residents.

The issues in relation to surface water, foul drainage and altering of levels at the site can be addressed with the imposition of conditions with any approval including control over the drainage of the site which the current extant permission does not give the Authority. Concerns from objectors over the possible negative affects on the character of the area, flora and fauna were not reflected in the responses from the various bodies consulted such as the Countryside Council for Wales, Environment Agency and the Authority's Conservation Section. Alterations were made to many aspects of the design, location of building and landscaping to reduce the impact of the building in the landscape.

Although the building is of a larger scale than the previous approval this new application would give the opportunity for the site to be better controlled. The approved bottling plant would also have benefited from permitted development rights which would have allowed the growth of the building without planning permission. These rights can be removed with this proposal to prevent the expansion of the building. The extant permission is a material consideration as a scheme for a bottling plant on the site can be implemented at any time. The previous permission was implemented due to the creation of the lay by and access did not have a restrictive condition to limit the use of the site to a bottling plant. Such a condition can be added with this application that would prevent any change of use of the building and therefore preventing any other B2 use at the site which could be detrimental to the area and beyond the control of planning.

In weighing up the material planning considerations and merits of the proposal it is important to consider the economic impacts that a development such as this can have on a rural community. The creation 19 jobs near a village which is relatively removed from any large settlements and has not allocated employment land would play a significant role in sustain the area and maintaining the population.

Therefore the application is recommended for approval subject to comments from the Head of Transport.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with Drawing Nos:- 3196/103, 3196/104, 3196/201A and 3196/205A received on 12th January 2007; 3196/207B received on 5th February 2007; 3196/204B and 3196/206C received on 19th February 2007, unless amended by any following conditions.

3 The premises shall be used as a bottling plant and for no other purpose (including any other purpose in Class B2 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 revoking and re-enacting that Order with or without modification).

4 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) no development shall be undertaken under the Classes A of Part 8, Schedule 2 of that Order without the specific grant of planning permission.

5 No work shall be undertaken or machinery operated in the building between the hours of 7.00 pm and 8.00 am on weekdays or at any time on Saturdays, Sundays or Bank Holidays to the satisfaction of the Local Planning Authority.

6 There shall be no storage outside buildings on part of the site.

7 Should contaminated material be observed (visually or olfactory) during development then the Environment Agency Wales must be contacted and a site investigation to determine the nature and extent of contamination will be required. In the event that contamination is confirmed the developer must liaise with the Environment Agency Wales on measures required to protect surface water and groundwater interests. This may include undertaking a risk assessment and derivation of appropriate remedial targets.

8 No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.

9 No soakaways shall be constructed in contaminated ground.

10 No part of the septic tank or private treatment system (including ancillary soakaway system) shall be sited within 10 metres of any watercourse, ditch or surface water feature nor within 50 metres of any water abstraction or well.

11 A scheme of colours and texture of materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved.

12 The landscaping and planting of the site shall be carried out during the first planting season following the commencement of development and shall be maintained, including replacement as necessary to the satisfaction of the Local Planning Authority.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interests of visual amenity.

3+6 To prevent the introduction of other uses at the site which may be detrimental to the amenity of nearby properties and undesirable for the location.

4 To prevent over development of the site.

5 To preserve the amenities of the area.

7,8+10 To prevent pollution of the water environment

9 To prevent pollution of groundwater.

11+12 In the interest of visual amenity

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their letter of 17 April 2007, a copy of which is appended to this planning permission.

2 Further advice and guidance from the Countryside Council for Wales is contained in their letter of 29 January 2007, a copy of which is appended to this planning permission.

3 Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter of 22 January 2007, a copy of which is appended to this planning permission.

4 Further advice and guidance from the Biodiversity Officer is contained in an E-mail dated 12 February 2007, a copy of which is appended to this planning permission.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/15286

Application Type

Full Planning

Proposal
& Location

ERECTION OF A DETACHED TWO-STOREY COTTAGE ADJACENT TO CRAIG Y NOS INCLUDING DEMOLITION OF GARAGE AT CRAIG Y NOS, DUNCAN STREET, LAUGHARNE, CARMS, SA33 4SW

Applicant

MR & MRS T JENKIN, CRAIG Y NOS, DUNCAN STREET, LAUGHARNE, CARMS, SA33 4SW

Agent

OAKLEAF BUILDING SURVEYORS, 120 FAIRFORD ROAD, TILEHURST, READING, BERKS, RG31 6QP

Case Officer

Electoral Ward

ANDREW VAUGHAN-HARRIES

LAUGHARNE TOWNSHIP

Date of Registration:

29 JAN 2007

CONSULTATIONS

Head of Transport - Recommends conditional approval.

Head of Conservation - The partial demolition of the boundary walls requires separate Conservation approval as it's over 1.8 metres. However this loss is not deemed problematic owing to its poor condition and repairs. The new dwelling is now deemed acceptable, as it will fill an overgrown gap with appropriate design.

Laugharne Township Community Council - Has not made any comments on the planning application.

Local Member - County Councillor Mrs Jane Tremlett has not made any comments to date.

Environment Agency - Part of the site lies within the C2, but the siting of the new dwelling is outside, so unreasonable to request a flood consequence report. However suggestion that the applicant be made aware of possible flooding and that permitted development rights are controlled. Additional notes on sustainable drainage also requested.

Dwr Cymru/Welsh Water - Object until upgrade to improvements to public sewerage system have been completed which is due for completion by 1st April 2008.

Laugharne Civic Trust - Concern over development of garden areas in that it overcrowds conservation areas and the area is prone to traffic congestion and highways issues.

Cambria Archaeology - Require a programme of archaeological work to be carried out prior to the commencement of work

Neighbours/Public - The application has been publicised by the posting of a site notice, advert in the local paper and nine neighbourhood letters have been sent out. In response there has been five replies received. They comment upon the following concerns:-

· Issues of overlooking and loss of amenity. Suggestion of use of frosted glass.

· Parking deficiency in the area as a whole.

· The street is narrow and new house will exacerbate and make matters worse.

· Request house is further set back into the plot.

· Detrimental affects on the setting of the Conservation Area.

RELEVANT PLANNING HISTORY

W/05530 Rear extension

Full planning permission (next door) 03 June 2004

APPRAISAL

THE SITE

The application site is located within the centre of Laugharne town off a side street, to the west, from the main A 4066 (Market Street). Duncan Street is dominated by a three storey terrace on the south side and clusters of dwellings. The road is narrow and typical of town dwellings being sited close or directly onto the roadway. The site is within a Conservation Area and existing properties are generally traditional in form with use of slate roofs, local stone or renders.

The application site is currently used by the two storey traditional stone property of Craig Y Nos. This property has stone boundary walls, large side and rear garden and existing stone lean-to garage in its grounds. A parking and turning area for the dwelling is currently available.

THE PROPOSAL

The proposal as originally submitted seeks total demolition of the existing stone garage and partial demolition and re-siting of some of the frontage 1.8 metres boundary walls. The re-configuring of the access and garden then seeks to erect a new two story dwelling on a similar scale of the adjacent Craig Y Nos. The dwelling measures 5.5 metres x 8.5 metres footprint with a 6.7 metres height to ridge which matches to next door. Materials are vernacular in stone/brick, with slate roof and timber sash windows. The dwelling has two bedrooms with a designated garden and one car parking space.

PLANNING POLICY

The relevant policies are GDC1 and GDC2 of the Unitary Development Plan, which looks at compatibility, design, contribute to quality of local environment and sustainability.

Policy H2 of the Carmarthenshire Unitary Development Plan indicates that provision exists under this policy for the development of appropriate unallocated sites for residential development, within the development limits of settlements, subject to compliance with other relevant development plan policies.

Policy GDC11 seeks to ensure that all new development is served by an appropriate access incorporating adequate visibility to allow for the safe access and egress of vehicles.

Policy GDC12 states that proposals which generate an unacceptable level of traffic on the surrounding road network which would reduce highway safety on the network or reduce the amenity of residents along the route will be refused. This policy is reinforced by Policy T3 which seeks to ensure that the local road network is sufficient to serve the development and that all development proposals shall be served by appropriate access provision.

Policy BE9 states that new proposals should not be granted in conservation areas which would adversely its character which make a positive contribution.

Policy BE10 states with demolition in conservation areas that any buildings, structures or features which make positive contribution should be retained unless there is convincing justification.

Other Material Considerations:-

Planning Policy Wales 2002

Tan 12 - Design

Welsh Office Circular - 61/96 - Historic buildings and Conservation areas

THIRD PARTY REPRESENTATONS

Turning to the representations received by the objectors, and the views of the Civic Trust, Welsh Water and Conservation Officer, the main material planning considerations can be summarised as follows:-

Traffic Impact Analysis

As the proposals now seek one small dwelling the Head of Transport has not made and formal objection on road safety arguments. The plans needed to be amended to provide two parking spaces instead of one, which has now been received. Indeed both the existing dwelling of Craig Y Nos and the new dwelling have two parking spaces, however cars will need to reverse onto Duncan Street. It is clear that with most Conservation Areas that many old dwellings fail to have clear off-road car parking. This can lead to some congestion and the use of communal parking areas elsewhere in the town. However due to the narrowness of the street, this means car speeds are generally slower than 30 mph which reduces potential accidents. Therefore, whilst the new dwelling will add traffic movements, the increase from one dwelling is not deemed significant to warrant a highways refusal.

Amenity

There has been some level of concern on possible overlooking issues and effects on privacy. However the property has been designed and sited to follow adjoining properties with a reasonable separation distance between properties. Therefore, whilst there will be some impact it is not deemed significant.

Design and Affects on the Designated Conservation Area

This is perhaps the most relevant aspect of the proposals and needs careful assessment. Firstly the demolition of the existing stone and sheeted garage and re-profile of internal and boundary walls (with some demolition) is required. Indeed due to its height of the boundary wall (over 1 metre) a separate Conservation Area approval is required. However, the loss of the stone walls is not deemed significant and indeed improves highways safety. Also the demolished stone will be re-used in the new re-positioned front boundary walls so will not be lost from site.

The original submitted details of the house raised some concerns on its proposed span and form size. However the scale has been re-designed to provide a more traditional span of 5 metres instead of 8.5 metres. The finishes have also been amended to be more complementary with the reduction of brick and stone use, owing to lack of local stone being available.

Dwr Cymru/Welsh Water

The issue raised by Welsh Water deals with the inadequacy of the public sewers, however this is going to be upgraded within 12 months, so a Grampian style condition not allowing a connection until after April 2008 is deemed appropriate.

CONCLUSION

The application has been slightly modified with design changes and highway improvements and is concluded as a successful scheme that will certainly enhance this part of the town and Conservation Area. The site forms a gap in the street scene which has a neglected look although bordered by a local stone wall. The loss of this gap is not deemed detrimental and indeed enhances the area. Traffic congestion in Duncan Street has been raised, but deemed not significant to warrant a refusal. Therefore, after careful consideration of the scheme as submitted it is considered acceptable. As such, the proposal is considered acceptable in the context its surroundings and accords with the general criteria set out in Policy of H2, GDC2 and BE9 of the Unitary Development Plan.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the submitted 1:1250 and 1:500 scale plans received on 22nd January 2007, amended 1:100 scale floor and elevation plans received on 18th May 2007, and amended 1:100 site and parking plan received on 23rd July 2007, unless otherwise amended by any following conditions.

3 The four car parking spaces shall be provided for the existing and new dwelling prior to occupation of the new dwelling, and retained in perpetuity.

4 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole road frontage with Duncan Street within 2.1 metres of the near edge of the highway.

5 The parking spaces and layout shown on the amended plans (ref AD/03 received on 23rd July 2007) herewith approved shall be provided to the written approval of the Local Planning Authority prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purpose of parking only.

6 The gradient of the vehicular access serving the development shall not exceed 1 in 10 for the first 5 metres from the edge of the carriageway.

7 The vehicular access into the site shall at all times be left open, unimpeded by gates or any other barrier.

8 The roof shall be covered in natural or composite sculptured edge slate only.

9 All windows and doors shall be of timber construction and traditionally painted.

10 All windows on the front and side elevations shall be a traditional sliding sash, details to be agreed in writing prior to the commencement of work.

11 The verge shall be in either timber, raised cement bank or cut slate.

12 The ridge height shall be kept to match the existing dwelling of Craig Y Nos.

13 The demolition of the existing garage and boundary walls shall be re-used in the new re-profiled front wall and on a boundary wall to be created between the new dwelling and Craig Y Nos.

14 The heads above the windows shall be in red engineering brick.

15 All external walls shall be in traditional roughcast and colour-washed.

16 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) no development shall be undertaken under Classes A, B, C, D and E of Part 1, Schedule 2 of that Order without the specific grant of planning permission.

17 The dwelling shall not be occupied or connected to the public sewerage system until after 1st April 2008 when the essential improvements to the system are completed by Dwr Cymru/Welsh Water.

18 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

19 No work on the demolition of the front boundary walls shall be undertaken before an application for Conservation Area approval has been achieved.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2+8-15 In the interest of visual amenities.

3-7 In the interests of highway safety.

16 To preserve a level of amenity to nearby neighbours and avoid over-development.

17 To mitigate the overloading of the public sewerage system.

18 In order to protect potential archaeological interests.

19 In order to control the timing of demolition in tandem with the new dwelling.

NOTE(S)

1 Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter of 2nd March 2007 appended to this planning permission.

2 Further advice and guidance from the Environment Agency is contained in their letter of 8th August 2007 appended to this planning permission.

3 Further advice and guidance from Cambria Archaeology is contained in their letter of 13th February 2007 appended to this planning permission.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/15305

Application Type

Full Planning

Proposal
& Location

SPECIAL NEEDS UNIT AND TWO DWELLINGS (PLOTS 1, 5 & 6) TOGETHER WITH NEW ROAD ACCESS AT LAND TO REAR OF, EBENEZER CHAPEL, EBENEZER STREET, NEWCASTLE EMLYN, CARMS

Applicant

DEWI DAVIES & CYMDEITHAS TAI CANTREF, C/O LLYS CANTREF, HEOL YR EGLWYS, CASTELL NEWYDD EMLYN, CARMS

Agent

HAROLD METCALFE PARTNERSHIP, 32 SPILMAN STREET, CARMARTHEN, CARMS, SA31 1LQ,

Case Officer

Electoral Ward

STEPHEN THOMAS

CENARTH

Date of Registration:

26 JAN 2007

CONSULTATIONS

Head of Transport - Recommendation that any permission that may be granted should be the subject of six conditions on the specification of the access.

Head of Street Scene (Highway Adoptions) - Provided observations on the specification of the estate road.

Newcastle Emlyn Town Council - No observations received to date.

Local Member - County Councillor W H Jones as a nominated substitute for the Planning Committee has not made any prior comment.

Environment Agency - Requires that the surface water drainage be drained via a SUDs scheme, details of which should be submitted for consideration.

Dwr Cymru/Welsh Water - No objection to the proposed development, provide advisory notes and suggest the inclusion of conditions on any planning permission that may be granted.

Neighbours/Public - The application has been publicised by the posting of a Public Notice on site and in the local press, and 32 neighbouring properties have been notified. Three representations received to date, one indicating no observations to make; one from the occupier of a neighbouring property objecting to the proposal; and a joint letter of representation from the MP and AM raising the objectors concerns. These are:

RELEVANT PLANNING HISTORY

The following relevant planning applications have previously been submitted on the application site:-

TMT/02347 Construction of 10 dwellings with new access road

W/03940 Renewal of planning permission for housing development

W/01176 Siting of Housing Development

D4/23179 Siting of housing development

APPRAISAL

THE SITE

The application site is an irregular shaped area of land that is located to the north and rear of properties that front onto the northern flank of Ebenezer Street, that includes Berwyn, Ty Llwyd, Ebenezer Chapel, Parc Johnson & Heathcliffe. The application site is irregular, as it follows the rear boundaries of the above mentioned properties, and is undulating in profile, with some of its eastern portion having been raised by the depositing of material. The site has been cleared of any shrubs and saplings, with it now slowly regenerating. There are two notable oaks on the site. The application site has a common boundary with the A484 between Ty Llwyd and Ebenezer Chapel. The land to the north of the application site is overgrown and slopes to the river Teifi at an approximate distance of 100 metres, and then overlooks Newcastle Emlyn Castle beyond. The application site is also located within the conservation area at Newcastle Emlyn.

THE PROPOSAL

The proposal seeks full planning permission for the erection of three dwellings on the application site, together with the required access road. The application includes an access from the A484 between the property known as Ty Llwyd to the west and Ebenezer Chapel to the east. The access road is located on the northern flank of Ebenezer Street and is within the car park area for Ty Llwyd, a property within the ownership of one of the joint applicants. The access road runs in generally a northerly direction for approximately 40 metres before veering in a north-westerly direction for approximately a further 30 metres before turning 90 degrees towards an easterly direction for another 30 metres where plots 5 & 6 are situated. The dwelling on plot no. 1 is for special needs and is a single storey dwelling that has a footprint of approximately 150m2 and having five bedrooms and two living rooms. It is proposed to be finished in stucco render with raised stucco bands at plinth and gable eaves level. There is no material specified for the roof, however this can be conditioned, if approved.

The dwellings on plots 5 & 6 are two storey and semi-detached in nature. Both dwellings have three bedrooms and whilst there is no schedule of materials on the plans, they show the same detailing as those previously approved on the site i.e. rendered walls and slate roofs.

The three dwellings hereby applied for plus the dwellings previously approved account for a total of 10 dwellings that equates with the previously approved total on the site. The application plans show a landscaping scheme, however, no detailed planting schedule is submitted for consideration at this stage, and if approved shall be subject to condition requiring further submission.

PLANNING POLICY

The relevant planning policies that need to be considered in this case are Policies H2 & BE9 of the Carmarthenshire Unitary Development Plan (CUDP). Policy H2 permits residential development within the defined development limits of settlements where proposals do not attract highway, amenity or utility service provision objections. In the CUDP the application site is located within the defined development limits for Newcastle Emlyn as delineated by Inset no. S6 and is allocated as land for residential development. Therefore, the principle of residential development has been accepted on the application site, providing there are no other material considerations that indicate otherwise. The material considerations mentioned in the policy have not attracted any objections and therefore it is considered that the proposal if properly conditioned satisfies the requirements of Policy H2.

Policy BE9 provides that in Conservation Areas consent will not be granted for developments which would adversely affect existing buildings, structures, open spaces, trees and other features that make a positive contribution to the character and appearance of the Conservation Area. The Conservation Manager was involved in negotiations over the design and layout of the originally approved scheme on this site in 2005. Despite the site not being located within the Conservation Area, but is on its boundary in this location, the current proposal reflects the same design principles as that approved scheme and the Conservation Manager has not presented any objections to the proposal. He has made comment and suggestions on the use of materials, which can be adequately covered by condition, if the proposal is granted.

THIRD PARTY REPRESENTATIONS

Turning to the third party representations that have been made a single letter of concern/objection has been received, supported by the MP and AM members, indicating that there are two issues that need to be considered prior to determining this application. The first issue is that of highway safety, which concerns the lack of visibility standards at the point of access, due to the alignment of the A484. The Head of Transport has considered the standards of visibility at the point of access and compared this with the previously approved access, which also has reduced visibility standards and has recommended that this alternative access be approved, providing there is only one single access to the development as a whole. This is achieved by the imposition of conditions on any planning permission that may be granted.

In respect of the surface water issue and the flooding of the adjoining property's garden, the Agent in the previous application indicated that this would be attended to by the developer. Therefore, it was reasonable to impose a planning condition on the approval that was granted indicating that full details of a drainage scheme be submitted for approval, prior to the commencement of any part of the development. It is considered reasonable to repeat this condition on any planning permission that may be granted in respect of this current planning application.

CONCLUSION

Having considered all the above mentioned material considerations, including policy issues and those raised by the third party representation, it is considered that there are no relevant grounds for refusal and that the application should be granted. It is therefore recommended that the planning application be approved, subject to the imposition of the following appropriate conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:2500 scale location plan and plans referenced C/3017/11, C/3017/14 and C/3017/15 received on 26th January 2007, unless amended by any following conditions.

3 The roof shall be covered in natural or compsote sculptured edge slate only.

4 Prior to the commencement of any part of the development hereby permitted, a sample and/or detailed specification of all proposed external finishing materials shall be submitted to and specifically approved in writing by the Local Planning Authority.

5 Prior to the commencement of any part of the development hereby permitted, full details of surface water disposal scheme for the site and for the disposal of surface water from Parc Johnson shall be submitted to and specifically approved in writing by the Local Planning Authority.

6 A detailed landscaping scheme for the whole site including the retention of any existing landscape features and the indication of species, size and number of trees and/or shrubs to be planted shall be submitted to and specifically approved in writing by the Local Planning Authority prior to the commencement of the development and shall, following approval of such a scheme, be implemented in the first planting season following commencement of the development or at such other time as may be specifically approved in writing by the Local Planning Authority.

7 Any trees planted in accordance with Condition No. 6 above subsequently removed, dying, being severely damaged or becoming seriously diseased within two years of planting shall be replaced with trees of similar size and species to those originally planted to the satisfaction of the Local Planning Authority.

8 All existing trees on the site shall be retained and protected to the satisfaction of the Local Planning Authority and details of the proposed method of protection during construction operations shall be submitted to and specifically approved by the Local Planning Authority prior to the commencement of any part of the development.

9 Prior to its use by vehicular traffic, the new access road shall be laid out and constructed with 5 metre carriageway, 1.8 metre footways, and 6 metre kerbed radii at the junction with the A484 road.

10 The gradient of the vehicular access serving the development shall not exceed 1 in 20 for the first 10 metres from the edge of the carriageway.

11 There shall at no time be any growth or obsstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole road frontage with the A484 county road within 2.4 metres of the near edge of the highway (area coloured red on the application plans).

12 There shall at no time be any growth or obsstruction to visibility over 0.9 metres above the adjacent carriageway crown, within 1.4 metres of the near edge of the highway, for the eastern 4.7 metres of the frontage of Ty Llwyd with the A484 county road (area coloured blue on the application plans, immediately west of the proposed access).

13 The vehicular access into the site shall at all times be left open, unimpeded by gates or any other barrier.

14 All access to the development shall be via the proposed access immediately to the east of Ty Llwyd. There shall at no time be any other means of vehicle or pedestrian access to the development from the A484 road.

15 Prior to the commencement of any part of the development hereby permitted full details of the means by which Condition No. 14 above will be achieved shall be submitted to and specifically approved by the Local Planning Authority.

16 Prior to the commencement of any part of the development hereby permitted a pollution prevention plan shall be submitted to and specifically approved in writing by the Local Planning Authority.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2,6+7 In the interest of visual amenities.

3,4+8 In the interest of visual amenity and enhancement of the Conservation Area.

5 To ensure that there is adequate drainage for the development site and for the neighbouring property.

9-15 In the interests of highway safety.

16 To protect the adjacent aquatic environment and ensure that the characteristics of the Special Area of Conservation are not compromised.

NOTE(S)

1 The Head of Transport advises that:-

2 Further advice and guidance from the Environment Agency is contained in their letter of 22nd February 2007, a copy of which is appended to this planning permission. The developer's attention is specifically drawn to paragraph 2 which refers to the consideration of the use of Sustainable Drainage Systems (SUDS).

3 Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter of 7th August 2007, a copy of which is appended to this planning permission.

4 The developer's attention is drawn to a number of planning conditions that are imposed on this planning permission that require specific approval prior to the commencement of any part of the development. The developer is advised to ensure that all the necessary approvals have been given before the development is commenced, as failure to ensure that prior approval has been achieved may make the development unauthorised.

5 The developer is strongly advised to contact Western Power Distribution prior to any development, in order to ascertain Western Power Distribution's requirements for the protection of any existing services and to obtain details of them. This could avoid a serious accident and the developer paying costs of repairs.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16133

Application Type

Full Planning

Proposal
& Location

PROPOSED CONSTRUCTION OF SINGLE - STOREY STEEL FRAMED STEEL - CLAD STORE BUILDING AT WESTERN POWER DISTRIBUTION DEPOT, LLANFIHANGEL AR ARTH, PENCADER, CARMS, SA39 9HT

Applicant

W P D INVESTMENTS LTD, AVONBANK, FEDDER ROAD, BRISTOL, BS2 0TB

Agent

SIMON WALDRON, WESTERN POWER DISTRIBUTION, AVONBANK, FEEDER ROAD, BRISTOL, BS2 0TB

Case Officer

Electoral Ward

STUART WILLIS

LLANFIHANGEL-AR-ARTH

Date of Registration:

14 MAY 2007

CONSULTATIONS

Head of Transport - Stated they had no comments as the proposal would not cause an increase in traffic generation.

Head of Public Protection Social Care and Housing - Has not formally responded to date.

Llanfihangel Ar Arth Community Council - Has raised concerns over the development and enclosed a copy of an objector letter which is addressed below.

Local Member - County Councillor Mrs F M Jones is a nominated substitute of the Planning Committee and has not commented to date.

Environment Agency - Has provided standard advice which will be attached to any permission.

Neighbours/Public - Ten neighbour consultation letters have been sent out and the application has been publicised by the posting of a Site Notice. Nine replies have been received as a result, many duplicated from the same objectors. They object to the proposal on the following grounds:-

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

TMT/03934 Two dormer bungalows

Withdrawn 25 June 2003

D4/20144 Pole storage area helicopter pad

S W E parking

Full planning permission 16 October 1990

D4/16643 Siting of a dwelling & garage

Outline planning permission 13 October 1988

D4/14644 Open gateway onto public highway

Full planning permission 28 May 1987

APPRAISAL

THE SITE

The application site comprises commercial land located either side of road leading north from the main junction of Llanfihangel-Ar-Arth. The site is a Western Power Depot with the buildings associated with the depot located on the part of the site to the east of the road. The application site is located on the land to the west of the road. At present this area is used for the storage of plant and machinery, and for car parking. There is an access onto the county road and the exact location of the building is towards the north of the site not on a parking area. The site slopes from the road to the west. There are residential properties to the north west of the site.

THE PROPOSAL

The application seeks full planning permission for a steel framed/clad building to be used for storage. The proposed building measures approximately 7.5m in width by 18.7m in length with a maximum height of 5m. The building is to have a brick base with steel sheet cladding for the remainder of the walls and for the roof. The northeast facing elevation is to have five roller shutter steel doors. There are to be two small doors to the southwest elevation and a double door to the eastern elevation. The size and height of the building has been reduced to lessen its visual impact. A proposed planting scheme along the northwest boundary has been proposed between the site and a bungalow property. This is for the planting of seven Acer trees. Levels have also been provided and amended plans have lowered the building reducing the amount visible from road level.

The applicant has stated that the building and activities taking place would improve the site visually and in terms of highway safety. The improvements will allow delivering vehicles to enter the site whereas at present they off load whilst on the public highway. The building is to be used for storage and there would be no change of use of the land. The building is also to increase safety from theft.

PLANNING POLICY

The relevant planning policy is E6 'Extension, Intensification and Continuance of Employment Undertakings' of the Carmarthen Unitary Development Plan which allows development for these purposes providing they do not cause problems for the environment, amenity, highways or service provision. They should also be of an appropriate scale and form.

THIRD PARTY REPRESENTATIONS

Turning to the representations received to date. Some of the concerns related to highways issues at the site. The application form states there would be 2-6 vehicle movements a day that is the same as the site currently experiences. The building is to be used for storage of materials currently in the open and the applicant has stated that the improvements at the site would allow vehicles to enter the site to deliver. At present vehicles park on the road and a crane is used to move goods. This was one of the objections and it is felt that the building and associated improvements would remove the need for this. There has been no objection from the Head of Transport over the proposal.

The size, design and siiting of the building were also of concern. The height of the building has been reduced following the request for amended plans. The ground level of the building has also been lowered. The site slopes steeply from the road and only part of the building will actually be visible from road level. The building is located at a part of the site relatively well screened. The proposal includes additional planting along the boundary with a bungalow property to the northwest. The building is for storage and should improve the appearance of the site as many materials are currently in the open.

Concerns over whether the building may be used for other purposes cannot be addressed as the applicant has stated that there would be no change of use of the land. The site was granted planning permission in 1990 for storage, car parking and a helicopter pad. The use of the site would remain with the storage simply being inside the building.

There were issues regarding works already beginning, the removal of trees and the introduction of floodlights and CCTV cameras. These are issues for the Enforcement Section to investigate further.

There was a concern that the building would 'industrialise' the village. However it is felt that the introduction of the building should improve the visual amenity of the site. The storage would now be inside as opposed to the current situation of being spread throughout the site. The planting of trees should also screen the proposal, as would the relief of the land and hedge to the front of the site. The site currently has a form of industrial use following the planning permission granted in 1990. This proposal is a continuance of that use.

Objectors also raised concerns over the use and disposal of waste materials. Both the Environment Agency and Environmental Health were consulted and neither has raised any objection to the proposal. There were queries raised by objectors over information provided on the application form such as the number of workers at the site however it is not felt this has any impact on the proposal being assessed. Issues such as concern over noise generation and disposal of waste can be addressed under separate legislation if a problem is identified.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date it is considered that on balance the proposal is acceptable. There have been no objections from the statutory bodies consulted. The response from our Highways Section raised no objections stating they have no comments, as the proposal would not cause any increase in traffic generation. Neither the Environment Agency nor Environmental Health raised any concerns over the proposal in terms of waste materials or any other aspect.

The size and height of the proposed building has been altered to reduce its visibility from the road and impact on the surrounding area. The reduced ground level of the site, provision of planting along one boundary and the relief of the land should reduce the impact of the building also. The use of the site is not to be altered as a previous permission allowed storage at the site. The building should represent an improvement in terms of visual amenity, as the material currently stored in the open would be kept within the building.

Other issues relating to works already carried out or installed have been passed on to our Enforcement Section to investigate. It is felt that they do not have a significant bearing on this application.

As such the application is put forward with the recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the amended 1:2500, 1:500 and 1:100 scale plans received on 2nd July 2007, and the level plans submitted on 24th May 2007 unless amended by any following conditions.

3 The proposed landscaping scheme as indicated on the approved plans shall be carried out in its entirety during the next available planting season (1st October to 31st March) and shall thereafter be retained.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenity.

3 In the interest of visual amenity and in order to protect the amenity levels of adjacent properties.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their 'Standard Advice', a copy of which is appended to this planning permission.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16354

Application Type

Full Planning

Proposal
& Location

CONSTRUCTION OF TWO THREE-STOREY TOWN HOUSES WITH INTEGRAL PARKING AND COMMUNAL YARD AT DAN Y BANC, CARMARTHEN, CARMS

Applicant

BASSETT & MACGREGOR CONSTRUCTION LTD, THE BUILDERS YARD, ROYAL OAK MEADOWS, JOHNSTOWN, CARMARTHEN, CARMS, SA31 3JF

Agent

REGAN NORRIS PARTNERSHIP, ELLISTON STUDIOS, ELLISTON TERRACE, CARMARTHEN, CARMS, SA31 1HA

Case Officer

Electoral Ward

JOHN THOMAS

CARMARTHEN SOUTH

Date of Registration:

18 MAY 2007

CONSULTATIONS

Head of Transport - No observations received to date.

Carmarthen Town Council - No objection.

Local Member - County Councillor P Grice has made no prior comment and County Councillor Mrs J Williams is a member of the Planning Committee and therefore has made no prior comment.

Environment Agency - The application site is identified as lying on the edge of both the indicative 1 in a 100 year and 1 in a 1,000 year flood event map areas, and is shown to fall within a zone B to the Development Advice Maps.

It is therefore unlikely that any extreme flooding event that might affect the area of Old Station Road would rise to an extent that would also affect the area of the proposed development at Dan y Banc Road. The EA would have no adverse comment to the development proceeding from a flood risk management viewpoint.

Carmarthen Civic Society - Welcome the proposed new housing, but suggest that the detailing be improved by adopting a more traditional design of windows or doors, and the proposal should be referred to the Conservation Officer. Dan-y-Banc is an historic part of Carmarthen Town and this proposal is an opportunity to respect and enhance the locality's quality and character.

Cambria Archaeology - Reservations held as to the scale of the proposed houses, being that they are shown to be three-storey. The scale in terms of height will be detrimental to the historic environment as the line of the Roman and medieval defences will be visually affected and partly obscured by the development. The course of the town's early defences in this area is a major consideration in determining this application, as it is a strong component of the historic environment and townscape of Carmarthen.

It is therefore recommended that the application be refused.

Neighbours/Public - The application has been publicised by the posting of a public notice in the vicinity of the application site, together with letters of notification sent to three neighbouring properties. No written representations have been received to date.

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/12026 Construction of dwelling house to replace

demolished derelict house

Withdrawn 24 April 2006

D4/13501 Change of use to business premises/shop

D4/25244 Renovation of existing wall

County Permission under Reg. 4 02 February 1995

D4/25290 Retaining wall

APPRAISAL

This is an application in which Carmarthenshire County Council has an interest either as applicant/agent, or in terms of land or property ownership.

THE SITE

The application site includes a long narrow area of land extending east from a point just east of the staircase leading from Dan y Banc Lane to the County Council car park at 3 Spilman Street, Carmarthen sandwiched between the lane and the vertical rock face and stone wall of what is believed to have been the original medieval town wall. The area presently accommodates the ruined remains of a short terrace of buildings, recently taken down due to safety concerns, presently cordoned off by Herras fencing.

The buildings which stood on the site were of two-storey construction and were locally referred to as the 'donkey stables', linked to the historic use of this area of Carmarthen, outside of the Town Wall but, within a short distance of the River Towy and later the Old Railway Station and sidings. These buildings are thought to have been used for a mixed commercial and residential use, albeit more recently left empty and allowed to fall into decline and ultimately dereliction.

To the rear of the buildings is thought to be the original Medieval Town Wall, which dates from the 1400, but the buildings are not thought to be physically attached to the wall which is a grade II listed building. In front of the site, on the opposite side of Dan y Banc Lane stands the County Council owned offices at 'Towyside' and a short distance further east the Department for Social Security Offices 'Ty Myrddin'.

The application site has been the subject of two previous planning applications, the earlier application for change of use to business/retail premises has no decision, while a more recent application by this council to construct a dwelling on part of the site was withdrawn early last year.

THE PROPOSAL

The application seeks planning permission for the construction of a pair of semi-detached three storey houses on the site of the original buildings, each with an integral garage on the ground floor. The replacement building is shown to measure 20.79m (L) x 4.4m (W), albeit that the right hand dwelling will be slightly wider in part by 1.0m. The roof is shown to be ridged along the entire length of the building at an eaves height of 7.6m and ridge height of 9.45m. The principle south facing front elevation is shown to be balanced and in the main symmetrical, with each dwelling being a mirror image of the other. The entrance doors are towards either end of the building, with the garages located centrally. The fenestration is almost entirely to the front, with only a small number of non-habitable room windows shown to either gable. The external finishes are shown to be predominantly render, with a large brick panel to the middle section of the front elevation. The roof would be clad in reconstituted slate. Despite the restricted confines of the site, a modest enclosed communal yard area is shown to the eastern gable of the building.

PLANNING POLICIES

In terms of the application's policy context, reference is made to the following Carmarthenshire Unitary development Plan Policies:-

Policy GDC1 - SUSTAINABLE DEVELOPMENT

The policy supports sustainable development which seeks to develop previously developed 'brownfield' sites which are convenient in terms of location to facilities and services, are resource efficient both in the take-up of land and reduction in the need to travel.

Policy GDC34 - PREVIOUSLY DEVELOPED LAND

The policy seeks to bring previously developed land back into productive use and thus reduce development pressures on green field sites. Sites which are sustainable and provide opportunities for appropriate small-scale undertakings within recognised settlement limits will be looked at favourably.

Policy GDC30 - DEVELOPMENT AND FLOOD RISK AREAS

The presumption is against development within flood risk areas, other than for development which is of a low vulnerability or in lower risk areas. The Council seeks to consult and obtain the opinion of the Environment Agency on all developments which fall within the agreed consultation criteria for planning applications.

Policy H2 - RESIDENTIAL DEVELOPMENT WITHIN SETTLEMENTS

This policy allows for the development of unallocated land within the development limits of identified settlements, subject to compliance with other relevant development plan policies.

Policy BE8 - SETTING OF A LISTED BUILDING

The likely effects of a proposal on the setting of a listed building will be considered as a material consideration in its determination. Where the proposal is considered not to have an adverse impact upon the setting of a listed building, then planning permission will be granted.

Policy BE13- PROPOSALS ADJACENT TO CONSERVATION AREAS

The policy presumption is in favour of development which seeks to protect the character and appearance of the area.

THIRD PARTY REPRESENTATIONS

The application has attracted two letters expressing concern and objection to the proposal. These have been submitted by the Carmarthen Civic Society, who welcome the principle of providing new housing at Dan y Banc, but were concerned regarding the style of the doors and windows and request that the views of the Conservation Officer be sought. The Conservation Section of the Department were consulted on the application and did not object to the proposal or request that changes be made to the doors and fenestration, or their material finishes.

Cambria Archaeology on the other hand recommend that planning permission be refused for the development, given that the houses are intended to be three-storey which, in their view, would be detrimental to the historic environment as the line of the Roman and Medieval defences would be visually affected and partly obscured. In response, this Department would refer to the fact that there were buildings on the site, the partial remains of which continue to stand, while in the foreground of the site are two tall buildings, one of which - Ty Myrddin' - is over three-storeys in height, completely brick faced with a tall imposing roof. These existing buildings already obscure views of the site and set the 'character' of the area.

CONCLUSION

In light of the aforementioned facts and observations received to date, having regard to the concerns and objections received together with the provisions of the relevant UDP policies. The Department would conclude that the former buildings were not listed, and the present proposal would have no greater impact upon the setting of the listed medieval wall than the previous buildings. The site is not within a conservation area and the proposed development would not adversely impact upon the adjacent conservation area. The site is surrounded onto its principle aspect by far larger and more imposing modern buildings which have a greater visual impact than the present proposal.

It is therefore recommended that planning permission be granted for this proposal.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the following schedule of plans:-

unless amended by any following conditions.

3 The identified areas of the external walls shown to be rendered are to have a smooth or texture rendered finish.

4 Prior to the commencement of any construction work a sample and specification of the proposed facing brick shall be submitted to the Local Planning Authority for written approval.

5 The windows of both ground floor wc rooms shall only be glazed in obscure glass, and shall be so maintained thereafter in perpetuity.

6 The proposed integral garages shall be retained solely for the parking of the owner/occupiers own domestic vehicles and shall not be converted or used as domestic habitable space withou the prior written approval of the Local Planning Authority.

7 No development shall taken place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeolgical work in accordance with a written investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2-4 In the interest of visual amenities.

5 In order to protect the privacy of the occupiers of the dwellings.

6 In order to safeguard the retention of car parking and prevent on street parking.

7 To protect in situ and by record important archaeolgical features relating to Roman and Medeival Carmarthen.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their letter of 19th June 2007, appended to this planning permission.

2 Further advice and guidance from Cambrian Archaeology is contained in their letter of 6th June 2007 appended to this planning permission.

3 The applicant/developer should be aware of the legal provisions of the Party Wall Act 1996, whereby the consent of the adjacent landowner will be requried before undertaking building or other operational development which may physically encroach or affect the present condition of such land. Failure to obtain the consent of the adjacent landowner may compromise the implementation of your planning permission, and any amended or revised proposal may require further planning permission.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16408

Application Type

Full Planning

Proposal
& Location

CHANGE OF USE FROM AGRICULTURAL TO AUTO SALES AND REPAIR AT THE BARN, WHISPERING OAKS, TENBY ROAD, ST CLEARS, CARMS, SA33 4JP

Applicant

MR M L ANDREW, MAES-Y-COED, HEOL GOI, ST CLEARS, CARMS, SA33 4EU

Case Officer

Electoral Ward

STUART WILLIS

ST CLEARS

Date of Registration:

29 MAY 2007

CONSULTATIONS

Head of Transport - Has not commented to date, previous comments requested the Trunk Roads Agency be consulted.

Trunk Roads Agency - Has recommended a condition relating to highways improvements is included with any permission. It is stated that an application such as this may have been resisted due to there being a sub standard access. However the proposal includes the provision of a widened access to 5.5m for a length of 30m and represents a significant improvement.

Environmental Health - Have raised no objections to the proposal, further information is attached.

St Clears Town Council - Has commented that they have received concerns from a member of the public relating to highways issues, policies conflict and pollution.

Local Member - County Councillor P M Hughes has not commented to date.

Environment Agency - Has raised no objection and requested the imposition of a condition relating to waste materials. Further information will be attached to any permission.

Neighbours/Public - Three neighbour consultation letters have been sent out, and a site notice was posted. Five replies have been received as a result objecting to the proposal on the grounds of:-

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/14411 Retrospective application for bike and

agricultural quad repairs, storage and service

Withdrawn 26 January 2007

W/06435 Studio workspace (sculpture and conservation)

Full planning permission 07 January 2005

D4/09260 Rebuilding of agricultural building

Approved 01 July 1982

APPRAISAL

This is an application as a result of action by the Planning Enforcement Team.

THE SITE

The application site is a small range of modern agricultural buildings at Whispering Oaks, a small holding located a short distance off the A477 between St Clears and Llanddowror. The application buildings consist of a Dutch barn and lean to, both constructed and clad in masonry blockwork and profile cladding, together with a further attached mono-pitch masonry construction and profile clad building. The land is relatively flat at the site. The site is accessed off a narrow single track road widening near the site. The track leads off the A477. The buildings have previously had planning permission to be converted into a studio workshop. An application was withdrawn earlier this year in order for amendments to be made and a clarification of the use of the proposed use. There has also been a Planning Contravention Notice issued in relation to the activities at the site which this application relates to.

THE PROPOSAL

The application seeks full planning permission for the conversion of the buildings into use for a workshop area for the maintenance and repair of motor vehicles including motorcycles. Part of the use will include a sales area for motorcycles and associated goods, all sales being within the building. A small section is to be used as an office for a motor cycling school. The applicant however has confirmed that no trainees would visit the site with the lessons taking place at a different location. As such 'motor cycle training' has been removed from the description of development as only office based activities would take place at the application site.

This proposal is retrospective, as the activity has already begun at the site. There are no proposed extensions to the buildings or external alterations. A passing bay at the junction between the access and the A477 is proposed alongside the property known as Penmorfa covering 30m which will provide two lanes and a total of 5.5m in width. Four car parking spaces have also been identified for customers at the site. Amended plans have also been submitted to show the full extent of the 120m visibility splays achievable at the site.

PLANNING POLICY

The site lies outside the development limits of St Clears and is for commercial purposes; as such the appropriate policies are E4 'Small-Scale Employment Outside Settlement Limits'; T3 'Highway Considerations Of Development'; and GDC3 'Development In The Countryside' of the Carmarthenshire Unitary Development Plan. Attention should also be drawn to Planning Policy Wales Chapter 7 and TAN6.

THIRD PARTY REPRESENTATIONS

There have been three letters of objection received. One major aspect of the concerns was to do with Highways issues. These were concerned with highway safety and the narrow access onto the A477. The Trunk Roads Agency has been consulted and has raised no objection to the proposal. They requested a condition relating to the highways improvements proposed at the site. The access point at present is narrow and only a single lane. However this proposal includes details to improve the highways conditions at and near the access. A 30m section is proposed to be widened at the access to allow a passing section and the access and this bay would provide a 5.5m section. This would improve highway safety at the site. The existing use of an agricultural barn or the previous approved application for a studio workshop would not provide these improvements and would also be likely to generate traffic which could include agricultural vehicles and machines. The applicant has confirmed that although part of the site will be used as an office in conjunction with motorcycle training, no trainees are to visit the site and the lessons are to take place at a different location. A condition will be added to any permission preventing the tuition taking place at the site. Following confirmation of this, the Trunk Roads Agency was satisfied there the proposal would not be detrimental to highway safety. Further to discussions with the applicant they were also satisfied with the estimated vehicular movements at the site which objectors felt had been underestimated.

There was also concern over the working hours and noise from the buildings. Again a condition will be added to any permission restricting the opening hours of the garage. It should also be noted that this building is formerly agricultural and as such disturbance from that use would be likely if that use was returned to. Comments from Environmental Health have raised no objection and further information and a condition will be attached to any permission. Their comments and those of the Environment Agency also related to the concerns raised over possible pollution and raised no objection on those grounds to the proposal. The Environment Agency has requested a condition with any permission relating to the disposal of waste materials.

The objections received also related to the proposal being contrary to planning policy for the conversion of buildings and rural areas. Policy E4 relates to small scale employment uses outside of the development limits, which this site is. This policy states that conversions of existing buildings can be considered appropriate. This policy does not state that the buildings in question need to be redundant. The policy requires the building to be of sufficient size to accommodate the use which this does. The application site has previously been granted permission to change its use and this application is still live and could be implemented at any time. Policy GDC3 also includes the criteria for a light industrial or commercial uses in the countryside and it is felt that this proposal would comply with this.

The use of the building is considered to be within the B2 use class with ancillary sales and office facilities. The above policies refer to B1 and B8 uses in the countryside. As such the proposal would not strictly comply with these. A B2 use is generally not considered appropriate in residential areas or the open countryside. However it is considered that the application site is sufficiently divorced from dwellings to not have a significant detrimental impact on amenity. Recommendations from the Environment Agency and Environmental Health have been included to reduce any impact the use may have. At the same time the site is considered to be located near to an existing settlement. A condition will be added to any permission specifically restricting the building being used for any other use than that identified above even within the same use class of B2 without planning permission.

In terms of national policy and guidance both PPW and Tan6 encourage the re-use of agricultural buildings. They both particularly encourage economic re-uses for such buildings as they make a greater contribution to the economy. TAN6 also states that it is not normally necessary to consider whether the building is no longer needed for its agricultural use.

Other non-material planning issues were raised such as people calling at near by properties and on road parking near the access. Part of one objection related to the uses already taking place. The application site has been the location of Enforcement Section taken by the Authority and subsequently this application was submitted. Comments were also made over the consultation process on this and previous application. A site notice was displayed near the site and all previous objectors were notified on this application.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date it is considered that on balance the proposal is acceptable, accords with policy and would not have any significant adverse impact on highway safety or cause demonstrable harm to the amenity of adjacent residents.

Although the buildings current planning status is agricultural there was a previous permission in 2005 to convert the buildings into a studio workshop which is still extant. This has not been implemented however this permission to a sui generis use is a material planning consideration.

There have been no objections from the statutory bodies consulted. The Environment Agency and Environmental Health caused no concerns over the use of the site or disposal of waste materials.

A passing bay has been proposed near the access onto the A477 and the Trunk Road Agency has confirmed that this is acceptable and they do not recommend the application be refused. They have recommended the imposition of a condition relating to the passing bay to ensure highway safety is actually improved at the site. The provision of these should lead to an improvement in the access and mobility of vehicles entering and leaving the lane and lead to an improvement in highway safety. Also a condition will be added to ensure that no motor cycle training will begin or end at the site and again this should be beneficial in terms of highway safety.

Conditions are to be added to any permission restricting opening hours to reduce any disturbance and restricting size of the sales area to what is proposed on the submitted plans. The type of sales will also be restricted to motorcycles and associated goods. A condition relating to the highway improvements at the access point onto the A477 is also included. It is felt that these conditions will address the concerns of the objectors and prevent any significant impact on the amenity of nearby properties.

Further conditions would restrict the use of the buildings to ensure other activities, including those in the same use class, without planning permission. Although the use class of the repair garage does not fall within those identified in Policies GDC3 and E4 it is considered that the location of the site is appropriate for its proposed use. National policy and guidance encourage economic re-uses of farm buildings whether redundant or not.

As such the application is put forward with the recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:2500 and 1:200 scale plans, received on 29 May 2007, and the amended 1:500 scale plan, received on 10 July 2007, unless amended by any following conditions.

3 The permission hereby granted is in respect of the use of the application buildings for the maintenance and repairs of motor vehicles, with ancillary sales.

4 No work shall be undertaken or machinery operated in the building(s) outside of the hours of 7.00 am to 6.00 pm - Monday to Friday; 8:00 am to 1:00 pm Saturday: and at no time on Sundays, Public and Bank Holidays.

5 The area immediately around the building or forming any part of the curtilage of the building shall not be used for the outside storage of materials or products manufactured or repaired at the premises.

6 The area designated for motorcycle sales on the 1:200 scale plan submitted on 29 May 2007 shall remain that size in perpetuity and not expanded without planning permission.

7 The only products sold at the site shall be motor cycles and motor cycle related goods. At no time shall any other motor vehicles be sold at the premises.

8 The improvements shown on drawing number 81/PEP-2A must be implemented within 3 months of the date of this consent.

9 The premises shall be used as auto repairs with ancillary sales and for no other purpose (including any other purpose in Class B2 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 revoking and re-enacting that Order with or without modification).

10 The visibility splay improvements and passing bay required under Condition No. 8 above shall include either the translocation of the existing roadside hedge, or formation of a new hedgebank along a line immediately behind the required visibility improvements.

11 This permission does not allow motor cycle training to start/end at the premises.

12 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) no development shall be undertaken under the Classes A of Part 8, Schedule 2 of that Order without the specific grant of planning permission.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interests of the visual amenity of the area.

3 To prevent any separate use on the site, and ensure that the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties.

4 To preserve the amenities of the area.

5+10 In the interest of visual amenity and to ensure the satisfactory implementation of the required landscaping/planting scheme.

6+7 To prevent the intensification of a retails use in the open countryside.

8+11 In the interest of highway safety.

9 To prevent the introduction of other uses at the site

12 To prevent over development of the site.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their letter of 26 June 2007, appended to this planning permission.

2 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, to the combined capacity of interconnected tanks, plus10%. All filing points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filing points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

3 Any process likely to result in the emission of fugitive dust particulates/odours/fumes shall be undertaken within the confines of the buildings. Localised extraction systems shall be installed where necessary. Any localised extraction systems proposed for the development must vent exhaust emissions through suitable arrestment plant to ensure that emissions are free from fume, odour and particulates.

4 It should be noted that the proposed development should be adequately controlled with regard to other emissions or deposits so that the development does not at any time constitute a statutory nuisance as defined by Section 79 of the Environmental Protection Act 1990.

5 Any works undertaken within or forming part of the highway shall meet the requirements of Section 184 of the Highways Act 1980, and shall only be commenced with the specific agreement of the Trunk Road Highway Authority. A specification for works within the trunk road boundary may be obtained from our Trunk Road Agent.

6 The applicant should also consult with the Trunk Road Agency regarding access radii and relocation of the lamp post adjacent to the existing access.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16497

Application Type

Full Planning

Proposal
& Location

CONSTRUCTION OF VIEWING PLATFORM AT NATIONAL BOTANIC GARDEN OF WALES, MIDDLETON HALL, LLANARTHNE, CARMARTHEN, CARMARTHENSHIRE, SA32 8HG

Applicant

NATIONAL BOTANIC GARDEN OF WALES, MIDDLETON HALL, LLANARTHEN, CARMARTHEN, SA32 8HG

Agent

MEIRION HOWELLS, PROJECT MANAGEMENT, 290A MUMBLES ROAD, WEST CROSS, SWANSEA, SA3 5AB

Case Officer

Electoral Ward

STUART WILLIS

LLANDDAROG

Date of Registration:

06 JUN 2007

CONSULTATIONS

Llanarthney Community Council - Have raised concerns that the proposal does not have disabled access and worries over the tallness of the canopy.

Local Member - County Councillor W J W Evans has not commented to date.

CADW - Have repeated their comments from the previous application raising concerns over the visibility of the structure, and that it is not sympathetic but harmful to the character of the registered garden within which it lies.

Cambria Archaeology - Have repeated their comments from the previous application raising concerns over the design of the platform and its impact on the walled garden, and recommend refusal.

Neighbours/Public - A site notice was displayed. To date, no objections have been received. Four letters of support for the proposal have been received. They state there is a need for a platform in place of the scaffolding currently at the site and that the aerial view it would provide would improve facilities at the Gardens.

RELEVANT PLANNING HISTORY

W/13416 Viewing platform

Full planning refused 19 October 2006

W/13071 Tropical glasshouse

Full planning permission 7 September 2006

APPRAISAL

THE SITE

The application site is the National Botanic Gardens of Wales, located approximately 2.6 km south of Llanarthne and 1.6km north of the A48. The location of the proposed building is at the walled garden at the northern end of the gardens between the double walls on the south east facing elevation. The application site lies within the registered historic garden of Middleton Hall, which is included as Grade II on the CADW/ICOMMOS Register of Parks and Gardens of Special Historic Interest in Wales. The double walled garden is one of the main arteries of the site leading from the gate house to the glasshouse.

THE PROPOSAL

The application seeks full planning permission for the construction of a viewing platform to overlook the walled gardens and provide interpretation materials for visitors at the archway entrance. At present there is a temporary scaffolding platform at the entrance. The top of the canopy of the platform is approximately 6.8m above ground level, approximately 3.9m above the wall. The platform is 9m wide with an external staircase adding an extra 4.6m to the width. The platform extends 4.6m from the wall and is separated from it by approximately 0.2m. The platform handrails are to be constructed from galvanised steel with paint finish. It is to have an open mesh steel flooring and clear glass roof. The design of the proposal has not been altered from that of the application refused last year.

The application was accompanied with a Design Statement in support of the proposal. It states that design and materials were chosen in order to maximise energy efficiency while minimising maintenance and noise. It states that the platform is to include various interpretation boards and only 2 columns were used to make the proposal unobtrusive. All steel work/metal work is to be powder coated white to match the glasshouse which has recently been constructed. The roof structure proposed is to be glass, again to be in keeping with the tropical glasshouse. The roof is required to protect both visitors and the video equipment from the elements.

PLANNING POLICY

In the context of the current development control policy framework, the site lies outside the settlement development limits as defined in the Carmarthenshire Unitary Development Plan. The relevant planning policies are GDC2 'Overall Development Policy' and BE8 'Setting of a Listed Building' of the Plan.

THIRD PARTY REPRESENTATIONS

Turning to the representations received to date, CADW, Cambria Archaeology and our Conservation Section have raised concerns regarding the proposed platform.

CADW comment that the proposed structure as with the previous application is not sympathetic to and would harm the historic character of the registered garden. They comment that the oversailing roof design and height of the roof would make it highly visible from a wide area of the Botanic Gardens. Their response also stated that the stairway and railings are also detrimental to the character of the registered gardens. They say that a less intrusive platform no higher than the boundary wall and with no roof or obtrusive railings and steps would be more sympathetic.

Cambria Archaeology have responded recommending refusal of the application on the grounds of unsympathetic design. These are the same comments as previously given with the first application. They stated that they felt the overall design, height and scale of the platform and canopy do not lie comfortably with the historic setting of the walled garden and considered the application should be refused as it stands.

There was also a negative response from the Head of Conservation. It states that the south west end of the wall is located only 200m from a stable block which is listed and that this proposal would impact on the setting of it. The platform would be clearly visible from the stable block and both buildings would be visible from several prominent locations. The response raises no objections to a viewing platform in this context. However the comments concluded that the contrasting character and appearance of this structure would have the affect of introducing an alien and discordant feature within the setting of a listed building. The Head of Conservation believed the nature of the platform would detract significantly from the historic and architectural character of the walled garden and the setting of the listed stable block.

There was also four letters of support received from members of the public. These stated that a platform was needed in place of the scaffolding currently in place at the site of the proposal. They also felt that the aerial view the platform would provide would be beneficial to the Gardens and improve the facilities.

Although these responses have question the design of the platform it is of a significantly smaller size than the tropical glasshouse only the other side of the wall of the garden. This glasshouse is also 2m higher than the platform and as such would be more dominant in the skyline than the platform. The materials of the platform also reflect those of the glasshouse and therefore the design would be in keeping with its surroundings. With the tropical glasshouse now completed it is felt that the structure in its presence context would be in keeping and appropriate to the area and would not adversely affect the setting of the nearby listed buildings.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date it is considered that on balance the proposal is acceptable.

Concerns and objections have been received from consultees, all commenting on the inappropriateness of the design in relation to its historic setting. The presence of a viewing platform has not been objected to and does not appear to be an issue. The issue of the design and scale of the platform is where most concern lies. The height of the canopy, some 3.9m above that of the garden wall makes the structure highly visible and out of character with the traditional garden wall according to responses from CADW, Cambria Archaeology and our Head of Conservation.

Although the design of the proposal has not been altered from the previous application that was refused, subsequent developments near the site have altered the context of the site. A large glasshouse measuring 30m by 10.5m has been constructed within the walled garden. The height of this glasshouse is 8.8m. This is 2m higher than the proposed platform and covers a far larger area. The glasshouse is constructed of glass and steel. This is similar to the proposed materials for the viewing platform. The platform is located between to walls and it is considered that its impact on the character of the area and the setting of nearby listed buildings would not be as significant as that of the glasshouse. In the context of the site at present, the design and materials and even the size of the platform is in keeping with the nearby glasshouse. The main area of contention is the design and size of the canopy roof of the platform. The design statement has said this is required to protect equipment and visitors from the elements. The material is to be glass to blend with the tropical glasshouse within the walled gardens.

Developments at the National Botanic Garden of Wales have always attempted to blend contemporary designs and materials with the historic backdrop of the area. It is felt that this proposal in conjunction with the larger glasshouse only a few metres away is appropriate in terms of design and materials and character.

As such, this application is put forward with a recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:2500, 1:500 and 1:50 scale plans, received on 6 June 2007, and the amended 1:100 scale plans received on 22 July 2007, unless amended by any following conditions.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenities.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16638

Application Type

Outline

Proposal
& Location

ONE NO. DWELLING AT PLOT ADJACENT TO, BRYNGOLWG, HEOL YR YSGOL, CEFNEITHIN, CARMS

Applicant

MR & MRS A HARRIES, BRYNGOLWG, HEOL YR YSGOL, CEFNEITHIN, CARMS

Case Officer

Electoral Ward

RICHARD JONES

GORSLAS

Date of Registration:

20 JUN 2007

CONSULTATIONS

Head of Transport - Recommendation that any permission granted should include relevant conditions.

Gorslas Community Council - No representation received to date.

Local Member - County Councillor T Davies is a nominated substitute for the Planning Committee and has made no prior comment. County Councillor H C Scourfield has made no representation to date.

Environment Agency - No objection to the development, but requests that the standard advice is taken into consideration.

Dwr Cymru/Welsh Water - No representation received to date.

Neighbours/Public - Fourteen neighbour consultation letters have been sent out and the application has been publicised by the posting of a Site Notice. Two letters of representation have been received concerning the following:-

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

D4/4057 Siting of residential development

D4/1461 Siting of building development for 6-8 bungalows

APPRAISAL

THE SITE

The application site consists of a rectangular parcel of land set within the garden area of the property known as Bryngolwg, Heol yr Ysgol, Cefneithin. The site is a rectangular parcel of land with dimension of 22.5m on the road frontage of Heol yr Ysgol, and a length of approximately 67.5m. The topography of the land is flat and there is a number of small trees/hedgerow on the northern boundary with the property known as Trioni.

THE PROPOSAL

The application seeks outline permission for the principle of development for one dwelling on the plot adjacent to Bryngolwg, Heol Yr Ysgol. All matters of detail are reserved for future consideration.

PLANNING POLICY

The site lies within the settlement limits of Cefneithin as is defined within the Carmarthenshire Unitary Development Plan.

Reference is therefore drawn to Policy H2 of the Unitary Development Plan, which states that it is the policy of Carmarthenshire County Council to permit proposals for residential development within the defined limits of settlements (in addition to those identified in Policy H1) where the proposal conforms to, and does not conflict with the policies of the plan, and subject to there being no highway, amenity or utility service provision objections.

Reference should also be drawn to Policy GDC2 of the Carmarthenshire Unitary Development, which states that any proposed development must be in accordance with the relevant policies contained in the plan. In particular any proposed development should cause no harm to the privacy and amenity of existing dwellings, buildings, other structures and their respective occupiers and users.

The other policies that relate to this development are T3, GDC12 and GDC14.

THIRD PARTY REPRESENTATIONS

Turning to the representations received to date, Members should be made aware that two objection letters were received regarding this application.

The principal concern of one objector is the close proximity of the proposed dwelling in relation to the sharp bend at Heol yr Ysgol. The Head of Transport's consultation response indicates that they have no objections to the development and provided that the conditions placed on any permission are accorded to, then there are no highway safety concerns.

Concerns have also been raised which state that no detail of the access to the proposed dwelling has been included. It should be noted that no details have been submitted as part of this application and any subsequent application for reserved matters will deal with the issue of access.

One letter of objection has been received with concerns over the removal of the trees/hedgerow on the northern boundary with Ty Olive and The Willows. Whilst this is a perceived concern, the applicant has indicated on the application form that no trees are to be felled. Since this is a proposal for the principle of development only, the issue of boundary treatment and landscaping will be dealt within the subsequent reserved matter application.

CONCLUSION

After careful consideration of the proposal it is felt that the parcel of land to the north of Bryngolwg is sufficient to site one dwelling without causing any adverse impact on the general amenity of neighbouring properties.

The response from the Head of Transport has also stated that there are no highway safety issues associated with the development.

As such, this application is put forward with a recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 Application for approval of reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development must be commenced not later than whichever is the later of the following:-

2 The permission now granted is an outline permission only, within the meaning of the Town and Country Planning (General Development Procedure) Order 1995.

3 The permission now granted relates to the land defined by the 1:1250 and 1:500 scaled plans received on 20th June 2007.

4 Development shall not commence until detailed plans of the siting, design, external appearance and landscaping of the development, together with the means of access thereto, have been submitted, and received the written approval of the Local Planning Authority.

5 The new vehicular access shall be laid out and constructed strictly in accordance with Typical Layout No.1 (specification for which is attached to this planning permission), adjacent to the southern boundary of the site, prior to the commencement of any other work or development. Thereafter it shall be retained, unobstructed, in this form in perpetuity.

6 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole Heol Yr Ysgol Road frontage within 2.0 metres of the near edge of the highway.

7 Prior to the commencement of development the written approval of the Local Planning Authority shall be obtained for a scheme of parking within the curtilage of the site, and this shall be dedicated to serve the proposal. The approved scheme is to be fully implemented prior to any part of the development being brought into use, and thereafter shall be retained, unobstructed, in perpetuity.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 The application is in outline form.

3 For the avoidance of doubt as to the extent of the site.

4 In the interest of visual amenity.

5-7 In the interest of highway safety.

NOTE(S)

1 All surface water from the development herewith approved shall be trapped and disposed of so as to ensure that it does not flow on to any part of the public highway.

2 No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

3 It is the responsibility of the developer to contact the Streetworks Manager of the Local Highway Authority to apply for a Streetworks Licence before undertaking any works on an existing Public Highway.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16769

Application Type

Full Planning

Proposal
& Location

CHANGE OF USE ON PART ONLY - INDIAN TAKEAWAY AT FERRYSIDE RUGBY SPORTS & SOCIAL CLUB, GLAN TYWI, FERRYSIDE, CARMARTHEN, CARMS, SA17 5TG

Applicant

FERRYSIDE RUGBY SPORTS & SOCIAL CLUB, GLAN TYWI, FERRYSIDE, CARMS, SA17 5TG

Case Officer

Electoral Ward

SIMON CLEMENT

ST ISHMAEL

Date of Registration:

02 JUL 2007

CONSULTATIONS

Head of Public Protection - Any permission granted should include relevant conditions.

St Ishmaels Community Council - No objection to the development.

Local Member - County Councillor L M Stephens has not commented to date.

Neighbours/Public - Fourteen neighbour consultation letters have been sent out and the application has been publicised by the posting of a Site Notice. Five letters of representation have been received with regard to the following:-

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/13447 Construction of 1 no. detached dwellinghouse

Reported separately to the Committee in this report

W/12100 Demolition of existing clubhouse and changing

rooms and construction of 5 no. detached

dwellinghouses

Withdrawn 12 May 2006

D4/20875 Extension to kitchen

Full planning permission 03 April 1991

D4/05592 Temporary siting of mobile unit to provide clubhouse

facilities

Full planning permission 17 October 1985

D4/4302 Erection of clubhouse and parking facilities

D4/3826 Siting of clubhouse

Full planning permission 03 August 1977

D4/2993 Siting of clubhouse and changing rooms

D4/3 Playing field

APPRAISAL

THE SITE

The application site is the Ferryside Rugby and Social Club set to the north of Ferryside, nestled to the rear of Carmarthen Road and the road which accesses the properties at Glan Tywi. To the south west of the site is the main rugby field in Ferryside.

The application site has a large car park which caters for visitors to the Club and immediately adjacent to the Rugby Club is the changing rooms.

THE PROPOSAL

The application seeks a change of use of part of the Rugby and Social Club to an Indian Take-Away. The proposal seeks a new entrance to the take-away on the southwest elevation.

The internal layout will include the replacement of the existing WC's and store with a Waiting Room and Serving Area. The kitchen of the Rugby Club will be replaced by the use of the kitchen for the new Indian Take-Away.

PLANNING POLICY

The site lies within the settlement limits of Ferryside and therefore reference should be drawn to Policy R20 of the Unitary Development Plan.

This policy provides that take-away food outlets will only be permitted in the defined town centres subject to the provision of other policies of the plan, except where:

(i) it can be demonstrated that the proposal is to serve a local or neighbourhood need;

(ii) the proposal would not have an adverse impact on general amenity and that of residential properties by way of traffic generation, noise, odour and other considerations;

(iii) the proposal is appropriately located in relation to the catchment which, in the case of local neighbourhoods, tertiary settlements and other villages, would require a central location in proximity to any other local facilities.

Reference should also be drawn to Policy GDC2 of the Carmarthenshire Unitary Development, which states that any proposed development must be in accordance with the relevant policies contained in the plan. In particular any proposed development should cause no harm to the privacy and amenity of existing dwellings, buildings, other structures and their respective occupiers and users

THIRD PARTY REPRESENTATIONS

Turning to the representations received to date, Members should be made aware that five objection letters were received regarding this application.

The principal concern is the intended opening hours of the proposed takeaway. Objections have been raised regarding the potential late hours of the take-away, and its ability to function after the closing of the Rugby Club. It should be noted that the restriction of opening hours will be dealt under the Licensing Act, and therefore any restrictions on opening hours will be placed under their legislation. An objection letter has also raised concern that if the proposed Indian take-away would have opening hours when the clubhouse is closed, the access to this commercial part is alongside what was intended to be a secure children's playground and the security would be destroyed. Again, this is a part only change of use from an already existing section of the Rugby and Social Club and its proposed effects would not be over and above the impact that currently exists.

Concerns have been raised stating that the proposed use of the take-away is inappropriate in a predominantly residential area. Whilst it is acknowledged that the Indian take-away is within a residential area, however the Club itself is a commercial business and approximately 50m away from neighbouring dwellings, the use of part of the Rugby and Social Club as an Indian take-away, would not significantly increase the adversely effects upon the amenity of neighbouring properties.

Concerns have been raised regarding the amount of litter that the proposed development will create. There is no doubt that the proposed development will create a limited amount of rubbish, however it is considered that due to the scale of the take-away and its integration with the Rugby Club then it will not create an adverse impact on the general amenity of the neighbouring properties. A note will also be attached to the permission indicating the requirements to accord with the Public Protection Division and to take adequate measures in controlling wastes.

It should also be noted that a planning application under planning reference W/13447 for the construction of one no. dwelling house is currently pending and appears elsewhere on this Committee agenda. Notwithstanding the decision on this application it is felt that the distance between the proposed take-away and the proposed site of the dwelling is sufficient (25 metres), and would not create an adverse effect on the future residential amenities at this site.

Members should note that a number of objection letters have been received regarding the noise and disturbance the proposed take-away would create. It should be noted again that the take-away is joined to the Rugby Club and it is considered that the noise created by the take-away would not be over and above the noise created by the Rugby and Social Club. Members should note that the area of car parking at the club is large enough to accommodate cars that would use the take-away, and it is felt that the disturbance to the highway and to the neighbouring properties would be minimal.

The concerns relating to the removal of toilets and the use of the commercial business opening to non-club members are not material planning considerations and therefore not considered as part of this application.

CONCLUSION

The application site is located within the defined settlement limits of Ferryside, in a building that is currently being used as a Rugby and Social Club. The external appearance of the building will only include a new access door for the Indian take-away, which does not impact upon the character of the building.

The response from Public Protection requested the imposition of conditions and therefore provided these are implemented in the permission then they have no adverse comments to make. The requested conditions are not valid planning conditions and have been included as notes advising the developer of his responsibilities under separate legislation.

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date, it is considered that on balance the proposal is acceptable, and accords with policy.

As such, this application is put forward with a recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250, and 1:100 scale plans, and the plans titled 'Existing Elevation' and 'Proposed Elevation', received on 2nd July 2007, unless amended by any following conditions.

3 Prior to the commencement of the use hereby approved details of a fume and odour extraction system shall be submitted to and approved in writing by the Local Planning Authority and implemented in accordance with the approved scheme.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenities.

3 In the interests of general amenity.

NOTE(S)

1 All processes likely to result in the production of odours shall be fitted with localised extraction systems where necessary. All extraction systems should vent emissions through suitable arrestment plant to ensure that all resultant air emitted externally is either free from offensive odours, or does not affect nearby properties under the Environmental Protection Act 1990, section 79.

2 Waste oils or fats from the premises must be disposed of in an appropriate manner, and must not be disposed of via the drainage system.

3 All waste produced at the premises must be stored in suitable containers, which can be moved for cleaning purposes.

4 The proprietor of the business shall take adequate measures to prevent the attraction of vermin, and may be required to undertake a Pest Control Contract if necessary.

5 The undertakings of the proposed use should not at any time constitute a statutory nuisance, as defined by section 79 of the Environmental Protection Act 1990.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16814

Application Type

Full Planning

Proposal
& Location

PROPOSED DWELLING (SPLIT LEVEL) AT PLOT ADJACENT TO, GLANCASTELL, NEWCASTLE EMLYN, CARMS, SA38 9HR

Applicant

MR J J & MRS C A PHILLIPS, BRYNHEDD, BONCATH, PEMBS, SA37 0JL

Agent

ALAN THOMAS, 3 EMLYN SQUARE, NEWCASTLE EMLYN, CARMS, SA38 9BG

Case Officer

Electoral Ward

STUART WILLIS

CENARTH

Date of Registration:

06 JUL 2007

CONSULTATIONS

Newcastle Emlyn Town Council - Has raised concerns over possible conflict arising from the applicant being a Councillor and concerns over the design of the property.

Local Member - County Councillor W H Jones is a nominated substitute of the Planning Committee and has not commented to date.

Neighbours/Public - Sixteen neighbour consultation letters have been sent out and a site notice was displayed. Four responses have been received as a result objecting to the proposal on the grounds of:-

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/15711 Proposed dwelling (split level)

Full planning refused 26 April 2007

W/11379 One residential bungalow

Outline planning permission 08 December 2005

D4/15126 Construction of a bungalow

Reserved Matters granted 30 September 1987

D4/14368 Siting of a bungalow

Outline planning permission 20 July 1987

D4/7697 Siting of a bungalow

D4/6982 Siting of residential development

D4/1576 Siting of dwelling houses 8-10

D4/618 Siting of dwellings

APPRAISAL

THE SITE

The application site is an infill plot located on a small private estate off Penlon. The site is located towards the south of Newcastle Emlyn on high ground overlooking the town. It is accessed off a private estate road known as Heol Brynarian and from the A484 via a narrow lane which accesses this area of the town. There are bungalow properties either side of the plot. Initially the proposal was submitted as a reserved matters application however this was altered due to the building not being considered a bungalow as the outline permission had stated. The site is roughly rectangular in shape and slopes from the access road to properties at the rear. There are mature trees along the rear boundary. The site measures 28m along the boundary with the road and 22m to the rear. The site is between 32m and 39m in length. The site is currently under grass. Outline permission was approved at Planning Committee in December 2005 for a bungalow. An application for the dwelling was refused earlier this year.

THE PROPOSAL

The application seeks full planning permission for the construction of a split-level dwelling. The dwelling is to have 4 bedrooms. Two at ground floor level and two in the roof space. There is an integral garage at basement level along with a play room and utility room. There are two dormer windows proposed on the rear elevation for the bedrooms in the roof space. The proposed rear balcony has been removed. The walls are to be rendered apart from the protruding front aspect which is to be stone. A parking and turning area is located to the rear and a passing bay to the access lane.

The design of the property is the same as that refused earlier this year. However levels and cross sections have been submitted on this occasion and the property is to be cut into the land by approximately 1-1.5m. Amended plans have shown that there are to be boundary fences of 4ft to the side and rear boundaries. A 5.5m wide passing bay over a length of 10m is to be provided to the front of the plot. The slope of the drive will not exceed of 1 to 10 over the first 5m. There are to be steps up from the basement level to the ground floor to one side. The ridge height of the dwelling is approximately the same as one adjacent dwelling and slightly lower than the other.

The application was initially submitted as a Reserved Matters however it was requested that this was altered to a Full application as the outline was for a 'bungalow' and it was not felt that the proposed dwelling constituted a bungalow.

An Access Statement has been provided with the application and it is considered the statement is appropriate and sufficiently examines the issues of inclusive design for the proposal.

PLANNING POLICY

The site lies within the development limits designated by the adopted Carmarthenshire Unitary Development Plan and therefore the appropriate policy is H2 of the Plan which allows residential development within limits providing there are no conflicts with other policies and that there are no concerns over amenity, services or highways.

THIRD PARTY REPRESENTATIONS

Turning to the representations to date, the main concern appears to be over the possible loss of privacy caused by overlooking of adjoining properties. Cross sections have been submitted which show the proposed dwelling having a ridge height approximately the same as the neighbouring bungalows. Also this application shows the dwelling being cut into the land by approximately 1-1.5m. Therefore the issue of overlooking should be greatly reduced. Initially a balcony over much of the rear elevation was proposed in the first application and this was later removed and is not included in this application. Also there is a line of mature trees to the rear of the site to screen it from properties behind. Comparative ridge heights have also been shown which shows the proposed property would be at the same height as one adjacent property and lower than the other. The only difference in this property is the two dormer windows on the rear elevation. Such windows may be permitted development once the building is constructed and therefore if removed now could later be added without requiring planning permission.

Other concerns relate to the possible removal of trees along the boundary. These are both a landscape feature and help screen the proposal and therefore a condition requesting they are not felled will be added to any permission.

There was a further objection relating to surface run-off. The application states that soakaways are to be used at the site. The Authority is not aware of any existing problems at the site in relation to surface water and the proposal would need to meet with Building Regulations standards.

Concerns were raised over there being a possible increase of two more properties along the private access. This plot however has previously been granted outline permission and a reserved matters application could have been submitted with a different design. This application also includes a passing bay and as such should provide an improvement to highway safety.

There was concern that the applicants role as a Councillor may affect the decision. The application has been judged on its planning merits and it is felt that this proposal is an improvement from that previously refused earlier this year.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date, it is considered that on balance the proposal is acceptable and accords with policy as it would not have an adverse impact on highway safety. The site is within limits and the principle of residential development was agreed in the outline permission approved last year.

The design of the property is considered appropriate, although previously refused due to other alterations which will reduce its visibility and impact on the landscape. The property is located to the centre of the plot and a rear balcony, which formed part of the original application, has been removed. The rear boundary is lined with mature trees which will screen much of the proposal. Cross sections and levels of the site have been provided and it is felt they demonstrate that the proposed dwelling would be in character with its surroundings and does not create an adverse affect on amenity. The dwelling is to be cut into the land by approximately 1-1.5m and it is felt that this would remove the concerns over loss of amenity at adjacent properties. The cutting in will also make the property less visible in the landscape and as such the design of the dwelling is considered appropriate and would not affect the character of the area.

Although there are no dormer windows in the row there are examples in other nearby streets and such a development may even be permitted development once the building was constructed. The proposed property has a ridge line approximately the same as the adjacent bungalows. The proposed property is larger than the neighbouring ones however it is considered that it is appropriate for the plot and is not considered over development.

A passing area has been included and sufficient car parking and turning facilities have been provided. The highways response from the outline permission has been used and it is felt that the proposal complies with all the requirements. The trees at the rear of the site screen the property and also have landscaping value. As such a condition preventing their removal will be added to any permission.

The Access Statement provided is considered to be appropriate in addressing the issues of inclusive design at the plot. The applicant has provided an amended application form to show that the access road to the front is not wholly within their ownership.

As such, it is felt that this re-submission has overcome the issue of overlooking and reduced the visibility of the large rear elevation to remove the concerns over the design and this application is put forward with a recommendation for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250, 1:500, 1:100 and 1:50 scale plans, received on 6 July 2007, and the amended 1:100 and 1:200 scale plans received on 6 August 2007, unless amended by any following conditions.

3 The walls shall be rendered to have a light textured finish (i.e. not spar dash).

4 The gradient of the vehicular access serving the development shall not exceed 1 in 10 for the first 5 metres from the edge of the carriageway.

5 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole Heol Brynarian Road frontage within 2.4 metres of the near edge of the highway.

6 A passing bay, giving a carriageway width of 5.5 metres over a 10 metres linear length of the road, shall be provided within the private access road to the site. This shall be implemented prior to any part of the development being brought into use, and thereafter shall be retained, unobstructed, in perpetuity.

7 The parking spaces and layout shown on the plans herewith approved shall be provided prior to the commencement of the beneficial use of the development herewith approved. Thereafter they shall be retained, unobstructed, for the purpose of parking only.

8 No trees shall be felled at the site without the prior written approval of the Local Planning Authority.

9 The garage/car parking spaces shall be provided and retained in perpetuity, to be used for private purposes incidental to the enjoyment of the dwelling and not for any business or commercial use.

10 There shall be no additional flank windows added to the property without the prior written permission of the Local Planning Authority.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2+3 In the interests of the visual amenity of the area.

4-7 In the interest of highway safety.

8-10 In order to safeguard the amenity of adjacent occupiers to the site and in the interest of visual amenity.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16828

Application Type

Full Planning

Proposal
& Location

SITING OF A SPRAY BOOTH WITH CANOPY OVER; SITING OF OFFICE PORTACABIN AT MOUNTAIN VIEW GARAGE, HERMON, CYNWYL ELFED, CARMARTHENSHIRE, SA33 6SU

Applicant

MR A R GREEN & MRS S L GREEN, SHIRLEYDALE, TAN Y GROES, CARDIGAN, SA43 2JE

Agent

TREVOR HOPKINS ASSOCIATES, PARC HOUSE, PARC TEIFI, CARDIGAN, CEREDIGION, SA43 1EW

Case Officer

Electoral Ward

STEPHEN THOMAS

CYNWYL ELFED

Date of Registration:

12 JUL 2007

CONSULTATIONS

Head of Transport - No observations received to date.

Public Rights of Way Officer - No observations received to date.

Head of Public Protection - No observations received to date.

Cynwyl Elfed Community Council - Supports the application.

Local Member - County Councillor W Dorrien Thomas as a member of the Planning Committee has not made any prior comment on the application.

Environment Agency - No observations received to date.

Dwr Cymru/Welsh Water - No observations received to date.

Neighbours/Public - The occupiers of two neighbouring properties have been notified of the application and a public notice posted at the application site. One letter of representation has been received objecting to the application on the following grounds:-

RELEVANT PLANNING HISTORY

There is no relevant planning on the application site.

APPRAISAL

THE SITE

The application site is an existing garage business that is located in open countryside on the north eastern flank of the B4333 Cynwyl Elfed to Newcastle Emlyn road approximately 2.5 km north-west of the village of Hermon. The site has long been established for motor vehicle related uses which included fuel sales, but has been more recently used for the repair of motor vehicles. The site is small in stature, having a depth of 24 metres at its south-eastern end tapering to 14 metres at its north-western end, where there is a small range of buildings, consisting of a Dutch barn roofed brick built structure with a lean to, that has a total floor-space of 106 metres square. The site has a forecourt frontage of 55 metres. The current use of the site is for car maintenance that includes body work and paint spraying.

THE PROPOSAL

The proposal is for the erection of a canopy attachment to the existing lean-to structure, within which a proposed new spray booth will be placed. The canopy is approximately 10.75 metres in length and 6.1 metres in depth, and is of a steel portal frame under plastic coated profiled steel roof panels. The roof is proposed to have a low pitched roof that is 3.7 metres to eaves and 4.1 metres to ridge. It is proposed to have a factory prepared spray booth of approximately 31 m2 footprint. No finished colour of the materials has been submitted as part of the proposal.

Additionally, the proposal involves the placing of a temporary structure along side the canopy of 14 m2 that is intended to be used as an office for the existing business. No finished colour has been included in the proposal.

PLANNING POLICY

The relevant planning policy that needs to be considered in this case is contained within the Carmarthenshire Unitary Development Plan (CUDP). Policy E6 is relevant and permits the extension, intensification and continuance of existing commercial enterprises providing that neither the existing or proposal are likely to create environmental damage, amenity, highway or public service provision objections; and the development is of an appropriate scale and form, and are not detrimental to the landscape.

THIRD PARTY REPRESENTATIONS

The proposal has attracted a single representation from a near neighbouring property indicating that there are parking issues with the number of vehicles awaiting repair located throughout the forecourt preventing visiting vehicles from being parked clear of the highway. When the site visit was carried out by the case officer it was noticeable that there was sufficient space for the parking of vehicles clear of the public highway, however, there was insufficient space for the turning of those vehicles within the site and clear of the highway. This was due to the indiscriminate parking of vehicles waiting for repair. Due to the use having been established without conditions controlling the extent of the uses within the site and the current activities cannot be restricted nor controlled. It is envisaged that if this planning permission is granted it will be subject to the imposition of conditions improving this situation.

Secondly, the issue of noise and disturbance has been raised. The Head of Public Protection has been consulted on the application, who has not yet responded. However, issues of noise are better controlled under Environmental Protection legislation as a statutory nuisance. Therefore, it is recommended that, if it is determined to grant planning permission for this proposal, then it is subject to the receipt of a favourable response from the Head of Public Protection. It is further argued that the proposals in themselves should not create any increase in noise and disturbance as the spray booth and the office will not be used for noise emitting activities, as the existing buildings are used for the working on vehicle bodies.

Disturbance from callers at the premises at night will not be affected by the proposed structure in that it is currently taking place at the premises and the final issue of not being connected to mains water is not a significant issue that could be used as a reason for refusal.

It is therefore considered that there is currently insufficient evidence to refuse the application.

CONCLUSION

Having considered all the above policy issues and the third party representation it is concluded that a refusal would be unsustainable in this case and that the weight of the policy presumption is greater than the perceived effect that the proposal will have on the neighbouring property. Therefore, it is recommended that the application be approved subject to the imposition of the following appropriate conditions and subject to the receipt of a favourable response from the Head of Transport and Head of Public Protection. Due to the temporary nature of the office structure it is conditioned for 5 years only.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 This permission for the temporary office shall be for a limited period of five years only, expiring on 30th August 2012 when the structure shall be removed and the land reinstated as part of the open yard.

3 The development hereby permitted shall be carried out strictly in accordance with the plans referenced P-01-431, received on 12th July 2007, unless amended by any following conditions.

4 The roof and walls of the proposed structure shall be constructed of materials coloured dark grey or other approved colour(s) to be specifically approved in writing by the Local Planning Authority prior to commencement of the development.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2+4 In the interest of visual amenities.

3 To safeguard the appearance of the completed development and the visual amenities of the area.

NOTE(S)

1 The developer is strongly advised to contact Western Power Distribution prior to any development, in order to ascertain Western Power Distribution's requirements for the protection of any existing services and to obtain details of them. This could avoid a serious accident and the developer paying costs of repairs.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

Application No

W/16831

Application Type

Full Planning

Proposal
& Location

INSTALLATION OF WINDSAVE US1000 DOMESTIC MICRO WIND TURBINE TO SOUTH FACING WALL OF HOUSE AT 2, BRONGWENDRAETH, CARWAY, KIDWELLY, CARMARTHENSHIRE, SA17 4HT

Applicant

MRS VIOLET ANN TODMAN, 2 BRONGWENDRAETH, CARWAY, KIDWELLY, CARMARTHENSHIRE, SA17 4HT

Case Officer

Electoral Ward

SIMON CLEMENT

LLANGYNDEYRN

Date of Registration:

12 JUL 2007

CONSULTATIONS

Head of Public Protection Social Care and Housing - No representation received to date. Any response will be addressed in the addendum.

Llangyndeyrn Community Council - Have raised no objection to the proposal.

Local Member - County Councillor W H Jones is a nominated substitute of the Planning Committee and has not commented to date.

Neighbours/Public - The application has been publicised by the posting of a Site Notice and two neighbouring properties were informed. One response has been received as a result objecting to the proposal on the following grounds:-

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

THE SITE

The application site consists of a semi-detached property which fronts onto B4317 and as a corner plot on the entrance to the Bron Gwendraeth estate. The property has a hipped roof form. The property at No 3 Bron Gwendraeth is within the estate and approximately 15m due south of the application site.

THE PROPOSAL

The application seeks permission to construct a Windsave US1000 Domestic Micro Wind Turbine to the south facing wall of the property. It will be fitted to the wall via two brackets, and will have maximum height of approximately 3m above the first floor eaves. It will include 3 blades, all being 0.8m in length. At its maximum height, the blade of the turbine will approximately be at the same height as the ridge line of the dwelling. The specification of the wind turbine indicates that the noise generation will be 52 dBA 5m behind the turbine at a speed of 7m/s.

PLANNING POLICY

The relevant policy is Policy GDC1 and GDC2 of the Carmarthenshire Unitary Development Plan.

THIRD PARTY REPRESENTATIONS

Turning to the representations received to date. A single letter of objection was received which raised concerns regarding the noise disturbance that the proposed wind turbine would create. The specification for the wind turbine indicates that the noise created by the turbine is similar to that of a normal conversation. The property at No 3 Bron Gwendraeth is approximately 15m from the dwelling. As such it is felt that the noise created by the turbine will not be over and above normal background noise. The Head of Public Protection has been consulted on the application and no response has been received to date. The response will be verbally reported to the Committee.

CONCLUSION

After careful consideration of the scheme as submitted taking into account the representations received, it is considered that on balance the scheme is acceptable.

The wind turbine provides a way to deliver green energy directly to the property and therefore meet the sustainability policies of the Unitary Development Plan by reducing the need of non-renewable energy. The wind turbine is positioned and of a scale that would not create an adverse impact on neighbouring properties or the character of the area in general. Nevertheless, a condition shall be placed on any permission granted to restrict it as a temporary permission only, so that its long term impact can be investigated and controlled.

As such the application is put forward with the recommendation of approval.

RECOMMENDATION - APPROVAL

CONDITIONS

1 Approval is granted for a temporary period of three years from the date of this approval and is subject to renewal at the end of this period on receipt of the applicant's written application.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250, 1:500 and 1:100 scale plans, received on 12th July 2007, unless amended by any following conditions.

REASONS

1 In order to consider its long term impact upon the general amenities of the area.

2 In the interest of visual amenities.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows: