COMMITTEE:

    PLANNING COMMITTEE

DATE:

    23 DECEMBER 2008

REPORT OF:

    HEAD OF PLANNING

INDEX - AREA SOUTH

Ref

APPLICATIONS RECOMMENDED FOR APPROVAL

Page Nos.

S/19284

Section 73 Application to Vary Condition No.1 and delete Condition No.9 imposed on outline planning permission ref S/05839 dated 11 March 2004 at land at Horeb Road, Mynyddygarreg, Kidwelly

3 - 11

S/19284

Amendment to siting and design of two dwellings previously approved under planning application S/13655 on 17/10/2006 at 6 Clayton Road, Hendy, Pontardulais, Carmarthenshire

12 - 19

S/19615

Proposed change of Use of land to provide for the education and training of young people in theuse and driving of heavy machinery and plant with ancillary storage and administrative facilities at land to the north east of Glyncoed Yard, Halfway, Llanelli

20 - 29

S/19667

Extension to Unit 5 and installation of mezzanine floor at Unit 5 (and land adjacent) Parc Trostre Retail Park, Llanelli

30 - 39

S/19881

Construction of 20 no. dwellinghouses, access road and associated infrastructure at land part of Clun Farm, Heol Waunyclun, Trimsaran, Kidwelly, Carmarthenshire

40 - 47

S/20027

Change of Use to car park and creation of a new access onto Bryncoch at Bryncoch, Llanelli, Carmarthenshire

48 - 52

S/20090

Alterations to existing first floor balcony and enclosure of patio area to form sun lounge at 62 Rehoboth Road, Roads

53 - 58

S/20256

Mixed use development comprising: racecourse & harness race circuit; eventing & cross country area; grandstand, parade ring, stables; equestrian centre & paddocks; training establishments & associated paddocks; car parks for staff & visitors; bar & restaurant/cafes; hotel & restaurant; public house; housing; and associated infrastructure & landscaping - Reserved Matters application for the design of buildings associated with the racecourse development: hospitality 1, hospitality 2 and ground maintenance shed at Ffos Las Racecourse, Former Opencast Mine Site Ffos Las, Trimsaran, Carmarthenshire

59 - 66

Application No

S/19230

Application Type

Variation of a Planning Condition

Proposal
& Location

SECTION 73 APPLICATION TO VARY CONDITION NO. 1 AND DELETE CONDITION NO. 9 IMPOSED ON OUTLINE PLANNING PERMISSION REF. S/05839 DATED 11 MARCH 2004 AT LAND AT HOREB ROAD, MYNYDDYGARREG, KIDWELLY, CARMARTHENSHIRE

Applicant

PERSIMMON HOMES (WALES) LTD, C/O AGENT

Agent

WHITE YOUNG GREEN, 21 PARK PLACE, CARDIFF, CF10 3DQ

Case Officer

Electoral Ward

GARY GLENISTER

KIDWELLY

Date of Registration:

03 JUN 2008

CONSULTATIONS

Head of Transport - Has no objection to the variation of conditions subject to minor re-wording of the highways conditions to reflect the extant UDP and a commuted contribution towards off site traffic calming to allow safer access between the site and the local play area. A sum of £35,000 has been quoted to allow a 20mph zone to be created in the area around the play area to reduce vehicular speeds.

Parks Manager - Has no objection to the removal of the condition requiring an on site play area, subject to the applicant confirming their willingness to enter a legal agreement to pay a financial contribution toward the upgrading of play facilities in the locality.

Kidwelly Town Council - Object to the proposal.

Local Members - County Councillor K Davies is a member of the Planning Committee and has therefore not made prior comment.

Dwr Cymru/Welsh Water - Has not commented to date on the proposed development.

Neighbours/Public - 25 No. properties were consulted on receipt of the application. A press notice and 2 site notices have also been displayed on the application site. 4No. objections have been received to date including the local Assembly Member raising the following matters:

- where would over flow go? Surface water causes problems already.

RELEVANT PLANNING HISTORY

The following applications have been received on the application site.

S/15691 Construction of 32 dwellings, mixed

S/05839 Residential development

S/00831 Variation of Condition 1 imposed on

D5/17094 Vary Condition 1 of outline planning

D5/15041 Residential development

D5/3004 Residential development

D5/2684 Residential development

APPRAISAL

THE SITE

The application site is a 1.12ha parcel of land with access fronting onto an un-named road that forms an extension of Heol Yr Ysgol, Mynydd Y Garreg. The site is green field and has several hedgerows present. The site has residential properties at Newtown to the west, Heol Gwelfor/Heol Horeb to the east beyond a verge of unknown ownership and there is a recently approved site opposite to the north of the proposed access with detailed planning for one out of three plots. The site has a long planning history and was within the three years to submit reserved matters as conditioned in extant outline planning permission S/05839 at time of the recent reserved matters submission.

An application for approval of reserved matters was refused in October 2007 and a subsequent appeal was dismissed on the grounds that the proposed play area was inappropriately positioned with lack of natural surveillance. The site is now outside the three years for the submission of reserved matters, however is within the five years of the outline, therefore an extension of time for the submission of reserved matters is possible through Section 73 of the Town and Country Planning Act 1990.

A previous permission dating from 1978 was accessed from Heol Horeb, however it has since been confirmed that there is a roadside verge in third party ownership between the site and the public highway.

THE PROPOSAL

The application seeks to extend the time period for the submission of reserved matters under Section 73 of the Town and Country Planning Act, in order to vary the time limit of the permission in order to extend the time in which reserved matters must be submitted to 2010.

The application further proposes the removal of Condition 9 in respect of on site play provision, given the location of a play area within close vicinity of the site. A financial contribution is therefore proposed for improvement of the existing play area. A further financial contribution of £35,000 has been agreed to improve highway and pedestrian safety between the site and the play area to allow for safe access.

Given the change in circumstances since the approval of outline permission, in that the UDP has been adopted, the site is subject to community contributions and therefore in addition to the proposed commuted sum for open space, the need for affordable housing and contributions towards education provision has been agreed.

PLANNING POLICIES

In the context of the current development control policy framework, the site lies within the Mynydd y Garreg settlement development limits as defined in the Carmarthenshire Unitary Development Plan (UDP) Adopted July 2006 and allocated for housing under Policy H1. Housing Policy H1 of the UDP allocates the site for housing with an indicative capacity of 24.

Policy GDC2 of the UDP, which seeks to ensure that all new forms of development should enhance rather than detract from the existing environment making a positive contribution. Particular regard is given to a number of criteria including, the scale, form, materials, siting and layout in relation to the character of the surrounding environment.

Policy GDC9 states that development should have an appropriate amount of amenity and utility space proportionate to the scale, layout and location of the proposed development.

Policy GDC11 seeks a satisfactory means of access, parking and where necessary turning facilities, 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 GDC33 of the Plan seeks to negotiate contributions from developers in larger scale developments to fund community and education facilities, infrastructure projects and affordable housing within the local area which should be fairly and reasonably related in scale and kind to the development. This policy is reinforced by Policies C4 and REC8 which relate to the provision of community facilities and open space provision within appropriate housing developments. Similarly, in terms of affordable housing provision, Policy H3 requires that where there is a demonstrable lack of affordable housing to meet proven local needs the Authority will seek the inclusion of a reasonable element of such housing within new schemes.

National policy contained in the Ministerial Interim Planning Policy Statement 01/2006 Housing clearly states in paragraph 9.2.13 that 'Sensitive design and good landscaping are particularly important if new buildings are to be fitted successfully into small vacant sites in established residential areas.'

Paragraph 9.2.21 states that 'Sensitive filling in of small gaps, or minor extensions to such groups, may be acceptable, but much depends upon the character of the surroundings, the pattern of development in the area and the accessibility to main towns and villages.'

THIRD PARTY REPRESENTATIONS

The previous application (S/15691) was subject to a petition with a range of objections relating to the reserved matters then submitted and the overall principle of the development. This application was refused and the applicants appealed the decision. The appeal inspector considered the objections and only dismissed the appeal on the location of the play area. In all other respects, the inspector found the proposal acceptable. It is therefore considered that the only material points previously raised relate to the play area.

This application seeks to remove the condition requiring on site play, thereby addressing the only issue on which the appeal inspector dismissed the appeal. Given the sites proximity to a local park, the Parks Manager has no objection to the removal of the condition requiring an on site play area, subject to the applicant confirming their willingness to enter a legal agreement to pay a financial contribution toward the upgrading of play facilities in the locality. The applicants have agreed to make a financial contribution based on the number of houses.

It is further considered that the deletion of the requirement for on site play facilities should be accompanied by a further commuted sum for traffic calming in the vicinity of the site to allow safer pedestrian access. The Head of Transport has indicated that a sum of £35,000 would be necessary for the works to create a 20mph zone and the applicants have agreed to pay for these works.

It is acknowledged that there are highway safety issues on the roads surrounding the site, however at the recent appeal, the inspector dismissed the concerns as outline permission had been granted with no off site improvements. This application seeks to extend the time period for the submission of reserved matters on the extant outline, therefore the appeal inspector's comments are relevant and he did not dismiss the appeal on highway safety grounds. The commuted sum referred to above for traffic calming will however have a wider benefit than just pedestrian safety between the site and the play area, and will have the effect of generally slowing traffic down for the benefit of road users.

The Planning and Compulsory Purchase Act 2004 abolished the provisions of Section 73 of the Town and Country Planning Act 1990, however this has not been enacted in Wales. Therefore the applicants seek to extend the time period for the submission of reserved matters under Section 73.

Under Section 73, if there are any changes in circumstances since the original permission, the later extant policy position is material and therefore the extant UDP is applicable, this seeks to ensure that an element of affordable housing is provided on all sites above the relevant urban and rural thresholds. The applicants have therefore agreed to provide 25% affordable housing on the site where none were previously proposed. The applicants have also agreed to pay an education contribution based on the prescribed formula therefore there is a considerable community benefit where none was previously achieved under the historic permissions.

There are concerns over surface water from the site, especially as properties in Newtown are at a lower level. There is however a condition requiring the submission of a comprehensive drainage scheme at reserved matters stage, and the appeal inspector did not dismiss the appeal on drainage grounds, therefore the Council has full control over the details when submitted.

The mental health of pedestrians is not a material planning consideration. Health care generally is provided by individual practitioners and therefore as the population of Mynyddygarreg increases, so to does the likelihood that local facilities will become viable.

In the context of the size of Mynyddygarreg, the development is not considered likely to adversely affect the linguistic characteristics of the village.

The contention that the developers are stalling for their own benefit is not relevant. The timing of any development is at the discretion of the developers and permissions can be safeguarded in perpetuity if a technical start is made within the prescribed time table. The delay in this site coming forward will to some degree be as a result of the refusal of reserved matters and its subsequent appeal dismissal. The intentions of the developers to develop or 'land bank' sites is not however relevant to the acceptability or otherwise of the site for housing.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of the proposed development it is considered on balance that the site is within limits, allocated for housing and has a long history of outline permission. A recent appeal decision on an application seeking approval of reserved matters was dismissed purely on the design and location of the on site play area therefore all other matters were considered acceptable. Therefore whilst there are local concerns over the site and the surrounding road network, these do not out weigh the UDP allocation and history of permission on the site.

However as a Section 73 application, changes in circumstance must be taken into consideration and the adoption of the UDP is material.

As Members are aware the Local Planning Authority usually seeks Community Benefit contributions under the UDP towards affordable housing from developments in excess of 5 units in rural areas and education and open play space from developments in excess of 10 residential units. The relevant service areas within the Authority provide information in relation to their requirements based upon need, priority, etc. The applicants have agreed the following in principle, however the precise amounts will be dependant on the number of units that are proposed at reserved matters stage.

Open Space - £10,000 for management and administration and £2,463 per plot, additionally, £35,000 for traffic calming to allow the safe pedestrian movement between the site and the local play area.

Education - Contribution based on the following pupil yield formula

Early Years - 0.04 pupils per dwelling

Primary - 0.4 pupils per dwelling

Secondary - 0.2 pupils per dwelling

The schools in the Kidwelly catchment are subject to major investment proposal in the Modernising Education Provision (MEP) proposals therefore the higher rate of contribution is applicable as follows:

1-15 places £3,000 per place

16-30 places £3,500 per place

30+ places £4,000 per place

Affordable Housing - the applicants have agreed to provide 25% affordable housing as requested by the Head of Social Care Health and Housing.

It is therefore considered on balance that the application complies with the above policies and signifies significant community benefits that were not achieved in past applications. The application is therefore recommended for approval subject to Section 106 agreement in respect of affordable housing, education and open space provision.

As such, it is respectfully requested that the Head of Planning be granted plenary powers to approve the application on successful completion of the relevant Section 106 Agreement.

RECOMMENDATION - APPROVAL

CONDITIONS

1 Application for approval of reserved matters must be made to the Local Planning Authority before the expiration of six years from 11 March 2004 and the development must be commenced not later than whichever is the later of the following:-

a) the expiration of eight years from 11 March 2004;

2 The permission now granted relates to the land edged red on the 1:2500 scale plans received on 3 June 2008.

3 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.

4 Each dwelling house shall be provided with a 10.5 metre length rear garden area.

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 to the reasonable satisfaction of the Local Planning Authority prior to the construction of any impermeable surfaces draining to the system.

6 The access road shall be centrally located, laid out and constructed with 5.5m carriageway, 1.8m footways and 6m kerbed radii at the junction with the unclassified road.

7 Visibility splays of 2.4m x extents of the site shall be provided on either side of the access road. There shall be no growth or obstruction above 0.9m within these areas.

8 The development of the site shall not be commenced until details and plans showing the finished floor levels of the buildings together with cross sections through the site have been submitted to and agreed in writing by the Local Planning Authority and there shall be no departure from the approved finished floor levels. These details are to form part of any reserved matters application submitted.

REASONS

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

2&3 The application is in outline form only.

4 To ensure appropriate levels of private amenity space.

5 To ensure adequate disposal of surface water and to prevent pollution of the water environment.

6&7 In the interests of highway safety.

8 In the interests of visual amenity.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town & 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 (UDP) Adopted July 2006) and material considerations do not indicate otherwise. The policies which refer are as follows:

NOTES

1 The applicant/developer's attention is drawn to the requirement to enter into an agreement pursuant to Section 106 of the Town and Country Planning Act 1990 in respect of 25% affordable housing and education & open space contributions in accordance with the above formula and additionally £35,000 towards traffic calming in the vicinity, which is necessary in order to serve the proposed residential development and the housing needs of the town.

2 Where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats, etc) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted In accordance with the aforementioned Regulation and a copy thereof has been produced to the Local Planning Authority.

Nesting Birds

3 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.

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

5 The application site is in an area of past known mining activity and, as such, the developer is recommended to carry out sufficient site investigations to enable him to decide in the light of known facts what ground precautions, if any, should be adopted and what precautionary measures should be incorporated in the location, layout, design and construction of the proposed development to mitigate the possible effects of mining subsidence of the land.

6 In accordance with Technical Advice Note No.12 (Design) the developer of the site will be required to prepare a design statement for the site explaining the design principles and concept, the relationship of the development within the village setting and how the development reflects policies in the emerging Unitary Development Plan. The developer is further advised to submit this document to the Local Planning Authority prior to the formal submission of any reserved matters application/s.

Application No

S/19284

Application Type

Full Planning

Proposal
& Location

AMENDMENT TO SITING AND DESIGN OF TWO DWELLINGS PREVIOUSLY APPROVED UNDER PLANNING APPLICATION S/13655 ON 17/08/2006 AT 6 CLAYTON ROAD, HENDY, PONTARDULAIS, CARMARTHENSHIRE, SA4 0US

Applicant

MR D CHAPPLE & MR S LAWRENCE, C/O AGENT

Agent

TREHARNE JONES ASSOCIATES, 12 CARMARTHEN ROAD, LLANDEILO, SA19 6RP,

Case Officer

Electoral Ward

PAUL ROBERTS

HENDY

Date of Registration:

11 JUN 2008

CONSULTATIONS

Llanedi Community Council - No response received to date.

Local Member - County Councillor S Lloyd-Janes has submitted the following concerns on behalf of a local resident:

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

Neighbours/Public - 13 neighbouring properties have been notified of the application with four letters of representation having been received to date from neighbouring residents who have expressed a number of concerns regarding the development. Two letters have also been received from the local Assembly Member expressing concerns on behalf of one of the respondents. The letters received express the following concerns:

RELEVANT PLANNING HISTORY

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

S/13655 2 No. dwellings

S/12799 2 No. dwellings

S/11097 2 No. detached houses (outline)

S/8258 Demolition of dwelling and replacement

Planning permission 19 January 2005

APPRAISAL

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

THE SITE

The application site consists of a rectangular parcel of land located on the southern flank of Clayton Road in Hendy. Having previously been occupied by a single dwelling which has subsequently been demolished, the site currently consists of two building plots which are occupied by two partly constructed houses built as a result of planning permission S/13655 which was granted in August 2006. The house on plot no. 1 has been constructed up to wall plate level and the roof trusses have been erected on the building. In contrast, the house on plot no. 2 has only progressed as far as the foundation level with these being set well below the level of the adjacent roadway. Both houses have been constructed at a comparable depth within the site to neighbouring properties with the rear half of the site, which is to serve as a garden area for both new houses, being generally overgrown and sloping gradually downwards towards the rear boundary.

The site is located in a primarily residential area with the surrounding Clayton Road street scene consisting of a mix of semi detached and detached single and two storey dwellings. Immediately to the east of the site is a detached split level bungalow which is sited directly on the common boundary shared with plot no.1, whilst to the west are two semi detached two storey houses which are elevated above the site. The site itself has a road frontage of some 19 metres with a depth of approximately 34 metres.

THE PROPOSAL

Planning permission is sought for an amendment to the siting and design of the two dwellings previously approved on the site in August 2006 under planning permission S/13655. This previous permission related to the construction of two detached split level dwellings on the site with both houses being of the same design consisting of four bedrooms and an integral garage. The front elevation of the approved houses are of a two storey construction while the rear consists of an additional basement level. The approved scheme incorporates off road parking provision for three vehicles within the curtilages of both houses in the form of a front driveway and integral garage with generous garden spaces also provided to the rear.

Although construction works have commenced on the above permission with the erection of the house on plot no. 1 and foundations on plot no.2, following an inspection of the development by the Authority's Planning Enforcement Team it is apparent that the siting and design of the house on plot no.1 differs from that previously granted permission. As a result, the applicant has submitted the current application for a number of amendments to the approved scheme which include:

1 A revision to the siting of the house approved on plot no.1. The house constructed on plot no. 1 has been constructed 0.6 metre closer to the boundary of the site shared with the neighbouring bungalow (no. 8 Clayton Road) with the resultant separating distance between both properties being 0.9 metre in contrast to the 1.5 metre distance previously approved under application S/13655.

2 The pitch of the roof of both houses has been raised from 34-35° to 39-40° with a consequential increase in ridge level of approximately 0.5 metre. In light of this increase and following discussions with the Local Planning Authority, the current proposal also involves altering the roof design of both houses to one of a half hip form instead of the saddle roofs previously approved and indeed erected on the house constructed on plot no. 1.

3 The attic space of both new houses are to incorporate an additional en-suite bedroom thus resulting in two five bedroom properties in contrast to the 4 bedroom properties approved under permission S/13655.

POLICY CONTEXT

In the context of the Authority's Development Plan Framework the site is located within the development limits of Hendy as defined in the adopted Carmarthenshire Unitary Development Plan. Reference is made to the following policies of the Plan.

Policy GDC2 of the Plan requires that development proposals enhance the local environment in terms of mass, density plot ratio and scale, and should be of a suitable design appropriate to its location and utilise materials which are in keeping with the character of the surrounding area. Furthermore, the policy requires that proposals should avoid the loss of important features which contribute to the quality of the local environment and should have no unacceptable impact on the privacy and amenity of existing dwellings, buildings and other land uses and their respective occupiers.

Policy H2 of the Plan permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan and subject to there being no highway, amenity or utility service provision objections.

Policy T3 of the Unitary Development Plan requires that proposals for new development should only be permitted if the capacity of the local highway network is sufficient to serve the development without detriment to the safety of road users and pedestrians and that proposals provide access provision, including turning areas, which is of an appropriate standard for vehicles, cyclists and pedestrians. Similarly, Policy GDC11 of the Plan requires that all development proposals shall be served by an appropriate access which incorporates visibility requirements so that all vehicles entering and leaving the site should be able to do so in forward gear. Furthermore proposals should include parking facilities in accordance with the Authority's approved standards.

Further to the above, National policy contained in Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 - Housing clearly states in paragraph 9.2.13 that 'Sensitive design and good landscaping are particularly important if new buildings are to be fitted successfully into small vacant sites in established residential areas.' Further advice contained in paragraphs 9.3.3 and 9.3.4 warn that insensitive infilling or the cumulative effects of development should not be allowed to damage an area's character and amenity. In determining applications local planning authorities should ensure that the proposed development does not damage an areas character and amenity.

THIRD PARTY REPRESENTATIONS

A number of letters of representation have been received in respect of the proposal expressing a number of concerns regarding the development. These will be addressed in the following appraisal.

Several respondents have expressed concern that the construction work undertaken on the site to date does not accord with the details approved under the previous planning permission. Following a detailed inspection of the site it is apparent that there are two main discrepancies between the development that was originally approved on the site and that which has subsequently been constructed and the current application essentially seeks to regularise these. Firstly, the house constructed on plot no.1 has been constructed approximately 0.6 metre closer to the neighbouring bungalow than that previously approved and secondly the roof pitch of both houses has been increased by some 5° with a consequential increase in ridge height of approximately 0.5 metre.

Although the intervening distance between the house on plot no. 1 and the neighbouring bungalow is now 0.9 metre in contrast to the 1.5 metre approved, this is the minimum distance normally required by the Authority for new residential developments and is in this instance considered acceptable. Moreover, from an amenity perspective, the siting of the development at a comparable depth to and to the side of the neighbouring bungalow will mean that the proximity of the new house will not cause any unacceptable material harm to the living standards of its occupiers in terms of overbearance or indeed loss of light.

Turning to the height of the proposed houses, although the increase in the pitch of the roofs has meant an increase in the finished ridge height of approximately 0.5 metre from that previously approved, such a difference does not increase the visual mass of the houses to any discernible level, particularly given their two storey design. Notwithstanding this, given the position of the new houses adjacent to the neighbouring bungalow, the applicant has, following discussions with the Authority, altered the roof design of both new houses to a half hip form instead of the saddle roofs previously approved and constructed on plot no.1. This revision will reduce the massing of the houses previously approved and the perceived difference in ridge height with the neighbouring bungalow. Thus, although the dwelling on plot no.1 will be closer to the neighbouring bungalow with a slightly higher ridge level than previously approved, the view is taken that the amended scheme will not be incongruous with the appearance of the surrounding street scene particularly given the proposed half hip roof design. It is worth noting that Clayton Road is characterised by a mix bungalows and two storey houses with a significant variation in roof forms and ridge levels and it is not considered that the differing height between the bungalow and the proposed houses will appear as a conspicuous feature which will detract from the visual amenity of the surrounding area.

Concerns have been expressed that the additional bedroom proposed within the attic space of both houses will increase the level of traffic and on street parking along Clayton Road to the detriment of the current level of highway safety. Similar to the approved scheme, the current proposal incorporates off road parking provision for 3 vehicles within the curtilages of both houses with these taking the form of a front driveway and integral garage. This provision accords with the Authority's adopted parking standards and is therefore considered sufficient to serve both new properties. Furthermore, in terms of traffic generation the principle of two four bedroom houses has been established with the granting of the previous permission in August 2006 and it is not considered that the addition of a further bedroom in the attic of both houses will increase traffic generation along Clayton Road to such a level that it could not be accommodated by the existing road network.

The resident of the property to the west of the site has highlighted that the additional bedrooms proposed within the attic space of both houses will result in the overlooking of their rear garden space. The additional bedrooms, however, are to be served solely by two velux style windows within the rear roof plane of the houses which given their design and positioning will result in a minimal level of overlooking of the rear of the respondent's garden. The proposal will not therefore be unacceptably harmful to the living standards currently enjoyed by the respondent. It should be noted that the side elevations of the houses which are to face neighbouring properties contain no window openings thus ensuring no direct outlook over adjacent occupiers.

The issue of potential damage to neighbouring properties and the ability of the developer to complete or maintain the development in the future are not material in the determination of the application. In terms of the former, however, it is worth noting that the resident of the neighbouring bungalow has expressed concern that the infilling of a small part of the site separating the house constructed on plot no. 1 from the side elevation of their bungalow will result in dampness in their property. The respondent's property has been built directly on the common boundary shared with the application site and whilst the development will involve the construction of a retaining wall and the infilling of a narrow area between the bungalow and the newly constructed house, this infilled area is to be tanked using a waterproof membrane thus ensuring the proposal will not adversely affect the integrity of the respondent's property.

Finally, turning to the issue of the accuracy of the plans submitted, whilst the original plans accompanying the application did contain a number anomalies in relation to the scale and height of the proposed dwellings, these have subsequently been corrected. Thus, the revised plans are considered to accurately detail the proposed development.

CONCLUSIONS

On balance therefore, and after careful examination of the site and its surrounding environs, together with the representations received to date, the amendments to the approved scheme are considered to be acceptable and in keeping with the general character and appearance of the surrounding street scene of Clayton Road. The proposal accords with the Authority's Development Plan policies and there are no amenity, highway or public service objections to the development.

In light of the foregoing, the application is put forward with a favourable recommendation.

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 scale plan received on 11 June 2008; the amended 1:200 scale plan received on 4 November 2008, and the amended 1:200 and 1:100 scale plans received on 27 November 2008, unless amended by any following conditions.

3 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.

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 Clayton Road frontage within 2.4 metres of the near edge of the carriageway.

5 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.

6 The garages hereby approved shall be used for private purposes incidental to the enjoyment of the dwelling and not for any business or commercial purposes.

7 Within 3 months of the date of this planning permission a full schedule of all external facing materials to be used in the development shall be submitted to the local planning authority for written approval. The development shall then be completed in accordance with the approved details.

REASONS

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

2&7 In the interest of visual amenities.

3,4&5 In the interests of highway safety.

6 To ensure the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties

NOTES

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.

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

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

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outline in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town & 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 adopted Carmarthenshire Unitary Development Plan) and material considerations do not indicate otherwise. The policies which refer are as follows:

Application No

S/19615

Application Type

Full Planning

Proposal
& Location

PROPOSED CHANGE OF USE OF LAND TO PROVIDE FOR THE EDUCATION AND TRAINING OF YOUNG PEOPLE IN THE USE AND DRIVING OF HEAVY MACHINERY AND PLANT WITH ANCILLARY STORAGE AND ADMINISTRATIVE FACILITIES AT LAND TO THE NORTH EAST OF, GLYNCOED YARD, HALFWAY, LLANELLI, CARMARTHENSHIRE

Applicant

PARKER BROTHERS (CONTRACTORS ) LTD, GLYNCOED HOUSE, HALFWAY, LLANELLI, CARMARTHENSHIRE, SA15 1HQ

Agent

OWEN BANKS PLANNING & DEVELOPMENT, 43 POTTERY STREET, LLANELLI, CARMARTHENSHIRE, SA15 1SU

Case Officer

Electoral Ward

PAUL ROBERTS

DAFEN

Date of Registration:

28 JUL 2008

CONSULTATIONS

Head of Transport - No objection.

Head of Corporate Property - No response received to date.

Head of Public Protection and Social Care and Housing - No objection.

Llanelli Rural Council - Object to the application on the following grounds:

Local Member - County Councillor T Devichand has expressed concern that the development is not in character with the surrounding area, will have a detrimental effect on the environmental amenities of the land and is one of the few open spaces in the area that has natural habitats. On this basis Councillor Devichand has requested that the Planning Committee undertake a visit to the site prior to determining the application.

Environment Agency - No objection subject to the imposition of a number of suitable conditions.

Neighbours/Public - The neighbouring properties within the vicinity of the site have been notified of the application with the proposal also being advertised by means of a site notice. In response, 7 letters of representation have been received from neighbouring residents together with a signed petition which has been signed by 42 residents. A letter of objection has also been received from the Governing Body of St John Lloyd Catholic Comprehensive School while the Assembly Member Joyce Watson has also highlighted a number of concerns expressed by one of her constituents.

The concerns raised relate to the following:

RELEVANT PLANNING HISTORY

The following previous planning applications have been received on the site:

S/1545 Land used for storage of plant, equipment,

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 consists of a rectangular parcel of land located to the north east of the Parker Brothers Plant Hire premises situated off Glyncoed Terrace in Halfway, Llanelli. The site adjoins the northern edge of the plant hire depot and covers an area of approximately 0.4 hectares having a depth of 100 metres with a maximum width of 40 metres. It consists of a level parcel of land with the southern two thirds having a compacted stone surface and a centrally located tarmacadam access road with the latter leading from the existing plant depot and yard to the south. The northern part of the site is characterised by a grassland area.

The south eastern boundary of the site runs contiguous with the bank of the River Dafen which is characterised by a belt of mature trees which serve to screen the site from south and east. To the north west are the playing fields and grounds of St John Lloyd School which are separated from the site by a small stream and a belt of well established and mature trees and hedgerows. The northern boundary of the site is characterised by a grassed embankment with rough open grassland located further to the north.

Access to the site is achieved via the tarmacadam road leading from the main plant hire depot to the south. The main offices, storage buildings and off road parking facilities associated with the premises are situated within close proximity to Glyncoed Terrace. To the rear is the extensive depot and yard area which extends northwards towards the southern boundary of the application site and which is used for the storage of a wide range of plant, machinery and storage units/containers.

THE PROPOSAL

The application seeks full planning permission for the change of use of the site to provide an educational and training facility for young people in the operation and driving of heavy machinery and plant. The proposed training facility is to occupy the southern part of the site which currently consists of the compacted stone finish and tarmacadam roadway, while the grassed area within the northern part of the site is to be retained as an amenity area as part of the proposal. The latter is to be separated from the training facility by a new grassed mound.

The proposal is to form part of a new educational and vocational training programme to be run by the applicant in conjunction with Coleg Sir Gar which will provide an opportunity for young people to learn to use and drive heavy machinery and plant. The proposal will also includes the ancillary storage and parking of the machinery and plant used as part of the training facility which will involve the siting of a small number of storage and office units within the southern part of the site adjacent to the existing depot and yard. The applicant has indicated that an element of training has been undertaken on the premises to date, however, this has been limited due to the constraints of the existing depot and the inadequacy of existing facilities to meet health and safety requirements. The proposal will therefore enable the applicant to offer a dedicated training facility for young people in conjunction with Coleg Sir Gar.

The application has been accompanied by a detailed landscaping scheme which involves a considerable degree of planting along the northern and western boundaries of the site. The existing trees and hedgerows within and bordering the site are to be retained as part of the proposal with those separating the site from the grounds of St John Lloyd School being substantially reinforced as part of the proposal with the planting of new trees of indigenous species.. The scheme also includes the retention of a grassed buffer along the bank of the River Dafen.

PLANNING POLICIES

In the context of the Authority's Development Plan, the site is located outside and adjacent to the development limits of Llanelli as defined in the adopted Carmarthenshire Unitary Development Plan and forms part of a larger area designated as a Green Wedge. The following policies of the Plan therefore apply:

Policy GDC1 looks to encourage environmentally sustainable proposals which seek to utilise vacant, underused or previously developed land. Policy GDC2 of the UDP requires that development proposals enhance the local environment and should be of a suitable design appropriate to its location and utilise materials which are in keeping with the character of the surrounding area. Furthermore, the policy requires that proposals should avoid the loss of important features which contribute to the quality of the local environment and should have no unacceptable impact on the privacy and amenity of existing dwellings, buildings and other land uses and their respective occupiers.

Policy E6 permits extensions, intensification or the continuance of existing employment undertakings providing that the existing use or the development proposal does not create any environmental, amenity, highway or public service objections; are of an appropriate scale and form within the context of their location and not detrimental to the surrounding landscape.

Policy GDC6 stipulates that the designation of green wedges will provide long term protection for areas of open countryside in order to prevent urban sprawl and the merging of communities. The policy goes on to state that development proposals which would erode the open character of green wedges will not be permitted.

Turning to the matter of traffic generation and parking provision, policy GDC11 requires that all new development proposals should be served by appropriate vehicle parking provision whilst policy GDC12 states that proposals which generate an unacceptable level of traffic on the surrounding road network which would reduce highway safety or unacceptably harm the amenity of residents along the route will not be permitted. This policy is reinforced by Policy T3 which seeks to ensure that the local road network is sufficient to serve the development.

Finally, Policy GDC30 relates to development in flood risk areas and stipulates that development proposals which would be at an unacceptable risk of flooding will not be permitted except where accompanied by a satisfactory flood consequence assessment. This policy is reinforced by Planning Policy Wales, TAN15, Development and Flood Risk (July 2004) which states that new development should only be permitted within zones C1 and C2 if determined by the planning Authority to be justified in that location and development proposals are accompanied by an appropriate flood consequence assessment.

Policy C1 permits proposals for new, improved or extensions to community facilities and services providing they are located within or adjacent to the development limits of settlements; there is a demonstrable need for the facility and the proposal will extend and improve the range of existing services/facilities available; the location is readily accessible by walking, cycling and public transport; and there are no amenity, highway, utility service provision or environmental objections.

THIRD PARTY REPRESENTATIONS

As noted above, a number of letters of objection and a signed petition have been received to date in response to the application which express a number of concerns regarding the proposal. These will be addressed in the following appraisal.

A number of respondents have highlighted that the proposed new training facility will increase the level of traffic and on street parking on the surrounding highway network with particular reference being made to the existing problems experienced on Havard Road to the west of the site. The Head of Transport, however, having considered the application has offered no objection to the proposal from a highway safety perspective and is of the opinion that the existing highway network, access and parking facilities serving the plant hire depot are sufficient to serve the extended facility.

With regard to the concerns raised that the development will not be in keeping with the surrounding area, members will be aware from the appraisal above that the application site is located immediately to the north of the existing plant hire depot which represents a long established commercial activity within the surrounding area. The new training facility will in essence form a relatively small extension of the existing premises and the nature of the intended use will mean that it will complement that of the main plant hire business. It is worth noting that the storage depot immediately adjoining the site was granted a certificate of lawfulness for the storage and testing of plant and equipment, including mobile plant, excavators and the like, in December 1998 and the view is taken that the proposed new training facility will not differ significantly from this lawful use of the adjoining depot.

A significant number of respondents have expressed concerns that the proposed development will result in a significant level of noise, dust and air pollution to the detriment of the living standards of nearby residents. Similar concerns have been raised regarding the impact of the development upon the nearby school given its proximity to the site. In terms of the first issue, the proposed new training facility will be located a considerable distance from nearby residential properties with those nearest being to the west of the site on Havard Road some 110 metres distant of its western boundary. This distance is considered sufficient to ensure that the amenity levels of neighbouring occupiers will not be adversely affected by the proposal and members should be aware that the Authority's Head of Public Protection has offered no objection to the proposal from an amenity or pollution perspective. It is worth noting that the western boundary of the site currently consists of a belt of well established trees and hedgerows which currently screen the site from the neighbouring residential properties of Havard Road to the west. These existing trees are to be retained and indeed substantially reinforced with additional tree planting as part of the proposal, thus minimising the likely impact of the development. A suitable condition requiring the retention and reinforcement of these existing boundary features will be imposed on any permission granted.

Similar to the above, although the western boundary of the site is bound by the grounds and playing fields of St John Lloyd School, the school buildings themselves are located a considerable distance from the proposal thus ensuring that current amenity levels will not be unacceptably harmed. Moreover, the existing and proposed tree planting along the western and northern boundaries of the site will provide an effective screen and barrier between the school playing fields and the new training facility, thus ensuring that the visual aspect from the school grounds is not adversely affected by the proposal. The Authority's Head of Public Protection has again offered no objection to the likely impact of the proposal upon the nearby school in terms of noise or pollution. Concerns raised regarding the previous burning of materials adjacent to the school playing fields and the nuisances associated with such an activity are not relevant in the determination of the current proposal. Such matters, should they persist, can be addressed by the Authority's Public Protection Division under separate legislation, namely the statutory nuisance provisions of the Environmental Protection Act 1990.

Concerns regarding the health and safety risks of such a facility adjacent to the school grounds can be addressed with the provision of suitable security fencing around the new facility which will supplement the existing boundary features and perimeter fencing separating the site from the school. Any permission granted will therefore be conditioned to require the submission of the precise height, design and location of security fencing proposed as part of the development.

In addition to the above, a number of respondents are of the perception that the development will adversely impact upon the biodiversity interest of the school conservation area and pond which are located to the west of the northern part of the application site. The area in question is separated from the application site by the belt of existing trees are to be retained and reinforced as part of the proposal and the new training facility will not therefore encroach onto this part of the school. Indeed, it is worth noting that the northern part of the site which is located adjacent to the school conservation area and pond is to be retained as a grassed amenity area as part of the proposal thus ensuring that the integrity and biodiversity value of this area will not be unacceptably harmed. In response to concerns raised regarding the impact upon the biodiversity interest of the site itself, members should be aware that the Authority's Biodiversity Officer and the Environment Agency have offered no objection to the proposal in this respect. The new facility is to utilise the existing hard surfaced area within the southern part of the site with the existing trees and hedgerows both within and encompassing the site being retained as part of the proposal. Moreover, the scheme incorporates a 7 metre buffer zone along the River Dafen with the existing grassed embankment being retained as part of the scheme to provide protection to habitats and wildlife that may be present. The provision of this buffer zone will also provide a safeguard against the pollution of the adjoining watercourse with both the Environment Agency and the Authority's Public Protection Division offering no concerns regarding the development in this respect.

Turning to the flood risk concerns raised in respect of the scheme, members should be aware that whilst the site is located in zone C2 as defined by the development advice maps referred to under Planning Policy Wales TAN 15 Development and Flood Risk (July 2004), the applicant has provided a limited flood risk assessment in respect of the proposal. Following detailed consideration of this assessment, the Environment Agency have confirmed that they have no objection to the proposed new facility subject to the imposition of a number of suitable conditions. In accordance with their advice, the suggested conditions will be imposed on any permission granted.

Llanelli Rural Council have indicated that the application site serves as an informal recreation area within the area and provides a buffer between built up areas. However, the southern part of the site currently consists of a hardsurfaced area which is of little amenity value and is not currently used for any form of recreation purpose. In contrast, the northern part of the site consists of an attractive grassed area which, as highlighted above, is to be retained as an amenity area as part of the scheme and a suitable condition will be imposed on the permission granted to ensure the retention of this area.

Members will have noted from the appraisal above that the application site forms part of a larger parcel of land to the west and east of the River Dafen which designated as a green wedge within the Unitary Development Plan. The general purpose of the green wedge designation in the Unitary Development Plan, as defined under Policy GDC6, is to provide protection to areas of open countryside and to prevent urban sprawl that would lead to the erosion of the open character of such areas. In this instance, however, it is clear that the site with its compacted stone surface and tarmacadam roadway does not form part of the open countryside and makes a minimal contribution to the visual amenity of the surrounding area. Thus, in view of the foregoing and the modest scale of the proposal within the context of the overall green wedge designation, the view is taken that the use of the site as a training facility will not adversely affect the open character or visual amenity of the surrounding area or indeed result in the coalescence of nearby built up areas.

Finally, concerns regarding the encroachment of the development onto neighbouring land not in the ownership of the applicant are not relevant in the determination of the application.

CONCLUSION

On balance therefore, and after careful examination of the site and its surrounding environs, together with the representations received to date, the proposal is considered to represent an acceptable form of development that accords with the Authority's Development Plan Policies. The existing plant hire depot is a well established commercial activity in the Llanelli area employing some 60 local people and the creation of the new training facility will be compatible with and indeed complement the current use of the premises while at the same time providing a valuable community facility for local people in conjunction with the local college, Coleg Sir Gar.

The proposal will form an extension of the existing plant hire depot and the general scale, design and siting of the new facility is considered to be compatible with its surroundings and will ensure there will be no unacceptable environmental or amenity impacts. The development includes a considerable degree of indigenous planting within and around the site to the benefit of the visual amenity of the area and there are no highway, public service or flooding objections to the development.

In light of the foregoing, the proposal is put forward with a favourable recommendation.

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 herby permitted shall be carried out strictly in accordance with the 1:2500 and 1:500 scale plans received on 28 July 2008 and the 1:200 scale plans and detailed drawings of the proposed office/container units received on 20 November 2008, unless amended by any following conditions.

3 The landscaping and planting of the site detailed on the 1:500 scale drawing received on 28 July 2008 shall be carried out during the first planting season following the commencement of the development and shall be maintained, including replacement as necessary to the satisfaction of the Local Planning Authority.

4 The natural colonisation and recreation area shown on the 1:500 scale plan received on 28 July 2008 shall be retained as a grassed amenity area in perpetuity and shall at no time be hardsurfaced or used for the storage of equipment or plant in association with the approved training facility.

5 The existing trees and hedgerows on the northern eastern and south western boundaries of the site shall be retained as part of the development and not felled or lopped without the prior written approval of the Local Planning Authority.

6 A buffer zone of a minimum 7 metres wide shall be kept free from development along the bank of the River Dafen watercourse running along the south eastern boundary of the site, in perpetuity.

7 Development shall not commence until details of perimeter fencing proposed as part of the scheme have been submitted to and received the written approval of the Local Planning Authority.

8 Any creation of excavations/mounds within the site must be reinstated to that of existing land profiles at the end of each working day.

9 The proposed portacabins/storage units shown on the 1:500 scale plan received on 28 July 2008 shall be constructed from heavy steel to the extent that the risk of movement by floodwater will be eliminated.

10 The training facility hereby approved shall not be used outside the hours of 08:00 and 17:00 Monday to Friday.

11 The development hereby approved shall be used for no other purpose other than for the education and training of young people in the use and driving of heavy machinery and plant (including any other purpose in Class D1 of the Schedule of 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).

REASONS

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

2-5 In the interest of visual amenities.

6 To protect the riparian habitat.

7 In the interests of health and safety.

8&9 To protect against the risks of flooding.

10 To ensure the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties

11 In the interests of visual amenity and to ensure the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties

NOTES

Further advice and guidance from the Environment Agency is contained in their letter dated 3 December 2008 appended to this planning permission.

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.

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

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outline in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town & 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 adopted Carmarthenshire Unitary Development Plan, July 2006) and material considerations do not indicate otherwise. The policies which refer are as follows:

Application No

S/19667

Application Type

Full Planning

Proposal
& Location

EXTENSION TO UNIT 5 AND INSTALLATION OF MEZZANINE FLOOR AT UNIT 5 (AND LAND ADJACENT), PARC TROSTRE RETAIL PARK, LLANELLI, CARMARTHENSHIRE

Applicant

STADIUM RETAIL INVESTMENTS (2003) LTD, C/O AGENT

Agent

RPS PLANNING & DEVELOPMENT, PARK HOUSE, GREYFRIARS ROAD, CARDIFF, CF10 3AF

Case Officer

Electoral Ward

ROBERT DAVIES

BIGYN

Date of Registration:

04 AUG 2008

CONSULTATIONS

Had of Transport - No observations.

Llanelli Town Council - Approval reluctantly recommended, but requested to consider serious concerns at the increasing adverse impact with the continued expansion of Park Trostre Retail Park is having on Llanelli town centre and which the local planning authority seems powerless to prevent.

Environment Agency - No objection in principle to the proposal, although it is acknowledged that the site falls within a zone C1 to the development advice maps (DAMs). The flood consequences assessment (FCA), prepared by consultants acting on behalf of the applicants, recognises this point and in anticipation of this fact the construction and design of the proposed retail unit incorporate suitable measures to mitigate against any future possible flood event.

Neighbours/Public - The application has been publicised both by means of a site notice and in the local press. No written representations have been received.

PLANNING HISTORY

The application site and wider retail park has been the subject of the following previous planning applications:-

S/18976 Variation of Condition No. 2 attached to

Approved 5 June 2008

S/18288 Elevational alterations to units 5 & 6 and

Approved 7 March 2008

S/15567 New fire exit doors to existing retail unit

Approved 23 March 2007

S/15566 New fire exit doors to existing retail unit

S/3121 Fascia signage

Approved 3 July 2001

S/3020 Install air conditioning equipment

Approved 3 July 2001

S/3119 New entrance feature and removal of existing

Approved 3 July 2001

S/2579 3 No. fascia signs to front elevation illuminated

Approved 9 August 2000

S/1031 Various elevation signs

Approved 3 March 1998

S/112 Shop sign

Approved 15 August 1996

D5/17027 New shop front

Approved 26 July 1995

D5/16899 Shop sign

Approved 12 May 1995

D5/15349 Freestanding design (advert)

Refused 18 March 1993

D5/13333 Elevation sign (advert)

Approved 22 November 1990

D5/12720 Various elevation signs

Approved 4 May 1990

D5/10616 8 no. class 1 non food retail units

Approved 20 February 1989

D5/9756 Access to retail park

Approved 9 April 1977

D5/8663 Industrial development

Approved 18 July 1985

D5/8662 Industrial/retail development

Approved 18 July 1985

APPRAISAL

THE SITE

The application site lies within the Parc Trostre Retail Park, itself situated approximately 1.2 km east of Llanelli Town Centre access via the B4304 Trostre Road or via the gyratory junction with the A484. The site is located to the immediate west of the existing Unit 5 and to the immediate north of existing Unit 6, representing an infill opportunity on and area which presently serves as a little used service yard area. While the site has no retail frontage onto the central car park, being flanked by both aforementioned units, to the rear the unit faces onto the outer radial service road serving the park.

The planning history to the wider Parc Trostre Retail Park shows it to have been built on a re-developed former industrial site, undertaken by the former Llanelli Borough Council circ. 1980s. Subsequently a number of planning applications have been submitted and consents granted for a variety of retail and related developments. Of particular relevance is the fact that the original planning permission granted unrestricted A1 use on the site.

THE PROPOSAL

The application seeks full planning permission to extend the present Unit 5 at Parc Trostre to provide sufficient retail floor space to accommodate a large single retailer. The unit presently provides floor space split across two floors, with the part first floor formed on a mezzanine level. A vacant and underutilised yard area to the side of the building affords the opportunity for possible expansion of the store.

The case for granting planning permission for this extension is based upon the requirements of the prospective tenant Asda who are looking to establish a 'Asda Living' store in Llanelli to complement their existing town centre superstore which primarily caters for their convenience goods (ie mainly food) offer, with a minority comparison (non-food goods) element. Due to the confined town centre location of the store, there is no potential to increase the range and choice of retail offer provided under the 'Asda Living' concept at the existing town centre store location. Hence, the search and identification of the present site as the preferred, and only feasible site for such a store has prompted this application. Catering exclusively for homeware; electronics; baby products; toys; clothing & footwear; health & beauty; together with ancillary coffee shop the applicants brief is to secure a store providing 3,362 sqm gross of floor space for the retailing of such goods.

The existing Unit 5 store extends to some 1,608 sqm of floor space across both floors with only limited scope to extend the first floor mezzanine (potentially 292 sqm additional floor space). In order to achieve the necessary additional floor space a two storey extension is proposed to the immediate west of Unit 5 providing the opportunity of extending on both ground and first floor levels. The extension would total 1,754 sqm, split in equal amounts of 877 sqm to each floor.

In light of the potentially significant impact of the development within the overall Parc Trostre Retail Park the applicants have highlighted the fact that the present owners have not previously opted to extend the present unit to its full 'permitted' mezzanine extent. Similarly, a further specific unit (Unit 8b) on the estate has also not yet opted to lawfully implemented their option of forming a first floor mezzanine. The applicants have therefore put forward a case proposing to surrender their permitted mezzanine floor extensions, to off-set the additional floor space now proposed. This is best illustrated in the attached table which shows the existing floor space, proposed floor space and permitted floors pace expansion which would otherwise not require planning permission

Unit/Use

Gross Floorspace (sqm) Existing

Gross Floorspace (sqm) Potential/Proposed

Unit 5 Ground Floor

950

  

Unit 5 Mezzanine Floor

658

-292

Proposed Extension Ground Floor

  

+877

Proposed Extension Mezzanine Floor

  

+877

Unit 8b (Potential Mezzanine)

  

-932

TOTAL

1608

530

In support of the proposal the agents (RPS Planning & Development) have submitted a planning and retail statement providing the background to the proposal, together with the necessary background to justify why planning permission should be granted. Apart from the aforementioned cumulative aggregation and subtraction of floor areas, the statement outlines the relevant policy context for considering the proposal, including reference to national assembly issued guidance, together with their interpretation as to the associated advantages from granting the development.

In terms of the potential impact of the development upon the surrounding retail centres and wider catchment area, after disaggregating the relevant addition and subtraction of floor areas, the increased gross floor area amounts to 530 sqm. It is anticipated that any potential trade diversion (based upon a modest turnover) would be from other stores within the Parc Trostre Estate, while the relatively unique situation of being the first and only Asda Living Store in South West Wales means that the increased retail offer and choice would further consolidate the trade draw of Parc Trostre against other retail centres in and around Swansea.

As to the availability or otherwise of alternative sites, none of the vacant units within Llanelli Town Centre are either of sufficient size to accommodate Asda's optimum floor space requirements (3,563 sqm), or can provide the necessary servicing facilities. Sequentially, Parc Trostre represents the preferred out of town centre site which both offers the space to accommodate the additional floor space and benefits from an unencumbered Class A1 use.

On the matter of need, the application site is within a defined District Centre where the proposed additional floor space proposed equates to less than 1% of the overall floor space at Parc Trostre. In quantitative terms, this a relatively insignificant increase, while the predicted comparison goods expenditure growth for Parc Trostre will more than accommodate the anticipated level of trading at the proposed store. The qualitative aspect of the proposal will increase the potential of link trips to the estate, with the increase retail offer provided by a Asda Living Store, negating the need for Asda to look for alternative sites of Llanelli.

The application is also accompanied by a flood consequences assessment (FCA) prepared by Waterman Quadrant (Consulting Engineers) in recognition of the fact that the site falls within a zone C1 'Areas of floodplain which are developed and served by significant infrastructure, including flood defences'. The report concludes that the site is higher than the Q100 (1 in 100 year flood) level for fluvial flooding indicated on the EA Flood Map, and similarly within the guidelines given in Technical Advice Note 15 in respect of tidal inundation.

As to the design of the extension, the scale and massing of the extension is shown to complement that of Unit 5, with external finishes to match that of other units on the park.

PLANNING POLICY

In terms of the application's development plan policy context, reference is made to the relevant Carmarthenshire Unitary Development Plan (UDP) plans and policies together with relevant national planning policy guidance provided in Planning Policy Wales (including Ministerial Interim Planning Policy Statement (MIPPS) 'Planning for Retailing and Town Centres'), supplemented by Technical Advice Note (TAN) 4 'Retailing and Town Centres'.:-

UDP Inset Map GR2 - Llanelli

The application site falls within the Parc Trostre Retail Park.

Policy GDC1 - Sustainable Development

The policy seeks to promote sustainable forms of development through resource efficiency, energy efficiency, co-location for convenience and link-trip, infrastructure capacity support, accessibility by means other than the private car. The use of previously developed land as a means to achieve economic development and environmental enhancement is also seen as a positive factor in this respect.

Policy GDC2 - Overall Development Policy

The policy supports proposals which are fit for purpose, appropriately designed for its location, will enhance the local environment, and will not give rise to valid grounds for objection on the grounds of privacy or loss of amenity.

Policy GDC11 - Access and Parking Facilities

All new development will need to be served by appropriate access and parking facilities.

Policy GDC12 - Generation of Traffic

Development proposals which would generate levels of traffic which would cause harm to the safety on the surrounding highway network or to the amenity of residents living alongside that network, will be refused.

Policy GDC30 - Development and Flood Risk Areas

The policy presumes against highly vulnerable categories of development within areas of flood risk, as defined by Technical Advice Note (TAN) 15 'Development and Flood Risk', unless it can be shown that the consequences of a flooding event in that particular location have been considered.

Policy R10 - Retail Parks

Provision exists under this policy for certain types of retail and leisure activity to be located on defined retail parks where such proposals are supported by robust retail statements justifying their provision, location and need.

Policy R14 - Building Extensions

The redevelopment, extension and/or improvement of existing retail uses is permitted under this policy where it can be demonstrated that the commercial viability and vitality of existing shopping centres would not be adversely affected.

Policy T1 - Location of New Development

New development that has the potential for significant trip generation shall only be permitted at locations that are well served by public transport and are accessible by walking and cycling.

T2 - Major Development

The design of major development shall, were appropriate, include an integrated network of safe and convenient pedestrian routes, cycle lanes, adequate provision for public transport facilities and highway drainage measures that seek to reduce environmental impacts, for example, sustainable urban drainage systems.

Planning Policy Wales (PPW) - Section 10 'Planning for Retailing and Town Centres'

National planning guidance provided in PPW, relevant sections of which were updated by a Ministerial Interim Planning Policy Statement (MIPPs) - 'Planning for Retailing and Town Centres' (November 2005), gives clear direction as to the direction retailing should take in Wales. Accessible, efficient, competitive and innovative retail provision is seen as the way forward within a strategic hierarchy of identified retail destinations which should be accessible by means of a variety of different modes of transport.

Technical Advice Note (TAN) 4 - 'Retailing and Town Centres' (November 2004)

This document supplements the general guidance provided by PPW setting the relevant criterion against which major and significant retail proposals should be considered against.

Technical Advice Note (TAN) 15 'Development and Flood Risk'

It is necessary for all proposals to develop within areas identified as being at risk of flooding to undergo a flood risk assessment in accordance with defined assessment criteria.

THIRD PARTY REPRESENTATIONS

The application has attracted no third party letters of objection, albeit that Llanelli Town Council has raised concerns as to the potential adverse impact this development could have upon the town centre, given the apparent continued expansion of the Parc Trostre Retail Park. In response to this statement, the Department would make reference to the previously mentioned Planning and Retail Statement prepared and submitted in support of the proposal by RPS, in addition to which the independent assessment of that document by the Authority's own commissioned consultants NLP.

The Development Advice Maps (DAMs) published in conjunction with TAN 15 shows the site falls within a zone C1. In such areas assessment of the acceptability and consequences of the site flooding have to be carried out and set against stated thresholds prescribed by TAN15. In respect of retail developments the accepted threshold frequency for flooding is given as 1% ie a 1 in 100 year flood event.

CONCLUSION

The application site is located within the Parc Trostre Retail Park where there is a general presumption in favour of retail development. The supporting Planning and Retail Statement places the development in the context of TAN 4 and relevant UDP retail policies R10 and R14. The Authority's own consultants' assessment concludes that, despite the difference in predicted turnover of the store, the impact upon the benchmark turnover of Llanelli Town Centre would be small and have no detrimental impact upon the vitality and viability of the town.

The sequential approach to site selection adopted by the developers is in accordance with the criteria set out in TAN4 with no practical alternative premises identified nearer to the town centre. This is based upon the trading requirements of Asda for their 'Asda Living' concept store, and the wish to provide potential customers with the minimum offer of items outside of their convenience goods stores.

The aforementioned analysis not only accords with national assembly issued guidance on the subject, but also concurs with relevant UDP policy on retailing as well as sustainability principles. There are no identified highway issues with the proposal, while the existing park benefits from established and well used public transport and other modal links to the town centre and surrounding residential areas. It is anticipated that the majority of customers to the store will be undertaking link trips to the site.

The flooding aspect of the development has been covered in great detail by the accompanying FCA, the conclusions and recommendations of which are accepted by the EA.

It is therefore recommended, subject to the applicants entering into a Section 106 Agreement with this Authority to surrender their permitted/lawful rights to insert further and new mezzanine floor space to units 5 and 8b, that conditional planning permission be granted for this development.

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:-

3 Notwithstanding the plans hereby approved, no additional first floor mezzanine floors shall be constructed/inserted into the application building without the express written approval of the local planning authority;

4 Prior to the commencement of work to construct the extension hereby granted planning permission samples and specifications of all external finishes shall be submitted to, and approved in writing by the local planning authority;

5 The proposed extension and existing Unit 5 hereby approved shall be used solely for the sale of convenience goods (non-food) with the exception of a cafeteria area, unless otherwise 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.

3 For the avoidance of doubt as to the extent of the planning permission.

5 In order to ensure that the existing building and proposed extension are used solely for their stated purpose.

NOTES

Further advice and guidance from the Environment Agency is contained in their letter of 28 August 2008 appended to this planning permission.

This planning permission is based upon the supporting information and professional recommendations contained in the: Flood Consequences Assessment (Waterman Quadrant Consulting Engineers) and Planning and Retail Statement (RPS Planning & Development) received on the 9th August 2008. This Authority does not take responsibility for the content, conclusions or recommendations contained in these documents whereby any inaccuracy which may lead to a material and significant change in the proposed development may take the development outside the scope of this planning permission and require the submission and determination of a further planning application. In such an event, the developer is advised to seek recourse with the respective consultant(s) and their professional indemnity.

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outline in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town & 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 (UDP)2006) and material considerations do not indicate otherwise. The policies which refer are as follows:

Policy GDC1 - Sustainable Development

The policy seeks to promote sustainable forms of development through resource efficiency, energy efficiency, co-location for convenience and link-trip, infrastructure capacity support, accessibility by means other than the private car. The use of previously developed land as a means to achieve economic development and environmental enhancement is also seen as a positive factor in this respect:

Application No

S/19881

Application Type

Reserved Matters

Proposal
& Location

CONSTRUCTION OF 20 NO. DWELLINGHOUSES, ACCESS ROAD AND ASSOCIATED INFRASTRUCTURE AT LAND PART OF CLUN FARM, HEOL WAUNYCLUN, TRIMSARAN, KIDWELLY, CARMARTHENSHIRE

Applicant

MR J R GRIFFITHS, C/O AGENT

Agent

OWEN BANKS PLANNING & DEVELOPMENT, 43 POTTERY STREET, LLANELLI, CARMARTHENSHIRE, SA15 1SU

Case Officer

Electoral Ward

GARY GLENISTER

TRIMSARAN

Date of Registration:

12 SEP 2008

CONSULTATIONS

Head of Transport - Has no objection to the proposed development.

Trimsaran Community Council - No observations received to date.

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

Dwr Cymru/Welsh Water - Has no adverse comments on the proposed development.

Neighbours/Public - eighteen neighbour consultation letters have been sent out, a press and two site notices have been posted with three replies have been received as a result raising the following issues:

RELEVANT PLANNING HISTORY

S/10471 Residential development of

S/00414 Residential development

S/06672 Residential development

APPRAISAL

THE SITE

The application site is a 0.8ha relatively flat parcel of overgrown former agricultural land on the western flank of Heol Waun y Clun, Trimsaran. The site is allocated for residential development in the Carmarthenshire Unitary Development Plan with an indicative number of 17 dwellings. The site has the Coed y Clun estate to the north, Clun Farm to the west (accessed via a single track lane which runs along the application site's southern boundary), a pair of semi-detached houses (20-22 Heol Waun y Clun) and a further housing allocation lie to the south beyond the Clun Farm access road and 19 Heol Waun y Clun to the east. The site has a number of trees protected by TPOs, which would need to be incorporated into any development scheme. The site had the benefit of outline planning permission in February 1997, however this lapsed, and an outline application for this site and the other proposed housing allocation to the south was turned down in August 2004 as the further parcel of land was premature to its inclusion in the UDP. An outline application was resubmitted just for the current site and permission was granted in September 2005.

THE PROPOSAL

This application seeks approval of reserved matters for 20 residential units on the site. The houses are a mixture of two and three bedroom semi detached houses, forming 10 pairs of houses with associated parking spaces and garages.

The proposal takes full account of the protected trees and ensures that no development is proposed within the drip line of the tree canopies. Existing hedgerows are also retained on all boundaries.

Access to the site is as set out in the outline permission, incorporating a translocated hedgerow to the front that allows adequate visibility. An active frontage is retained along the highway with houses orientated towards Heol Waun y Clun, serviced from the rear with parking areas at the bottom of the gardens.

A cross section confirms that the proposal is sympathetic to the topography and the finished floor levels are cut and filled into the slope to ensure the minimum disruption to the site levels.

An ecological survey was requested and submitted which shows that the site is not inhabited by protected species.

PLANNING POLICIES

In the context of the current development control policy framework the site is within the settlement development limits of Trimsaran as defined in the Carmarthenshire Unitary Development Plan (UDP) Adopted July 2006. The site is allocated under Policy H1 with an indicative number of 17.

Policy GDC2 of the UDP 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 of the surrounding environment.

Policy GDC11 seeks a satisfactory means of access, parking and where necessary turning facilities, 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 H2 of the UDP are generally supportive of small scale development within defined settlement development limits, subject to them not unacceptably affecting the character or amenity of the area; being compatible with adjacent land uses; and being in accordance with adopted policy for residential development.

National policy contained in the Ministerial Interim Planning Policy Statement 01/2006 Housing clearly states in paragraph 9.2.13 that 'Sensitive design and good landscaping are particularly important if new buildings are to be fitted successfully into small vacant sites in established residential areas.'

Paragraph 9.2.21 states that 'Sensitive filling in of small gaps, or minor extensions to such groups, may be acceptable, but much depends upon the character of the surroundings, the pattern of development in the area and the accessibility to main towns and villages.'

Policy EN5 states that it is the policy of Council that development will not be permitted where it would cause demonstrable harm to those species or their habitats protected by legislation where appropriate positive mitigation measures cannot be provided.

Policy EN13 states that development will not be permitted which would result in significant loss or fragmentation of hedgerows which are important for landscape, historical or nature conservation value.

Policy EN14 states that it is the policy of the Council to protect trees and woodlands of identifiable amenity value through the making of tree preservation orders where necessary and/or desirable and subject to the trees being of significant amenity value; under threat, from development proposals; and having no obvious sign of disease or structural faults which are of such severity as to render the tree(s) of limited life or structurally unsound. This criteria however, will not preclude trees which could be given a useful life span if appropriate tree surgery is undertaken.

THIRD PARTY REPRESENTATIONS

There is concern over access and existing congestion in the locality associated with the school, however the site is allocated for housing in the adopted UDP, therefore the merits of the site have been examined and the principle has been established. The Head of Transport has also examined the site in light of the current application and has no adverse comments, subject to the imposition of necessary conditions.

The site contains protected trees and this has been taken into account when detailed proposals were drawn up. The applicants do not propose development within the drip line of the protected trees and have proposed root protection during construction as conditioned in the outline permission.

The application proposes to translocate the hedgerow that crosses the front of the site in order to achieve the necessary visibility. The other hedgerows are proposed to remain in place. There is therefore only a small amount of hedgerow loss to allow for the access road itself. In this way, the proposal is sensitive to the natural environment of the site.

Reference is made to concerns by CCW etc over connection to the sewerage network. Whilst there is an issue affecting development in Llanelli that uses treatment works that discharge into the Burry Inlet, this is not applicable to development in Trimsaran, therefore the objection is not material.

The site does not require SEA, SIA, EIA and AA as the site is likely to have only local impacts and is not affected by the Burry Inlet issue that has necessitated in such surveys for development in Llanelli. It should also be noted that the application is for the approval of reserved matters and therefore the principle has been established.

At outline stage CCW highlighted the potential for dormice on the site and this has been echoed in this application by the Council's conservation section. The applicant was asked to survey the site to check the presence of dormice and also reptiles and badgers. The survey report reveals that the site does not support any protected species, therefore the standard note is attached in case any are revealed during the course of construction.

Surface water is not likely to be a significant issue on the site given the relatively low density of the scheme and the opportunity to use soakaways. Reference is made by one objector to an existing ditch which is not currently maintained as the site is vacant. The development of the site with associated drainage necessary would therefore formalise the surface water system and dispose of water appropriately.

There is concern over the implications of removing large quantities of material from the site in terms of damage to Heol Waun y Clun, contamination to the road, heavy plant, land surface water run off and subsidence of surrounding properties. Cross sections have been sought and submitted to establish the existing and proposed ground levels and finished floor levels. The submitted cross sections reveal that other than the access that will have to cut through the existing bank, the levels are not proposed to change significantly, with the houses stepped up taking topography into consideration. Therefore, the amount of ground moving is not likely to be as extensive as suggested by the objector.

CONCLUSION

After careful examination of the site and its surrounding environs in the context of this application, together with the representations received to date, it is considered that whilst there are local concerns, on balance the reserved matters proposed are acceptable, and in accordance with Council Policy.


RECOMMENDATION - APPROVAL

CONDITIONS

1 The development shall be commenced before whichever is the later of:-

or

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250, & 1:100 scale plans received 12 September 2008, amended 1:50 garage plans received 10 October 2008 and cross sections received 12 November 2008 and 26 November 2008 unless otherwise conditioned below.

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.

NOTES

1 The applicant/developer's attention should be drawn to the presence of protected trees on the application site, and the detailed scheme must fully take them into account and afford the necessary protection during construction and thereafter in perpetuity.

2 Where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats, etc) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulation and a copy thereof has been produced to the Local Planning Authority.

Nesting Birds

3 Please note that this permission is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

4 The applicant/developer's attention should be drawn to the attached copy of Welsh Water's response to consultation.

5 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.

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

Application No

S/20027

Application Type

Full Planning

Proposal
& Location

CHANGE OF USE TO CAR PARK AND CREATION OF A NEW ACCESS ONTO BRYNCOCH AT BRYNCOCH, LLANELLI, CARMARTHENSHIRE, SA14 8RH

Applicant

CARMARTHENSHIRE COUNTY COUNCIL, COUNTY HALL, CARMARTHEN, SA31 1JP,

Agent

MR L JAMES, AREA HOUSING MANAGER, TY ELWYN, LLANELLI, SA15 3AP

Case Officer

Electoral Ward

PAUL ROBERTS

PEMBERTON

Date of Registration:

01 OCT 2008

CONSULTATIONS

Head of Transport - No objection.

Llanelli Rural Council - No objection.

Local Member - County Councillors M B Hughes and D J Davies have not commented to date on the application.

Neighbours/Public - 7 neighbouring properties have been notified of the application with no letters of representation having been received to date.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

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 consists of an irregular shaped parcel of land located in the Bryncoch housing estate in Llanelli. The site consists of a grassed area which occupies a central location within the estate adjacent to a junction in the roadway. It has a width of approximately 18 metres and extends to a depth of 13 metres being bound to the north and east by the curtilages of adjoining residential properties. The surrounding estate is characterised by a mix of former local authority housing and bungalows.

THE PROPOSAL

Planning permission is sought for the change of use of the site to a car park together with the creation of a new vehicular access onto the Bryncoch estate road. The site is of sufficient size to provide off road parking provision for approximately 7 vehicles and is intended to serve those neighbouring residents who currently have no off road parking provision. The estate forms part of the local bus route and the reduction in the incidence of on street parking will improve the general movement of traffic through the estate to the benefit of local residents and the current level of highway safety.

The applicant has submitted information which indicates that the finished level of the parking area will reflect the existing levels of the site.

PLANNING POLICIES

The application site is located within the development limits of Llanelli as defined in the adopted Unitary Development Plan.

In respect of the application's policy context reference is drawn to Policy C1 of the adopted Unitary Development Plan which permits development proposals for new, improved or extensions to community facilities provided the site is located within or adjacent to the development limits of a recognised settlement; there is a demonstrable need for such a facility; the proposal will extend and improve the range of existing facilities/services; there are no amenity, highway, utility service or environmental objections to the proposal; and the development accords with the Plan's development control and design policies.

Policy GDC2 of the UDP requires that development proposals enhance the local environment in terms of mass, density plot ratio and scale, and should be of a suitable design appropriate to its location and utilise materials which are in keeping with the character of the surrounding area. Furthermore, the policy requires that proposals should avoid the loss of important features which contribute to the quality of the local environment and should have no unacceptable impact on the privacy and amenity of existing dwellings, buildings and other land uses and their respective occupiers.

In addition to the above, reference is also made to Policy T7 of the UDP which permits proposals for traffic management and calming measures where they reduce traffic speeds and congestion and minimize conflicts between vehicles and pedestrians, and where they improve the management and availability of car parking facilities.

Policy T3 of the Unitary Development Plan requires that proposals for new development should only be permitted if the capacity of the local highway network is sufficient to serve the development without detriment to the safety of road users and pedestrians and that proposals provide access provision which is of an appropriate standard for vehicles, cyclists and pedestrians. Similarly, Policy GDC11 of the Plan requires that all development proposals shall be served by an appropriate access.

THIRD PARTY REPRESENTATIONS

Llanelli Rural Council have confirmed that they have no objection to the proposal. As highlighted above, no further letters of representation have been received to date.

CONCLUSIONS

Whilst a number of properties in the Bryncoch estate currently have off road parking facilities in the form of front and side driveways, a significant proportion have no such provision and as a consequence many residents have no alternative other than to park their vehicles on the estate road. Indeed, this is characteristic of a number of local authority estates in Llanelli. The proposal to change the use of the application site to a car park will therefore provide a valuable parking facility within the estate with its central location ensuring it is well related to the residents it is intended to serve. The development will provide a beneficial use for what is essentially a vacant and underused parcel of land and assist in reducing the level of on street parking to the benefit of the general movement of traffic and the level of highway safety on the surrounding estate road. It is worth noting that the Head of Transport having considered the proposal has offered no objection to the parking area and proposed new access from a highway safety perspective.

Although the proposal will result in the replacement of the existing grassed area with a tarmacadam surface, the site is not currently used for any recreational purpose nor is it of any of no significant amenity value. Moreover, its modest size will ensure the new parking area will not detract from the general appearance of the surrounding estate or indeed cause any unacceptable material harm to the living standards of neighbouring occupiers.

On balance therefore, and after careful examination of the site and its surrounding environs, together with the representations received to date, the proposal is considered to represent an acceptable form of development that accords with the Authority's Development Plan Policies.

The application is therefore put forward with a favourable recommendation.


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 1:500 scale plans, received on 1 October 2008 unless amended by any following conditions.

3 There shall at no time be any growth or obstruction to visibility over 0.6 metres above the adjacent carriageway crown, over the site's entire Bryncoch Road frontage within 2.4 metres of the near edge of the highway

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 highway safety.

NOTES

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outline in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the T&CP(GDP)(W)(A)O 2004, the council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the adopted Carmarthenshire Unitary Development Plan, July 2006) and material considerations do not indicate otherwise. The policies which refer are as follows:

Application No

S/20090

Application Type

Full Planning

Proposal
& Location

ENCLOSURE OF PATIO AREA TO FORM SUN LOUNGE AT 62 REHOBOTH ROAD, FIVE ROADS, LLANELLI, CARMARTHENSHIRE, SA15 5DJ

Applicant

MR G MAZZEO, 62 REHOBOTH ROAD, FIVE ROADS, LLANELLI, CARMARTHENSHIRE, SA15 5DJ

Agent

OWEN BANKS PLANNING & DEVELOPMENT, 43 POTTERY STREET, LLANELLI, CARMARTHENSHIRE, SA15 1SU

Case Officer

Electoral Ward

GARY GLENISTER

GLYN

Date of Registration:

15 OCT 2008

CONSULTATION

Community Council - Has no objection.

Local Members - County Councillor TJ Jones has not commented to date.

Neighbours/Public - Two neighbour consultation letters have been sent out, with 2no replies having been received as a result raising the following matters:

RELEVANT PLANNING HISTORY

The following applications have been received on the application site:

S/11239 Retention of development undertaken

S/10796 Conversion of existing dormer window to

GW/04862 Loft conversion

D5/07205 Remove existing garage roof and continue

D5/3419 Garage and garden shed

APPRAISAL

THE SITE

The application site is a detached dormer bungalow facing Rehoboth Road, Five Roads. The dwelling is set within the context of individually designed self build properties. Permission has been granted previously for the raising of the roof and installation of first floor accommodation beneath dormer windows. An application was approved in 2005 for the retention of a balcony which included screen fences on either side to protect the privacy of neighbouring properties. The screens do not extend over the front edge of the roof as shown on the plans however this has been subject to investigation by Planning Enforcement with the conclusion that it was not expedient to pursue further. The case has also been previously referred to the Local Government Ombudsman who has not pursued the complaints.

THE PROPOSAL

The original submission included an extension to the balcony to allow access to a re-positioned stair case at the end of the pergola, however the applicant has now removed this element of the proposal through amended plans. The balustrade is therefore proposed to be extended the whole width of the balcony rather than allow access to the staircase.

The second element of the proposal which is the only part now being considered is to construct a flat roof over the pergola and enclose the decking to form a sun lounge.

PLANNING POLICIES

In the context of the current development control policy framework the site is within the settlement development limits of Five Roads as defined in the Carmarthenshire Unitary Development Plan (UDP) Adopted July 2006.

Policy GDC2 seeks to ensure that all new forms of development should enhance rather than detract from the existing environment making a positive contribution. Particular regard is given to a number of criteria including, the scale, form, materials, siting and layout in relation to the character of the surrounding environment and amenities of adjacent properties.

Policy GDC 16 of the UDP states that extensions should be subordinate to the original dwelling in terms of scale and design.

THIRD PARTY REPRESENTATIONS

The majority of the objections raised concern the inaccuracies in the submitted plans and the impact of the proposed stair case on privacy and amenity. However, amended plans have been received omitting the stair case and accurately showing the screen fences.

It should be noted that the Council's Enforcement Manager has investigated the alleged non compliance, inspected the works and has accepted that the balcony is within the scope of the permission. In his letter to the applicants dated 4 September 2006 he writes 'At my visit, I observed that solid balcony screens had been erected, and the side dormer windows obscurely glazed. In the circumstances, I can confirm that provided these safeguarding measures are retained, the requirements of the planning permission have been met in these respects.' In the intervening time, the opaque film has been removed from the side windows of the dormer so there is an issue for further action to ensure that it is brought back into compliance. The matter has been brought to the applicant's attention. However the obscure glazing falls outside the scope of this application so is not material to the determination of the sun lounge and removal of staircase element.

The staircase leading to the balcony has been removed from this application so the only objections material are those relating to the sun lounge and its roof structure.

The flat roof would extend beyond the approved balcony, however a balustrade is shown enclosing the balcony as approved. The extension of the balcony is not being sought and therefore its merits are not being considered under this application. The application should therefore be considered on the merits of what is being proposed and not what may or may not happen in the future. A condition stating that the flat roof shall at no time be used as a balcony is therefore considered to be inappropriate as it would be unenforceable.

The decking area is not accurately depicted as it is split level not flat, however this is proposed to be enclosed within the sun lounge so the inaccuracy does not affect the amenities of any third party.

The structural specification of the existing structure is not being considered in this application, only the design and appearance of the proposed sun lounge. The applicant will need to achieve building regulations for the proposal and the structure would therefore be examined in that context, outside the planning system. If any strengthening is necessary this is within the scope of the application provided that it is to the design shown on the elevations submitted.

CONCLUSION

After careful consideration of the site and surrounding environs in the context of the proposal it is considered that the alteration to the balcony to remove the external staircase is acceptable as it constrains the balcony to the area with the extant permission. Screens have been provided and after complaints of non compliance, the Enforcement Manager has confirmed that whilst not strictly in accordance with the approved plans, provided the screens are retained, the requirements of the planning permission have been met in this regard. The conclusion of the enforcement investigation was that it was not expedient to pursue the matter further, thereby confirming the acceptability of the screens.

The enclosure of the pergola to form a sun lounge is also considered to be acceptable as it entails the construction of a roof over the decking area and the erection of walls and windows between the existing pillars. The enclosure of the pergola to form a room is not considered likely to have a detrimental impact on either neighbour as there are fences along both side boundaries and there is not therefore likely to be any loss of amenity.

The use of the flat roof as an extended balcony is not being proposed and does not therefore form part of this application. The objector suggests a condition to prevent the potential of this happening, however it is considered that this would be unenforceable.

The proposal as amended is subordinate to the house and not likely to have a detrimental impact on visual or residential amenity and is therefore considered to be in accordance with the above policies.

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 approved 1:2500 & 1:500 received 15 October 2008 and approved amended 1:50 & 1:100 scale plans received 9 December 2008 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 & 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 (UDP) Adopted July 2006) and material considerations do not indicate otherwise. The policies which refer are as follows:

NOTES

1 Please note that this permission is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

Application No

S/20256

Application Type

Reserved Matters

Proposal
& Location

MIXED USE DEVELOPMENT COMPRISING: RACECOURSE & HARNESS RACE CIRCUIT; EVENTING & CROSS COUNTRY AREA; GRANDSTAND, PARADE RING, STABLES; EQUESTRIAN CENTRE & PADDOCKS; TRAINING ESTABLISHMENTS & ASSOCIATED PADDOCKS; CAR PARKS FOR STAFF & VISITORS; BAR & RESTAURANT/CAFES; HOTEL & RESTAURANT; PUBLIC HOUSE; HOUSING; AND ASSOCIATED INFRASTRUCTURE & LANDSCAPING - RESERVED MATTERS APPLICATION FOR THE DESIGN OF BUILDINGS ASSOCIATED WITH THE RACECOURSE DEVELOPMENT: HOSPITALITY 1, HOSPITALITY 2 AND GROUND MAINTENANCE SHED AT FFOS LAS RACECOURSE, FORMER OPENCAST MINE SITE FFOS LAS, TRIMSARAN, CARMARTHENSHIRE, SA17 4DE

Applicant

WALTERS UK LTD - MR DAVID THURSFIELD, HIRWAUN HOUSE, HIRWAUN IND ESTATE, HIRWAUN, ABERDARE, RHONDDA CYNON TAF, CF44 9UL

Agent

POWELL DOBSON ARCHITECTS, 10 J SHED, KINGS ROAD, SWANSEA, SA1 8PL, (FAO: MISS J MORGAN)

Case Officer

Electoral Ward

GARY GLENISTER

TRIMSARAN

Date of Registration:

19 NOV 2008

CONSULTATIONS

Local Member - County Councillor M Gravell has not commented to date on the application. County Councillor T Evans is a Member of Planning Committee and has not therefore made prior comment.

Trimsaran and Llangydeyrn Community Councils - No observations received to date.

Dwr Cymru/Welsh Water - Has no adverse comments, however seeks an integrated drainage strategy to show how foul water surface water and foul sewerage are dealt with.

Neighbours - 7 No. neighbour consultation letters have been sent out, a press and two site notices have been displayed, with no replies having been received to date.

RELEVANT PLANNING HISTORY

The following applications have been received on the application site.

S/19863 Variation of condition no. 2 of S/17613

approved on 21.02.08 for mixed use development

comprising racecourse and associated facilities,

equestrian centre, training establishments,

housing, hotel, bar & restaurant and associated

infrastructure and landscaping -

amendments to gatehouse design.

Variation of Condition 31 October 2008

W/19690 Discharge of Condition No. 16 and

Condition No. 17 relating to planning

permission S/11568 Pending

W/19689 Discharge of Condition No. 4 relating

to planning permission S/11568

Discharge of Condition Approved 18 August 2008

W/18133 Proposed residential development of

243 dwellings, plus conservatories,

garages, car parking, means of enclosure,

public open space and associated engineering

operations.

Reserved Matters Approved 2 June 2008

S/17613 Mixed use development comprising

racecourse and associated facilities;

equestrian centre; training establishments;

housing; hotel, bar & restaurant and associated

infrastructure land landscaping

Approval of Reserved Matters 21 February 2008

S/16914 Discharge of conditions 22 & 24 attached

to planning permission s/11568 for a mixed

use development comprising racecourse &

harness race circuit; eventing & cross country

area; grandstand, parade ring stables,

equestrian centre and paddocks; car parks

for staff and visitors; bar and restaurant/cafes;

hotel and restaurant, public house; housing

(up to 250 dwellings); and associated

infrastructure and landscaping.

Discharge of Condition 12 September 2007

S/16913 Discharge of condition 19 attached to

planning permission S/11568 for a mixed

use development.

Discharge of Condition 19 March 2008

S/16912 Discharge of conditions 8, 9, 10, 11,

12, 13 & 15 attached to planning permission

S/11568 for a mixed use development

comprising: racecourse and harness race circuit;

eventing and cross country area; grandstand,

parade ring stables, equestrian centre and

paddocks; training establishments and

associated paddocks; car parks for staff

and visitors, bar and restaurant/cafes;

hotel and restaurant, public house;

housing (up to 250 dwellings); and associated

infrastructure and landscaping.

Discharge of Condition 2 October 2008

S/16603 Mixed use development comprising

racecourse and associated facilities;

equestrian centre; training establishments;

housing; hotel, bar & restaurant and

associated infrastructure and landscaping.

Approval of Reserved Matters 1 February 2008

S/16308 Discharge of condition nos. 18, 20 & 21

of planning permission S/11568 for mixed

use development comprising racecourse

and associated facilities; equestrian centre;

training establishment; housing; hotel,

bar & restaurant and associated infrastructure

and landscaping.

Discharge of Condition 6 March 2008

S/15782 Engineering works and racetrack

construction in connection with consent ref.

GW/04492.

Approval of reserved matters 3 September 2007

S/11568 Mixed use development comprising

racecourse and harness race circuit;

eventing & cross country area; grandstand,

parade ring stables; equestrian centre and

paddocks; training establishments &

associated paddocks; car parks for staff

and visitors; bar & restaurant/café;

hotel and restaurant, public house;

housing (up to 250 dwellings); and

associated infrastructure and landscaping.

Outline planning permission 27 April 2007

S/10854 Variation of planning condition regarding

reinstatement of a bridleway

(part of site restoration) - amendment

of surface treatment.

Variation of Condition 26 September 2005

S/8711 Variation of conditions 1.12, 3.6, 3.7, 3.8,

5.1 and 5.8 on planning permission c5/128b to

allow additional time (up to 31.10.05) to

complete these elements of the restoration

and aftercare for Ffos Las Opencast Site.

Variation of Condition 14 February 2005

GW/4492 Change of use to racecourse and

associated ground modelling and engineering

Full Planning Permission 20 November 2003

C5/128B Restoration and aftercare schemes

for Ffos Las Opencast Site

Approved 30 October 2002

D5/6235 Opencast coal operations

Approved 31 March 1983

GW/ENF/01064

APPRAISAL

THE SITE

The site is part of the Ffos Las Race Course development to the north of Trimsaran and south west of Carway. The site was formerly the Ffos Las opencast coal mine. The race track has been engineered and laid to grass and the support buildings are under construction in readiness to commence horse racing activities in 2009. The site of the hospitality units and maintenance shed are within the complex of buildings and have been subject to ground preparation works. A great deal of the site has been laid to grass in preparation for the commencement of the use of the site.

THE PROPOSAL

The application seeks approval of reserved matters for the main hospitality building (hospitality 1), covered hospitality area including toilets and a bar (hospitality 2) and a maintenance shed.

Hospitality 1 measures approx 42m by 20.5m excluding stair cases and the front apron. The building is proposed to accommodate a public bar / betting concourse area on the ground floor with a restaurant and eight hospitality suites at first floor with viewing balcony. Above is a race control tower for the judges and commentators over a further two floors. The maximum height including the tower is proposed to be 18.5m, however the main part of the building has a maximum height of approx 9.3m. The main building is proposed to be white insulated panelling with a blue/grey control tower. The roof is proposed to be goosewing grey sheeting. There is a covered terraced viewing apron to the front for spectators to stand overlooking the course.

Hospitality 2 measuring approx 36.4m by 15.2m is proposed to accommodate a bar along one side and toilets and a store on the other with a covered viewing area between with open front and rear. The building is utilitarian in nature with blockwork to lower walls and goosewing grey metal profile cladding above.

The maintenance shed is a 36m by 15m utilitarian building for grounds maintenance equipment. The building has a maximum height of 6.5m to the ridge. The entire building is proposed to be slate grey profile metal sheeting.

PLANNING POLICIES

In the context of the current development control policy framework the site is outside the settlement development limits of Trimsaran as defined in the Carmarthenshire Unitary Development Plan (UDP) Adopted July 2006.

Policy GDC2 of the UDP 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 of the surrounding environment.

Policy GDC11 seeks a satisfactory means of access, parking and where necessary turning facilities, 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 TRS4 states that major tourist proposals will be considered against a set of criteria as follows. The proposal enjoys satisfactory access to both primary highway network and adequate capacity. Is closely related to one of the three identified growth areas, it can be demonstrated that the proposal would substantially benefit the local economy, there would be no harm to local environmental quality, landscape character etc and would not adversely affect neighbouring settlements by virtue of scale etc.

THIRD PARTY REPRESENTATIONS

The Head of Leisure and Sport (Footpaths) has concerns that the footpath network that crosses the site has not been extinguished and diverted around the site of the race course. Previous outline and reserved matters applications have included a note to the effect that the footpaths must be incorporated into the design or extinguished and diverted, however it is covered by other legislation. This application is specifically seeking the approval of reserved matters in respect of the three buildings highlighted above and none of them directly affect the public right of way network.

Dwr Cymru/Welsh Water seek an integrated drainage strategy for the site. A scheme has however been approved for the site under previous applications and the proposal would link into this approved scheme.

CONCLUSONS

The proposed hospitality and maintenance buildings are not likely to have an adverse impact on neighbouring properties as the proposed buildings are fully contained within the extent of the technical buildings Ffos Las Racecourse site. Therefore it is considered to be in accordance with the above policies.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development shall be commenced before whichever is the later of:-

2 The development hereby permitted shall be carried out strictly in accordance with the drawings referenced SW963/A(P)10, SW963/A(H1)01B, SW963/A(H1)02B, SW963/A(H1)03, SW963/A(H1)04, SW963/A(H2)01A, SW963/A(MS)01, SW963/A(P)09 unless conditioned otherwise below.

3 The external material colours of Hospitality 1 shall be as follows.

Walls - White,

Roof - 'Goosewing' grey,

Integrity Tower - 'Adventura' blue/grey

The other buildings shall be as shown on the approved plans.

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.

SUMMARY OF REASONS FOR APPROVAL

In accordance with Article 3 of the Town & 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 (UDP) Adopted July 2006) and material considerations do not indicate otherwise. The policies which refer are as follows:

NOTES

1 The developer is advised that 'Byways 57/15, 30/122, 36/33 and public footpaths 57/13, 57/14, 57/16, 57/17, 30/120 and 30/123 are legal constraints on the development of the site. Their existing routes should either be accommodated into the detailed layouts, or otherwise be the subject of Diversion Orders, for which separate application needs to be made.'

2 In order to minimise any noise and vibration impact during construction it is proposed that site control measures and careful selection of construction methods be employed. The necessary mitigation measures will need to be detailed within a Construction Environmental Management Plan (CEMP), the content of which is to be first agreed in writing officers of the Council's Public Protection Division.

3 Please note that this permission is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any conditions which the Council has imposed on this permission will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition).

The commencement of development without firstly meeting in full the terms of any conditions which require the submission of details prior to commencement if development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

4 The applicant / developer's attention is drawn to the attached consultation response from Dwr Cymru / Welsh Water.