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

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

COMMITTEE:	PLANNING COMMITTEE
DATE:	16 JULY 2009
REPORT OF:	HEAD OF PLANNING

INDEX - AREA SOUTH

Ref	APPLICATIONS RECOMMENDED FOR APPROVAL	Page Nos.
S/19864	Retrospective application for works already undertaken – cycle hire unit at land adjoining Millennium Coastal Park Visitor Centre, North Dock, Llanelli	4 - 10
S/20445	Outline application for three dwelling houses at land to the rear of 18 James Street, Llanelli	11 - 20
S/20881	Change of use from agricultural outbuildings to industrial workshops at land off Pembrey Road, Kidwelly	21 - 30
S/20941	Proposed three storey and single storey rear extension and attic conversion at 45 Llwynhendy Road, Llanelli	32 - 37
S/21040	Kitchen extension and new veranda extension from existing at 132 Felinfoel Road, Llanelli	38 - 43
S/21080	Front porch, entrance approach and rear single storey extension at 42 Gower View, Llanelli	44 - 48
S/21081	Variation of condition No. 5 attached to planning permission reference S/03180 dated 9 August 2001 to allow the premises to be open to the public between the hours of 11.30am to 1.30am Sunday to Thursday and 11.30am to 3.30am Friday, Saturday and Bank Holidays at 38 Murray Street, Llanelli	49 - 54

S/21100	Proposed dormer dwelling with integral garage below at plot adjacent to 7 St Illtyd Rise, Pembrey	55 - 62
S/21190	High wire adventure course with associated equipment, single storey ancillary reception cabin and forest shelter at Pembrey Country Park, Factory Road, Pembrey, Burry Port	63 - 70
S/21205	Part demolition of existing dwelling and provision of new extensions at 2 The Dingle, Ynysycwm Road, Furnace, Llanelli	71 - 78
S/21211	Proposed complete demolition of former Brynsierfel CP School and replacement with new school premises including upgrading/remodelling of site boundary details, parking provisions and new play facilities/zones for children at Ysgol Gymraeg Brynsierfel, Llwynhendy, Llanelli	79 - 89
S/21267	Installation of control kiosk and construction of retaining wall required in association with the construction of a new combined sewer overflow (CSO) at Ynys Tomenlle CSO, to the rear of 76 Iscoed Road, Hendy, Carmarthenshire	90 - 95

Application No

S/19864

Application Type	Full Planning
Proposal & Location	RETROSPECTIVE APPLICATION FOR WORKS ALREADY UNDERTAKEN - CYCLE HIRE UNIT AT LAND ADJOINING, MILLENNIUM COASTAL PARK VISITOR CENTRE, NORTH DOCK, LLANELLI, CARMARTHENSHIRE

Applicant(s)	MERLIN CYCLE TOURS
Agent	H RICHARDS
Case Officer	John Thomas
Electoral Ward	Glan Y Mor
Date of validation	08.09.2008

CONSULTATIONS

Llanelli Town Council - No objection.

Local Member - County Councillor Mr J E Jones and Cllr W J Lemon have made no prior comment in respect of this planning application.

Neighbours/Public - The application has been publicised by means of two public notices displayed in the vicinity of the application site. No written representations have been received to date.

RELEVANT PLANNING HISTORY

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

LL/3091 3 storey visitor centre for the Millennium

Coastal Park, comprising Tourist Information,

W.C.s, café and offices and retail

Full planning permission 20 February 2003

S/2884 The development of the Millennium

Coastal Park Centre to incorporate a range

of facilities including new visitor centre,

admin offices, leisure facilities,

replacement public toilets/shower block.

Extension to car park (150 spaces) coach

and bus drop off point, extension to

promenade, connection of cycleway to

new bridge, childrens play and adventure areas,

boat compound with ancillary buildings

Full planning permission 2 March 2001

S/92 Millennium Coastal Park II

Full planning permission 25 November 1996

APPRAISAL

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

THE SITE

This application site comprises of a small rectangular area of rough grass to the east of the Discovery Centre car park, located to the south of the North Dock. The site is relatively level and is formally accessed via a gated route leading from the aforementioned car park. To the immediate east of the site is the metalled pedestrian route leading south from the North Dock linking up to the Llanelli Coastal Path. A short distance to the west of the site, between the pedestrian path and car park is a large brown coloured container. Unhindered access can be gained to the site from the car park, albeit that this is gained over a short grassed embankment with no formal route.

The planning history shows a number of planning applications and consents granted for developments linked to the Millennium Coastal Park, which the application site falls within.

THE PROPOSAL

The application seeks retrospective planning permission for the siting of a single storey timber building which serves as a cycle hire shop. The building measures 5.65m(L) x 4.86M(W) with a recessed canopy area at the entrance doorway into the building. The building is of timber construction under a shallow ridged roof. The external walls are of interlocking timber board construction, stained dark green, with a single pedestrian entrance doorway and two window openings. The doors and windows are further protected by metal mesh panels and guards for additional security.

Internally, the modest floor area is simply divided into reception and bike storage areas, separated by a customer counter. The building is confirmed as being of a modular design and construction.

Access to the timber structure is gained via a gate to the southern end of the Discovery Centre car park, while sufficient curtilage area is shown within the application site for vehicles servicing the hire shop to enter, manoeuvre and leave in a forward gear. A storage container is also sited within the application site and is understood to have been sited by the County Council to replace an earlier caravan stationed by the previous operator to serve the same secure storage purpose.

PLANNING POLICY

In terms of the application’s policy context, reference is made to the following Carmarthenshire Unitary Development Plan policies, national policy guidance and technical advice:

Policy CUDP11 – Leisure Policy

The provision of a range of recreational facilities, within development plan sustainable strategies, is encouraged.

Policy GDC1 – Sustainable Development

This policy encourages environmentally sustainable developments which seeks to reduce car usage and energy consumption, utilise vacant or underutilised land; reduce pollution; and promote a healthier lifestyle.

Policy T14 – Cycling

Cycling as a recreation and means of transport is actively promoted as part of the Council’s Integrated Transport Strategy.

Policy EN17 – Coastline – Undeveloped Coastal Zone

Coastal areas, outside of defined settlement limits, are rarely considered areas appropriate for development other than where such a location is considered necessary.

Policy REC2 – New Outdoor Recreational Proposals Outside Settlements

The policy provision which permits outdoor recreational proposals beyond development limits applies where there are no appropriate alternative locations within defined settlement limits and the development would not have any adverse impact on recognised environmental, historic or ecological interests and would not give rise to amenity, highway, flooding or public service provision objections.

Planning Policy Wales

Paragraph 11.1.7

The general presumption is in favour of tourism, recreation and leisure facilities which are sensitive to the needs of users and complement the linked attraction.

Technical Advice Note (TAN) 16 – Sport and Recreation

The advice seeks to encourage healthier lifestyles by promoting physical activity which has a clear health benefit. Cycling is seen as one such activity that could benefit visitors to outdoor attractions both in the means of accessing such sites, as well as the activities enjoyed. This document outlines the aspiration of creating an All-Wales coastal path.

THIRD PARTY REPRESENTATIONS

The application has attracted no statutory or third party representations.

CONCLUSION

The proposed use is seen as a complementary attraction to the already established and well used MCP which passes almost immediately adjacent to the application site. The promotion of cycling is seen as one form of sustainable tourism which has clear health benefits for both local residents and visitors, maximising the convenience and accessibility of the MCP while also complementing the facilities and attractions centred around the Discovery Visitor Centre.

Although the building and storage container are of no particular design or aesthetic merit, they are considered to be acceptable in the context of the proposed use and temporary duration to allow the business to establish.

In light of the foregoing facts and observations on the proposal, it is recommended that planning permission be granted for this use for a temporary period.

RECOMMENDATION – APPROVAL

CONDITIONS

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

• Amended 1:500 scale block plan received on the 28th November 2008;

• 1:50 scale floor plan received on the 8th September 2008;

• 1:50 scale elevation plans received on the 8th September 2008;

• Unless otherwise approved in writing by the local planning authority.

unless amended by any following conditions.

2 The timber building and metal storage container hereby granted planning permission shall be used solely as a cycle hire shop and ancillary storage for a temporary period of three years from the date of this consent, after which time the structures shall be permanently removed from the site and use as a cycle hire shop shall cease. The land shall then be returned to grass.

3 The use hereby permitted shall not be open to customers outside of the hours of 09:00 till 18:00 hrs on the same day.

REASONS

1 In the interest of visual amenities.

2 Consent for developments of this nature are only granted for a temporary period to enable the business to establish itself and prove viability as a complementary commercial business to the leisure and recreation use of the Millennium Coast Park.

3 In order to safeguard the amenity of neighbouring properties and their uses

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 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 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.

Any signage presently or proposed to be displayed on the application building is a matter for consideration under a separate Advertisement Consent application. All signage should be bi-lingual (English & Welsh) to reflect the linguistic preferences of the administrative area.

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:

• The proposal complies with Policy CUDP11 of the adopted UDP in that it will serve to broaden the range of recreational facilities provided at the Millennium Coast Park.

• The proposal complies with Policy GDC1 of the adopted UDP in that the proposed development represents a sustainable form of recreation which will encourage healthy living and promote alternative modes of transport.

• The proposal complies with Policy T14 of the adopted UDP in that the proposed development will promote cycling as a recreation and alternative means of transport as part of the Integrated Transport Strategy.

• The proposal complies with Policy EN17 of the adopted UDP in that the proposed development represents and acceptable form of development within the Llanelli Coastal Zone.

• The proposal complies with Policy REC2 of the adopted UDP in that the proposed development represents an acceptable and appropriate form of development within the Llanelli Coastal Zone.

• The proposal complies with guidance provided in paragraph 11.1.7 of Planning Policy Wales in that the proposed development represents an acceptable and appropriate form of development within the Llanelli Coastal Zone.

• The proposal complies with Technical advice Note (TAN) 16 in that the site is suitably located adjacent to a tourism facility and major attraction where the proposed use can only serve to promote healthy and sustainable recreation to the health of participating visitors to the MCP.

Application No

S/20445

Application Type	Outline
Proposal & Location	OUTLINE APPLICATION FOR THREE DWELLING HOUSES AT LAND TO THE REAR OF 118, JAMES STREET, LLANELLI, CARMARTHENSHIRE, SA15 1EB

Applicant(s)	MS ALISON CAMBREY
Agent	SAMUEL & HARRIS - MR ADAM HARRIS
Case Officer	Robert Davies
Electoral Ward	Bigyn
Date of validation	05.01.2009

CONSULTATIONS

Head of Transport – No objection subject to conditions.

Llanelli Town Council – Recommend approval subject to neighbours being consulted.

Local Members - County Councillor D Thomas has not responded to date. County Councillor M J P Burns is a Member of the Planning Committee and has therefore made no prior comment.

Environment Agency – No objection in principle but draw attention to the ongoing issue in relation to concerns relating to the sewerage system in Llanelli.

Dwr Cymru/Welsh Water – No objection. Recommend the imposition of conditions and advisory notes on any planning permission granted.

Neighbours/Public – 9 no. neighbouring properties notified of the application and re-consulted upon amended plans received. Six letters of representation received to date raising the following concerns and objections:-

● Loss of privacy, amenity and security – overlooking;

● Increased noise, dust and general disturbance, especially during construction;

● Highway safety – already a high degree of on street parking and traffic generation, this will be exacerbated by three additional dwellings. Inadequate access – limited in width and visibility;

● Modern properties would be out of keeping with the area;

● Impact upon wildlife and natural vegetation (mature trees and hedges). A tree survey should be submitted;

● A barrier must be erected alongside the roundabout for safety before any work is carried out;

● Drainage issues.

RELEVANT PLANNING HISTORY

The following previous application has been received on the application site:

S/07111 Development of 3 no. residential

dwellings

Outline planning permission 7 July 2004

APPRAISAL

THE SITE

The application site consists of an irregular shaped parcel of land some 0.1 hectares in area, which is situated to the rear of properties on the eastern flank of James Street, Llanelli. The site lies vacant, but it was once used as a contractor’s compound many years ago. Although the site is relatively level, at present it is heavily overgrown with trees and brambles, and is fenced off due to previous instances of fly tipping.

The site lies within a predominantly residential area characterised by high density two storey terraced dwellings with rear service lane access, which is characteristic of Llanelli town centre. To the north of the site at a higher level, but well screened from the site by existing vegetation lies the A484 link road, which extends from the Swansea Road roundabout to the former Kwik Save, now Farm Foods roundabout. To the south and east of the site lie residential properties and a funeral director’s premises. Access to the site is from James Street via an existing adopted lane, which provides rear access to no’s 112 to 118 (evens) James Street.

THE PROPOSAL

The application seeks outline planning permission for three dwelling houses with all matters other than access and layout reserved for future consideration. Vehicular access to the proposed development is to be gained off the rear lane to James Street, with amended plans received making provision for a footway and turning head to the western part of the application site adjacent to the adopted lane. The layout of the proposed development consists of three detached dwellings fronting in a westerly direction facing the rear access lane, with each plot having an east facing back garden.

Despite not being considered at this stage, it is indicatively suggested that the proposed dwellings will be three or four bedroom, and two storey in scale.

PLANNING POLICY

The site lies within the defined settlements limits of the area as delineated in the Adopted Carmarthenshire Unitary Development Plan, 2006.

In respect of the application’s policy context reference is drawn to the following policies:-

Policy GDC1 of the UDP promotes environmentally sustainable proposals and encourages the utilisation of vacant, underused or previously developed land.

Policy GDC 2 of the UDP is a general policy and seeks to ensure that all forms of new development are in-keeping with the character of the immediate environs and do not have an adverse impact upon the privacy and amenity of existing properties and land.

Policy GDC11 of the UDP seeks to ensure that all development as appropriate is served by an appropriate access and appropriate vehicle parking provision.

Policy GDC14 of the UDP refers to utility services and states that new development should not have a detrimental impact on the capacity of utility services, including sewers, sewage treatment works, electricity, water, gas and telecommunications.

Policy H2 of the UDP permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan.

Policy EN1 of the UDP states that proposals which would adversely affect the integrity of a European Protected site will not be permitted.

From a nature conservation perspective reference is drawn to Policies EN5, EN6 and EN9 of the Adopted Carmarthenshire Unitary Development Plan, 2006. These policies seek to ensure that existing flora, fauna and habitats of nature conservation importance are protected and not adversely affected by a proposed development. Appropriate mitigation and compensatory measures may have to be undertaken as appropriate.

Policy T1 of the UDP states that the Council will only permit those developments, which have the potential for significant trip generation within existing urban areas or in locations which are well served by public transport and are accessible by cycling and walking.

Turning further to the matter of access, parking and traffic generation Policies T3 and T4 of the UDP 2006 seek to ensure that a proposed development does not have an adverse impact upon the local highway network and is serviced by adequate access and car parking facilities.

Policy UT1 of the UDP states that planning permission will only be granted for new development provided that the infrastructure is adequate to meet the needs of the proposed development. Where improvements and extensions to services are necessary, but are not programmed, conditions or planning obligations will where appropriate be used to secure new or improved infrastructure facilities to serve the new development.

THIRD PARTY REPRESENTATIONS

As aforementioned, six letters of representation have been received raising concerns and objection in relation to the proposed development. The reasons for objection raised are considered to be material planning considerations, and will be addressed individually as part of this appraisal.

The first issue raised relates to envisaged loss of privacy and amenity by virtue of overlooking, and security concerns. The application site is at a slightly lower level than the residential properties at James Street, whilst there is a separation distance of at least 21m between the front elevations of the proposed dwellings and the rear elevations of existing dwellings at James Street. It is considered that such a separation distance, especially within a dense urban setting is more than sufficient to avoid any direct overlooking or overbearance issues. The proposed end use, namely residential dwellings is considered fully compatible with surrounding land uses, whilst the increased natural surveillance resulting from the proposed development is likely to increase security of the rear access lane.

In terms of noise, dust and general disturbance, there is inevitably going to be an element of disturbance, however this is usually only for a short term, as it is also within the developer’s interest to complete the development as soon as practically possible. If however the development does result in unacceptable levels of noise and general disturbance then this may be classed as a Statutory Nuisance and dealt with under Public Health Legislation. As previously mentioned, the proposed end use of the site is considered fully compatible with surrounding land uses.

It appears that matters relating to highway safety are a common concern from local residents. In respect of this matter, Members of the Planning Committee are reminded that the principle of developing the site for three dwellings has previously been established by the outline planning permission granted, which has now lapsed. The Authority’s Head of Transport has raised no objection on access, car parking or highway safety grounds towards the amended scheme, which makes provision for both a footway and turning head, subject to the imposition of conditions on any planning permission granted. It is considered that adequate provision for off street car parking can be made within the curtilage of each respective plot proposed.

One objector has requested that a barrier must be erected alongside the A484 roundabout for safety reasons before any work commences. It appears that such a condition was imposed on the previous planning permission, when the Authority was the applicant and also owned the land adjacent to the roundabout. The application site has subsequently been sold on to the current applicant, who does not have control over the land adjacent to the roundabout in order to erect such a barrier system. In respect of this matter it is prudent to note that such a barrier system is not a requirement by the Authority’s Head of Transport.

The application is in outline form with all matters other than access and layout reserved for future consideration. In respect of the concern raised over modern properties being out of keeping with the area, it should be noted that matters relating to scale and appearance are not being considered at this stage. Detailed consideration to design will be given as part of any subsequent reserved matters or full planning application.

In terms of the concern raised over drainage issues, attention is drawn to the fact that both the Environment Agency and Dwr Cymru/Welsh Water have raised no objection towards the proposed development. The Environment Agency’s response is on the proviso that no connection to the public sewerage system is made before March 2010, which is when the improvements to the sewerage system by DC/WW are scheduled for completion. A condition to this effect restricting beneficial occupation until such time should be imposed on any planning permission granted.

The final issue of concern raised relates to potential loss of wildlife and natural vegetation, with the objector stating that a tree survey should be submitted for consideration. In response to this matter reference is drawn to the consultation responses received from both the Authority’s Arboriculture Officer and Planning Ecologist. The Arboriculture Officer has confirmed that there are no trees worthy of retention within the application site, however the embankment between the main road and proposed Plot C has trees that form an excellent screen. As a result of these comments, the LPA did not request a detailed tree survey as part of the application, whilst it is recommended that a suitably worded condition in terms of landscaping, including the retention of existing features is imposed on any planning permission granted.

The Authority’s Planning Ecologist requested a Bat Report which assessed the potential of trees within the site to accommodate bats. Such a report was subsequently submitted by the applicant and the Planning Ecologist agrees with its findings that there is low potential for use by bats. The Authority’s Planning Ecologist raises no objection towards the proposed development subject to the imposition of conditions on any planning permission granted.

CONCLUSION

The application site is located within the defined settlement limits of Llanelli as delineated within the Adopted Carmarthenshire Unitary Development Plan, 2006, and has previously benefitted from having outline planning permission for three dwellings. As such, there is no in-principle objection to the development proposed, and matters relating to scale, appearance and landscaping will have to be given due consideration as part of any subsequent reserved matters application.

It is considered that there are no loss of amenity issues associated with the proposed development whilst the issues of concern and objection raised have adequately been addressed as part of the above appraisal.

On balance 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 the proposal accords with the above mentioned planning policies. As such this application is put forward with a favourable recommendation.

RECOMMENDATION – APPROVAL

CONDITIONS

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

2 The permission now granted relates to the land defined by the 1:1250; 1:500 scale plan, and received on 24 June 2009.

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

a) the expiration of five years from the date of this outline planning permission;

b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

4 Development shall not commence until detailed plans of the appearance; landscaping; and scale of each building stated in the application, have been submitted, and received the written approval of the Local Planning Authority.

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

6 Details of the design, height and materials of construction of screen and forecourt walls and fences shall be submitted with the reserved matters/full application

7 Cross sections throughout the site and details of the finished floor and roof levels in relation to adjacent properties and to the centre of the adjacent carriageway shall be submitted with the reserved matters/full application

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

9 The trees within and adjoining the development area and which are to be retained should be protected for the duration of any future work following the guidelines in BS5837 (Trees in relation to construction). They should be fenced off to the outermost limit of their branches and no materials or equipment stored or dumped inside the fence.

10 The recommendations outlined in the Bat Report undertaken by Carmen Jones dated March, 2009, shall be undertaken strictly in accordance with that report unless otherwise agreed in writing by the Local Planning Authority.

11 Any access gates shall be set back a minimum distance of 5 metres from the highway boundary, and shall open inwards into the site only.

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

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

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

15 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.

16 There shall be no beneficial use or occupation of the development hereby approved until the improvements at the Northumberland Sewage Pumping Station Storm and Llanelli Sewage Treatment Works have been undertaken and completed by Dwr Cymru/Welsh Water (DC/WW) under the AMP 4 programme, scheduled for completion in March 2010, unless it can be demonstrated to the written approval of the Local Planning Authority how compensatory measures can be taken to ensure there is no additional hydraulic load on the sewerage system.

REASONS

1 The application is in outline only.

2 For the avoidance of doubt as to the extent of this permission.

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

4 In order to ensure a satisfactory layout of the site and in the interest of visual amenities.

5&6 In the interest of visual amenities.

7 In the interest of visual and residential amenity.

8 In the interest of visual amenity and landscape value.

9 To protect existing trees.

10 To ensure that the development does not adversely affect a European Protected Species and in the interest of biodiversity.

11-15 In the interest of highway safety.

16 To protect the integrity of the public sewerage system and prevention of pollution to the environment.

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 2006 (UDP)) and material considerations do not indicate otherwise. The policies which refer are as follows:

● The proposal complies with Policy GDC1 of the UDP in that the proposed development is environmentally sustainable;

● The proposal complies with Policy GDC2 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring uses;

● The proposal complies with Policy GDC11 of the UDP in that it provides adequate access and parking provision;

● The proposal complies with Policy GDC14 of the UDP in that the proposed development will not have a detrimental impact on the capacity of utility services;

● The proposal complies with Policy H2 of the UDP in that the development is within the defined settlement limits and it does conform to other policies of the plan;

● The proposal complies with Policy EN1 of the UDP in that the development does not adversely affect the integrity of an European Protected Site;

● The proposal complies with Policy EN5 of the UDP in that the development will not cause demonstrable harm to species or their habitats protected by legislation;

● The proposal complies with Policy EN6 of the UDP in that the development will not cause demonstrable harm to species or their habitats, whilst there is scope to create new habitats;

● The proposal complies with Policy EN9 of the UDP in that the development will not cause harm to a habitat or species recognised in either the UK Biodiversity Action Plan or the Carmarthenshire Local Biodiversity Action Plan;

● The proposal complies with Policy T1 of the UDP in that the site is located adjacent to an existing urban area, and is easily accessible by public transport, cycling and walking;

● The proposal complies with Policy T3 of the UDP in that the capacity of the highway network is sufficient to accommodate the development;

● The proposal complies with Policy T4 of the UDP in that adequate car parking provision is made within the application site;

● The proposal complies with Policy UT1 of the UDP in that the infrastructure is adequate to meet the needs of the development.

NOTES

Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 12 January 2009, appended to this planning permission

Further advice and guidance from the Environment Agency is contained in their letter dated the 13 January 2009, appended to this planning permission

Further advice and guidance from the Authority’s Planning Ecologist is contained in her letter dated the 13 February 2009, 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.

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

If the applicant intends to offer the proposed turning head and footway for adoption to the highway Authority under Section 38 of the Highways Act 1980, then he is advised to contact the Authority’s Highways Adoptions officer Mr Cliff Cleaton, at the earliest opportunity.

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 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 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.

Application No

S/20881

Application Type	Full Planning
Proposal & Location	CHANGE OF USE FROM AGRICULTURAL OUTBUILDINGS TO INDUSTRIAL WORKSHOPS AT LAND OFF PEMBREY ROAD, KIDWELLY, CARMARTHENSHIRE, SA17 4TF

Applicant(s)	HOLLOWAY DEVELOPMENTS LTD
Agent	OWEN BANKS PLANNING & DEVELOPMENT LTD
Case Officer	John Thomas
Electoral Ward	Kidwelly
Date of validation	03.04.2009

CONSULTATIONS

Head of Transport – Recommendation to grant conditional consent.

Head of Public Protection – No observations received to date.

Environment Agency – In light of the revised flood consequences assessment (FCA), the Agency recommends conditional planning permission be granted.

Local Member - County Councillor Mr W K Davies is a member of the Planning Committee and has therefore made no prior observations in respect of this planning application.

Kidwelly Town Council – No observations.

Neighbours/Public - The application has been publicised both by the posting of a public notice in the vicinity of the application site, together with letters of notification sent to three neighbouring properties. In response to which one letter of representation has been received expressing the following comments:

● The two buildings have been used for industrial purposes for some years;

● Hedgerow shown on the submitted plans is no longer in place.

PLANNING HISTORY

The application site has been the subject of one previous planning application:-

S/09808 Proposed Development of Office

and Industrial Units to form New

Innovation Centre.

Withdrawn 9 November 2005

APPRAISAL

THE SITE

The site is located a short distance off the old A484 (Pembrey Road) on the southern outskirts of the Town of Kidwelly. A shared private road leads to the site from the main road, flanked to the right by industrial premises presently in the throws of being redevelopment, while to the left is a small area of underutilised wasteland beyond which stand the detached residential properties “Brynymor” and “Bryn-morfa”. The area in front of the site, between it and the road is presently being used as a temporary car parking and sales area, pending the completion of the adjacent redevelopment. The now redundant Gwendraeth Valley Branch Railway Line runs along the rear boundary of the site.

The existing buildings are both of a rectangular portal frame design standing in parallel on the site running NW – SE and separated by approximately 15.0m of open un-metalled hard standing. Unit 1, located nearest to the road, is shown to measure 23.1m(L) x 13.2m(W) with a ridge height of 5.9m. Unit 2 measures 24.45m(L) x 10.85m(W) with a ridge height of 7.1m. The external finishes include light grey cladding to the walls and green profile roof to unit 1, while unit 2 has the same colour roof but with green side cladding and masonry block work plinth. Access into both buildings is gained via roller shutter doors and secondary personnel doors.

A previous planning application to develop office accommodation on the site was withdrawn by the same applicants in 2005

THE PROPOSAL

The proposal seeks planning permission to change the use of the two existing agricultural building, together with some of the immediate curtilage areas, into industrial workshops. In view of the different specifications for industrial and agricultural buildings some minor alterations are required to the buildings, albeit certain of those works have already been undertaken.

In light of the current level of outside storage of equipment on the site confirmation has been sought and obtained as to the nature and duration of such storage. The agents have confirmed that this is a temporary requirement due to the applicants having to vacate their previous base at Dinas Yard, Kidwelly. An assurance has been sought, and obtained, that there will be no outside storage of materials in connection with the proposed use of the site.

PLANNING POLICIES

In terms of the application’s policy context reference is made to the following Carmarthenshire development plan policies:-

Policy GDC1 - SUSTAINABLE DEVELOPMENT

In accordance with the principles of sustainable development this policy seeks to encourage the use of vacant, underused or previously developed land as one means by which scarce and irreplaceable resources can be conserved. Areas close to employment, community facilities, infrastructure and public transport routes are preferable to divorced sites.

Policy E1 - EMPLOYMENT LAND ALLOCATION

The local planning authority has identified areas of land as key employment sites throughout the county which should cater for the employment needs of the county over the plan period. These sites are strategically sited throughout the County in accordance with the Authority’s Strategic Sustainable Settlement Framework. Kidwelly is one such settlement where the allocation of employment land is considered appropriate and sustainable.

Policy E7 - RETENTION OF EMPLOYMENT LAND

The policy presumption is to retain key employment land listed in policy E1 as areas where employment needs to take precedence!

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

This document provides a framework within which risks arising from both river and coastal flooding and from additional run-off from development in any location can be assessed. The aim of this document is to direct new development away from those areas which are at risk of flooding. Where development has to be considered in high risk areas, only those which can be justified in accordance with guidelines should be permitted.

THIRD PARTY REPRESENTATIONS

The application has attracted no statutory objections, albeit that certain of the consultees did initially respond requesting further information. Principally the Environment Agency who requested the submission of a revised FCA in light of updated flood data, the conclusions of which allow them to recommend conditional approval.

The Head of Transport has likewise recommended conditional approval, while no observations have been received from the Kidwelly Town Council.

One third party letter of representation has been received highlighting certain imprecision’s in the submitted application. It is stated that the buildings have already been used for industrial purposes for some years. This is not disputed as it was evident to the case officer in the course of his site visit that the buildings appeared to be used for some commercial purposes other than agriculture. This is not in itself fatal to the application, as the present use of the building is what planning permission is currently being sought.

On the matter of the inaccurate reference to a boundary hedge to be retained. This is also correct, while the absence/removal of any such hedge can now be covered by condition.

CONCLUSION

The application site is shown to falls within the settlement limits of Kidwelly, whereby part of the application site is presently shown to fall within the Pembrey Road Employment Allocation (UDP Ref S3/E1). The remainder of the application site is shown as white land, albeit surrounded on three sides by land allocated as “Employment Land”. The site clearly lends itself for employment uses inclusive of B1, B2 and B8 uses, with a clear policy presumption in favour of the development in accordance with the provisions of UDP policies E1, E2 and E7. The proposed change of use will serve to consolidate and safeguard the use of what are now redundant agricultural buildings, occupying a divorced location isolated from any agricultural land. The policy presumption is to safeguard allocated “Employment Land” (policies E1 & E7), while small-scale employment uses within settlements is likewise supported (policy E2), subject to compliance with other relevant UDP policies.

As to the general policy provisions of UDP policy GDC1 the intention is to make optimum use of what are existing redundant agricultural buildings, a laudable and sustainable use of resources.

As to the flooding aspects of the case, the whole of the application site is also shown to fall within a zone C2 “areas of floodplain without significant flood defence infrastructure” as defined by the Development Advice Maps (DAMs) published by the Welsh Assembly Government (WAG), and defined by Technical Advice Note (TAN) 15 “Development and Flood Risk” also published by WAG. UDP policy GDC30 “Development and Flood Risk Areas” requires all developments in flood risk areas to be considered in accordance with set criteria. These criteria include reference to the level of “vulnerability” of the proposed use, which in this case would be a “less vulnerable development” as defined by TAN 15, as well as reference to the justification for the proposed use at this location. The aforementioned TAN requires a Flood Consequences Assessment (FCA) to be prepared in support of any proposed use within a zone C2, as well as the need for the local planning authority to consider the justification for the development at the particular location. This does allow for some flexibility for the risk of flooding to be addressed, while recognising the possible negative economic consequences if policy were to preclude investment in existing urban areas, such as the case in point.

The FCA prepared by consultants acting for the applicants has determined the pattern and extent of any prospective flooding of the site and wider area, both from fluvial and tidal inundation. In light of the FCA and the Agency’s own assessment of the proposal, it has been agreed that the development needs to be flood free in a T200 event i.e. free from tidal flooding in a 1 in a 200 year extreme event. To achieve this, a final floor level of 6.05 metres AOD has to be achieved. The existing floor level is understood to be 5.25 metres AOD necessitating an increase of 800mm in floor level. A condition to this effect is attached to the recommendation now made.

The existing use of the site for industrial purposes, in advance of the determination of the application, is a matter which is now to be determined. Where planning is sought retrospectively for development already commenced, such proposals are to be considered as if they were proposed developments, determined upon their individual merits. In this case, the use is considered appropriate given the location and surrounding uses of the site. The further matter of the absence of a boundary hedge can be dealt with by condition.

In light of the aforementioned facts and observations made by the various interested parties, it is recommended that planning permission be granted for this development.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The planning permission 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:-

● Amended 1:1250 scale location plan received 23^rd June 2009

● Amended 1:500 scale proposed site plan received 23^rd June 2009

● 1:100 scale proposed elevation plans (unit 1) received 3^rd April 2009

● 1:100 scale proposed floor plan (unit 1) received 3^rd April 2009

● 1:100 scale proposed elevation plans (unit 2) received 3^rd April 2009

● 1:100 scale proposed floor plan (unit 2) received 3^rd April 2009

● Unless otherwise amended by any of the following conditions

3 The planning permission hereby granted is in respect of the use of the application property as an industrial workshop falling within Class B2 “General Industrial” use to the Town and Country Planning (Use Classes) Order 1987 only;

4 The area surrounding the building shall not be used for general or other storage, unless otherwise approved in writing by the Local Planning Authority in consultation with the Environment Agency.

5 Notwithstanding the details shown and existing floor levels of the application buildings, the floor levels of both buildings (but not height of the buildings) shall be raised to a minimum level of 6.05 metres AOD to ensure that both buildings are flood free in a T200 event.

6 The development hereby permitted shall not be commenced until such time as a scheme to install oil interceptors has been submitted to, and approved in writing by, the local planning authority and any such approved scheme shall then be implemented prior to the first beneficial use of the site as industrial workshops.

7 The car parking spaces and layout shown on the amended block plan herewith approved shall be provided to the written approval of the Local Planning Authority prior to the first proposed use of the development herewith approved. Thereafter, they shall be retained, unobstructed in perpetuity for the parking and turning of motorised vehicles only.

8 Notwithstanding the details shown on the amended block plan received 23^rd June 2009, a new hedgebank shall be formed and planted with indigenous hedging species along the north-east perimeter of the application site within 12 months of the date of this approval, details of which shall first be submitted and approved in writing by the local planning authority.

REASONS

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

2 In the interest of visual amenities.

3 In order to secure the precise use of the site;

4 In order to ensure that the use of the site does not adversely affect the visual amenity of the area;

5 To prevent the Increased risk of flooding and ensure the building remains flood free in of an extreme flood event

6 To prevent pollution of the water environment.

7 In the interests of highway safety.

8 In the interest of visual amenity and to preserve a satisfactory standard of local environmental quality in keeping with the traditional character of the area.

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 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 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.

Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 7^th May 2009, a copy of which is attached to this planning permission.

Further advice and guidance from the Environment Agency Wales is contained in their letter dated the 18^th June 2009, a copy of which is attached 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.

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.

The planning permission hereby granted is based on the findings of the revised Flood Consequence Assessment Report prepared by Francis Sant consultants and received by this Department on the 8^th June 2009 in support of planning application S/20881 and the Agency’s requirements that the flood management procedures for the site are reviewed in light of the findings of their analysis. The consultants who prepared the FCA are fully responsible for all claims made within the FCA.

The applicant/developer should note that the application site falls within a Zone C2 to the “Development Advice Maps” which accompany Technical Advice Note (TAN) 15 “Development and Flood Risk” and is liable to tidal flooding. The occupant(s) of the premises should be aware of the potential consequences of the premises flooding and the risk to person and property.

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:

● The proposal complies with Policy GDC1 of the adopted UDP in that the proposed development represents a sustainable re-use of an otherwise vacant and underused area of land within the development limits of Carmarthen Town.

● The proposal complies with Policy E1 of the adopted UDP in that the proposed development would represent an appropriate use of redundant agricultural buildings within the settlement limits of Kidwelly.

● The proposal complies with Policy E7 in that part of the site is already allocated for employment purposes as part of a larger allocation which this proposed development will serve to further consolidate;

● The proposal complies with Technical Advice Note (TAN) 15 in that the FCA submitted demonstrates that the potential flooding of the site can be appropriately managed and mitigated by conditions.

Application No

S/20941

Application Type	Full Planning
Proposal & Location	PROPOSED THREE STOREY AND SINGLE STOREY REAR EXTENSION AND ATTIC CONVERSION AT 45 LLWYNHENDY ROAD, LLANELLI, CARMARTHENSHIRE, SA14 9HU

Applicant(s)	MR DAFYDD JENKINS
Case Officer	Paul Roberts
Electoral Ward	Bynea
Date of validation	26.06.2009

CONSULTATIONS

Llanelli Rural Council – Object to the application on the basis that:

● The scale and massing of the proposed extension appear excessive and incongruous to neighbouring dwellings; and

● The additional fenestration may have a detrimental impact on the amenity and privacy of the occupiers of no. 47 Llwynhendy Road.

Local Member – County Councillor G W Woolridge has not commented to date on the application.

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

Neighbours/Public – 3 neighbouring properties have been notified of the application with one letter of representation having been received to date in response. The letter received is from neighbouring residents who have expressed concern that the scale of the proposed extension will adversely affect the level of light currently enjoyed in their property.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

THE SITE

The application site consists of a two storey detached dwelling located off the southern flank of Llwynhendy Road in Llwynhendy. The dwelling is of modest proportions having a two storey rear projection which extends only part of the width of the main house and a number of single storey lean-to additions. It is located in a residential area being flanked on either side by detached and semi detached properties which, similar to the application property, have the benefit of long rear garden spaces.

THE PROPOSAL

Planning permission is sought for the construction of a three storey and single storey extension to the rear of the property and the conversion of the existing attic space to living accommodation. It should be noted that the extension is of a two storey appearance with accommodation in the loft space. The latter, however, does not in itself require planning permission.

The new extension will incorporate the existing two storey projection at the rear of the property projecting to the same 4.3 metre depth, with the resultant structure extending almost the full width of the main house and having a raised pitched roof form. It will provide additional living room accommodation on the ground floor and a new bedroom on the first floor, in addition to providing a further bedroom in the attic space, as highlighted above.

The single storey extension proposed will project some 6 metres from the rear of the three storey extension referred to above and will replace the existing lean-to structures at the rear of the property. Similar to the above, the extension will extend to almost the full width of the main house providing dining and kitchen accommodation and a new utility room.

Externally, the elevations of the extensions are to comprise a rendered finish to match that of the host dwelling with the roofs being clad in concrete roof tiles.

It is worth noting at this juncture that the original scheme submitted as part of the application proposed the construction of a three storey rear extension of 7.5 metres in depth in contrast to the 4.3 metre depth currently proposed. However, following concerns expressed by officers regarding the likely impact of the original proposal upon the amenity of neighbouring occupiers and appearance of the surrounding area, the scheme was amended to that described above.

PLANNING POLICIES

In respect of the application’s policy context reference is drawn to Policy GDC16 of the adopted Unitary Development Plan which permits extensions to existing dwellings provided they are subordinate and compatible to the size, type and character of the existing dwelling and would not result in over development of the site or lead to inadequate areas of parking, vehicle turning, amenity or garden space. Furthermore, proposals should not have an adverse impact upon the local environment and amenities of neighbouring properties.

Reference is also drawn to Policy GDC2 of the Plan which is general in nature and seeks to ensure that all forms of new development are appropriate in relation to the character of the surrounding environment and do not have an adverse impact upon the amenity or privacy of any adjacent land or properties.

THIRD PARTY REPRESENTATIONS

One letter of representation has been received to date from the residents of the neighbouring property to the north west of the site who have objected to the application on the basis that they feel that the length and height of the proposed extensions would result in a loss of light to their property. In addition, Llanelli Rural Council have also objected to the application highlighting that the scale and massing of the extensions appear excessive and incongruous with neighboring dwellings. They have also opined that the additional fenestration may have a detrimental impact on the amenity and privacy of the occupiers of the property to the south east of the site, no. 47 Llwynhendy Road.

Members should be aware that the above concerns were submitted in response to the original scheme submitted with the application which proposed a three storey extension of 7.5 metres in depth in contrast to the 4.3 metres extension now proposed as part of the amended scheme. The neighbouring residents and Rural Council have been notified of the amended proposal, however, to date no further observations have been received. Any further representations will be reported in the addendum to the report. The concerns expressed to date are addressed in the following appraisal.

In terms of the loss of light concerns raised, the neighbouring residents are of the opinion that the height and length of the extension proposed would prevent any light entering their property. As highlighted above, whilst the original scheme proposed a 7.5 metres three storey extension, this has since been reduced significantly to 4.3 metres to match the depth of the existing two storey projection which is sited on the common boundary shared with the respondents. The siting of the extension to the south east of the existing projection some distance from the respondents’ property will serve to ensure the proposal will cause no unacceptable impact in terms of loss of light or indeed overbearance.

Although the proposal will involve raising the height of the roof of the rear projection by approximately 1 metre, the likely impact of this in terms of loss of light will be minimal. In a similar vein, the modest proportions and hipped roof form of the single storey extension proposed to the rear the dwelling will ensure there will be no unacceptable impact upon the living standards of neighbouring occupier.

Turning to the Rural Council’s concerns, the significant reduction in the scale and massing of the proposed extension has meant that the scheme currently proposed is subordinate to the host dwelling in terms of design and appearance. Moreover, the scale of the extensions are compatible with those of nerighbouring properties and will not be incongruous with the appearance of the surrounding environs. In terms of the concerns raised regarding the additional fenestration proposed. Whilst the scheme does include a new first floor bedroom and bathroom window in the side elevation of the extension and existing house respectively which will face the neighbouring property of no. 47 Llwynhendy Road, their position relative to this property will be such that they will merely have an outlook at its side elevation which has no window openings. Similarly, the orientation of the first and second floor openings proposed in the end elevation of the three storey extension will ensure they will have no direct outlook at the private amenity spaces of neighbouring properties thus ensuring that their impact in terms of loss of privacy will be minimal.

CONCLUSION

On balance, and after careful examination of the site and its surrounding environs, together with the representations received to date, the scale and design of the proposed extensions are considered to be acceptable and in keeping with the character and appearance of the existing dwelling and the surrounding area. The extensions will be subordinate to the host dwelling in terms of their design and appearance and the property has sufficient garden space to accommodate the proposal without resulting in the overdevelopment of the site. Moreover, the general design and siting of the proposal will ensure there will be no unacceptable material harm to the living standards currently enjoyed by neighbouring occupiers.

In light of the foregoing, the view is taken that the development accords with the relevant policies of the adopted Unitary Development Plan. Members are therefore respectfully requested to resolve to grant permission for the proposal subject to no further objections being received during the consultation period of the application.

RECOMMENDATION – APPROVAL

CONDITIONS

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

2 The development hereby permitted shall be carried out strictly in accordance with the amended 1:1250; 1:500 and 1:100 scale plans, received on 26 June 2009, 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.

NOTE

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.

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.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure)(Wales)(Amended)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:

● The proposed development complies with Policy GDC16 of the UDP in that its scale and design is compatible with the character and appearance of the existing dwelling and the surrounding environs and will not adversely affect the residential amenity of neighbouring properties;

● The proposed development accords with Policy GDC2 of the UDP in that it represents a form of development which is appropriate to the character and appearance of the surrounding area and will not have an unacceptable impact upon the residential amenity of nearby properties.

Application No

S/21040

Application Type	Full Planning
Proposal & Location	KITCHEN EXTENSION AND NEW VERANDA EXTENSION FROM EXISTING AT 132 FELINFOEL ROAD, LLANELLI, CARMARTHENSHIRE, SA15 3JT

Applicant(s)	MR ANTHONY BROOKFIELD
Agent	MR GORDAN OWEN
Case Officer	John Thomas
Electoral Ward	Lliedi
Date of validation	11.05.2009

CONSULTATIONS

Local Member - County Councillor Mr D Thomas has made no prior comment while Cllr M J P Burns is a member of the Planning Committee and has likewise made no prior comment in respect of this planning application.

Llanelli Town Council – Recommendation to approve, subject to neighbours being consulted.

Neighbours/Public - This application has been publicised by means of letters of notification sent to two neighbouring properties in response to which two letters of objection have been received, one of which is countersigned by three signatories raising the following concerns:-

• The submitted plans do not illustrate the dormer windows already installed which give unrestricted views of residential properties opposite;

• Proposed balcony will be larger and enable greater use to be made of the area;

• There is potential for overlooking of rear gardens opposite;

PLANNING HISTORY

The application property has been the subject of the following previous planning applications:-

S/20491 Proposed Kitchen Extension

Full planning permission 9 February 2009

APPRAISAL

THE SITE

The application property is a substantial semi-detached 2.5 storey house fronting onto the eastern side of Felinfoel Road, Llanelli. The property is of a Victorian design and construction which is currently in the process of extensive renovation, refurbishment and extension.

Access to the front of the property is gained via a vehicular entrance onto Felinfoel Road, while to the rear of a moderately sized rear garden is a private service lane serving a number of properties along this section of the street.

The property has been the subject of one previous planning application submitted and approved earlier this year for a ground floor kitchen extension to the rear wing of the house under planning application S/20491. Works to implement that permission have already commenced.

THE PROPOSAL

The previously granted planning permission S/20491 has already been partly implemented, while the present application seeks to elaborate on that permission by keeping to the same footprint and parallel extension to the side of the original rear wing. Apart from some revision to the size and position of fenestration, the main change relates to the roof of the extension, shown to have a mono-pitch roof on the previously approved plans. What is now proposed is a revision to the roof to create a flat roof to a higher level to form a continuation of the present rear first floor gable veranda. Balustradeing would be provided along the forward edge of the veranda.

Although the property enjoys an existing veranda, affording unrestricted views to both sides and rear, this extension will extend the area along the south-west elevation. This elevation would be set back from the western boundary by some 8.5metres, while the rear boundary would be 12.5m south of the rear elevation of the house.

A further conspicuous element of the refurbishment is the installation of 2 no. dormer windows in the rear facing roof plane of the house. These were omitted from the initial plans submitted, but have now been included on the most recent amended plans.

PLANNING POLICY

In terms of the application’s policy context, reference is made to the following Carmarthenshire Unitary Development Plan (UDP) Policy:-

Policy GDC2 - OVERALL DEVELOPMENT POLICY

This policy seeks to promote good quality design in all new development which serves to ensure that development is not only fit for purpose, but appropriate in terms of size, scale, mass and design to the existing property and it’s location.

Policy GDC16 - EXTENSIONS

The policy supports proposals for extensions which are appropriate in their size, scale, design and appearance in relation to the existing dwelling without giving rise to any valid amenity or public service provision objections.

Technical Advice Note (TAN) 12 “Design”

The advice issued in respect of all design matters requires that any new development should be of a size, scale and appearance that respects and relates to its particular location and context. Reference should be made to relevant development plan policies or supplementary policy guidance in the consideration of planning applications in order to appreciate the standard of design that is likely to be permitted by a local planning authority.

THIRD PARTY REPRESENTATIONS

The application has attracted one third party letter of objection from the residents of a property located to the rear of the application site, to the opposite side of the rear service lane. The grounds of objection include loss of privacy and overlooking both to the rear habitable rooms of their house, as well as rear garden.

In considering these objections it must be acknowledged that the existing/original house had a rear first floor balcony to the gable of the rear wing, with a mirror arrangement to adjacent semi-detached house. Although the present proposal seeks to enlarge the balcony area, this would be sideways and back along the side of the rear wing. The forward most edge of the balcony would be over 30.0 metres distance from the rear elevation of the nearest objectors’ house. The standard separation distance for new build developments of a similar arrangement would be 20.0 metres. The present proposal is significantly further away than 20.0 metres.

As to the issue of overlooking, specifically of the rear garden areas. The potential for this is significantly greater for both flanking properties, which are well within this range yet they do not object. The attached property no. 134 has itself got a rear gable balcony which abuts the proposed.

Finally, in respect of the two dormer roof windows initially omitted from the submitted plans. These are now illustrated on amended plans received by the Department, while similar fenestration already exists to other roof slopes along the same street and east facing roof planes. Given their position high up-in the rear roof plane these would be recessed further than the existing rear facing upper floor windows of the house, while the previously referred to separation distance also applies to these windows.

CONCLUSION

In light of the aforementioned facts and observations received to date, having regard to the relevant development plan policies and technical advice, the proposed extension is now shown to be of an appropriate size, scale, design and material finish to the existing house. It is recommended that 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:-

• 1:1250 Scale Location Plan received 11th May 2009;

• 1:500 Scale Site Layout Plan received 11th May 2009;

• 1:100 Scale Existing Elevation Plans received 11th May 2009;

• 1:50 Scale Existing Ground Floor Plan received 11th May 2009

• 1:50 Scale Existing First Floor Plan received 11th May 2009;

• Amended 1:100 Scale Proposed Elevation Plans received 3rd July 2009;

• 1:50 Scale Proposed Ground Floor Plan received 11th May 2009

• 1:50 Scale Proposed First Floor Plan received 11th May 2009;

• Unless otherwise amended by any of the following conditions;

3 The external finishes of the extension hereby approved shall match those of the existing dwelling in colour, texture and finish.

REASONS

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

2&3 In the interest of visual amenities.

NOTE

The surface water soakaways to this development shall be constructed in accordance with B.S. 8301 1985 Section 3, and percolation tests and trial holes shall be undertaken to determine sub-soil conditions prior to soakaway installation approval.

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 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 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:

• The proposal complies with Policy GDC2 of the adopted UDP in that the proposed development is shown to be appropriate size, scale, design and use of materials without giving rise to the loss of privacy or amenity to neighbouring properties and the enjoyment of their domestic residences.

• The proposal complies with Policy GDC16 of the adopted UDP in that it is an appropriate form of development, which is in keeping with the character and appearance of the existing dwelling.

• The proposal complies with TAN 12 in that the alterations and extensions to the building are appropriate and would not detract from the special character of the application building.

Application No

S/21080

Application Type	Full Planning
Proposal & Location	FRONT PORCH, ENTRANCE APPROACH AND REAR SINGLE STOREY EXTENSION AT 42 GOWER VIEW, LLANELLI, CARMARTHENSHIRE, SA15 3SW

Applicant(s)	MS ALISON TREHARNE
Case Officer	Robert Davies
Electoral Ward	Lliedi
Date of validation	18.05.2009

CONSULTATIONS

Llanelli Town Council – Recommend approval subject to neighbours being consulted.

Local Members - County Councillor P H Lewis has not responded to date. County Councillor K D Rees is a Member of the Planning Committee and has therefore made no prior comment.

Dwr Cymru/Welsh Water – No objection. Advise that a public sewer crosses the application site.

Neighbours/Public – 4 no. neighbouring properties notified of the application. One letter of representation received raising concerns relating to loss of privacy by virtue of direct overlooking and loss of sunlight.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

THE SITE

The application site consists of a two storey, bay fronted, semi detached property located on the southern side of Gower View in Llanelli. The property itself is located at a lower level than the road at Gower View, and the rear garden slopes away downwards from the rear of the property. Residential properties along Highmead Avenue are located at a right angle to the immediate west of the application property.

THE PROPOSAL

The application seeks full planning permission to construct a front porch, entrance approach and rear single storey extension. The proposed porch is 1.5m in depth, 2.4m in width and has a maximum ridge height of 3.7m. It is proposed to reduce the number of steps and provide ornamental handrails to the front approach of the property in order to make it more accessible.

The majority of the proposed ‘L’ shaped extension is located to the side of the property and wraps around to the rear elevation. The proposal has a maximum depth of 6.5m, a maximum width of 3.3m, whilst the ridge height varies between 4.5 to 4.9m due to the sloping nature of the ground. The proposed extension projects 1.9m from the rear elevation into the rear garden space. An existing store building located on the boundary with no.44 Gower View is to be demolished as part of the proposed development, whilst a new external staircase/terrace feature is proposed to the side of the proposed rear extension, which will enable the extension to be accessed from the rear garden amenity space of the property which is at a lower level than the house itself.

The proposed external finishes to the development consist of render to the walls and rosemary tiles to the roof to match the existing dwelling.

PLANNING POLICY

In respect of the application’s policy context reference is drawn to Policy GDC16 of the Carmarthenshire Unitary Development Plan, 2006. This Policy permits extensions to existing dwellings provided it is appropriate to the character of the property and the surrounding area in terms of siting, size, design and materials; provided it does not have an adverse impact upon the amenity and privacy of any adjacent properties and allows for an adequate garden to the rear of the dwelling to be maintained.

Policy GDC2 of the Carmarthenshire Unitary Development Plan, 2006 is general in nature and seeks to ensure that the size, scale and design of all developments are in-keeping with the character of the surrounding environs whilst the development should not have an adverse effect upon the amenities of adjoining land or properties.

THIRD PARTY REPRESENTATIONS

As aforementioned, one letter of representation has been received from a neighbouring property raising concerns in relation to the proposed development. The reasons for concern raised will now be addressed individually as part of this appraisal.

The first reason for concern raised relates to loss of privacy by virtue of direct overlooking. The proposed extension does not contain any windows that will directly overlook adjacent properties or gardens. A doorway is proposed to the rear side of the extension that will exit out on to a small raised terraced area with steps leading down to the garden at a lower level. A small part of the rear garden space of the adjacent property could be overlooked from this raised terraced area, but the majority of the adjacent property’s garden will remain private due to the presence of high hedgerow along the boundary with the application site.

It should be noted that there is already a high degree of mutual overlooking of rear garden spaces in the immediate area. It is therefore considered that despite the proposed development resulting in some overlooking, the extent of which is not considered excessive and does not warrant the refusal of the planning application on these grounds.

The second and final reason for concern raised relates to loss of direct sunshine into the garden area of the adjacent property in the early afternoon. The rear element of the proposed extension only projects 1.9m into the rear garden space of the property. The proposal is only single storey in nature and is significantly offset from the boundary with the adjacent property. As such it is considered that the proposal will not adversely affect the amount of direct sunlight entering the garden area of the adjacent property. Here it is worth noting that a larger extension, projecting approximately 3.5m into the rear garden space of the property has been constructed to the rear of no.46 Gower View.

CONCLUSION

It is considered that the size, scale and design of the proposed additions and alterations to the front approach are acceptable and in-keeping with the property itself and immediate environs. The proposal is subordinate in both scale and external appearance to the existing dwelling, whilst there are already examples of rear extensions and front porches at other properties in Gower View. The proposed external finishes to the development will match that of the existing dwelling.

It is considered that there are no loss of amenity issues associated with the proposed development, whilst the reasons for concern raised have adequately been addressed as part of the above appraisal.

The application property benefits from having a sufficient rear garden amenity space, which will remain largely unaffected by the proposed development.

On balance 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 the proposal accords with the above mentioned planning policies. As such this 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; 1:500; 1:100; 1:50 scale plans, received on 18 May 2009, 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 Adopted Carmarthenshire Unitary Development Plan, 2006(UDP)) and material considerations do not indicate otherwise. The policies which refer are as follows:

● The proposal complies with Policy GDC2 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring uses;

● The proposed extension complies with Policy GDC16 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring properties.

NOTES

Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 26 May 2009, appended to this planning permission. The applicant/developer’s attention is drawn to the location of the public sewer crossing the application site.

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 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 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.

Application No

S/21081

Application Type	Variation of a Planning Condition
Proposal & Location	VARIATION OF CONDITION NO. 5 ATTACHED TO PLANNING PERMISSION REF. S/03180 DATED 09.08.01 TO ALLOW THE PREMISES TO BE OPEN TO THE PUBLIC BETWEEN THE HOURS 11.30AM TO 1.30 A.M. SUNDAY TO THURSDAY AND 11.30AM TO 3.30 A.M. FRIDAY, SATURDAY AND BANK HOLIDAYS AT 38 MURRAY STREET, LLANELLI, CARMARTHENSHIRE, SA15 1DJ

Applicant(s)	MR CAVIT CAGDAS
Agent	PETER LYNN & PARTNERS - MR LESLIE RICHARDS
Case Officer	Robert Davies
Electoral Ward	Tyisha
Date of validation

CONSULTATIONS

Head of Public Protection Social Care & Housing – Have advised that the proprietors wish to vary their planning permission to match the hours of opening granted by their Licence.

Noise and potential disturbance to the public is an issue that would have been given significant consideration during the Licence Review Meeting. In light of the granting of the Licence conditions on the 4 February 2009, the Head of Public Protection raises no objection to this planning application to vary the planning condition.

The Head of Public Protection has also stated that he is not aware of any noise complaints associated with the premise.

Llanelli Town Council – Recommend refusal on the grounds of increased noise nuisance and disturbance.

Local Members - County Councillor R T Price has not responded to date. County Councillor K P Thomas is a Member of the Planning Committee and has therefore made no prior comment.

Dyfed Powys Police (Architect Liaison and Crime Prevention Officer) – No observations received to date.

Neighbours/Public – The application was advertised by virtue of a site notice. No representations received to date.

RELEVANT PLANNING HISTORY

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

S/03180 Proposed change of use from

food store to hot food takeaway

Full planning permission 9 August 2001

D5/16356 Proposed change of use from

offices to grocery shop to ground

floor

Full planning permission 30 June 1994

D5/14282 Alterations of existing premises to

2 no. self contained flats, office,

and shop

Full planning permission 8 December 1991

D5/11449 Change of use – 2 self contained

flats

Full planning refused 05.06.89 5 June 1989

D5/10025 Conversion of stores to 6 no.

bedsits

Full planning refused 14September 1987

D5/9695 Change of use to Estate Agent’s

Office

Full planning permission Approved 5 March 1987

APPRAISAL

THE SITE

The application site consists of no.38 Murray Street in Llanelli, which is a two and a half storey, mid terrace property, the ground floor of which is used as an A3 takeaway food outlet. Murray Street is characterised by a variety of commercial uses, including a number of such takeaway food outlets. The application property is flanked on the one side by a public house, and on the other by a hair salon.

THE PROPOSAL

It appears that full planning permission to change the use of the property from a previous food store (A1 use) into hot food takeaway (A3 use) was granted by the Local Planning Authority on the 9 August 2001, under planning reference S/03180. Condition no.5 on that permission read as follows:-

“the premises shall not be open to the public between the hours of 12.00am to 11.30am Sunday to Thursday and 1.00am to 11.30am Friday and Saturday”.

The current application seeks planning permission to vary this condition to enable the premise to remain open until 1.30am Sunday to Thursday and 3.30am Friday, Saturday and Bank Holidays.

PLANNING POLICY

The application site is located within the defined town centre area of Llanelli town centre and is within an area identified as a Commercial Frontage within the Adopted Carmarthenshire Unitary Development Plan, 2006. In respect of the application’s Policy context reference is drawn to the following policy:-

Policy GDC2 of the Carmarthenshire Unitary Development Plan, 2006 is general in nature and seeks to ensure that the size, scale and design of all developments are in-keeping with the character of the surrounding environs whilst the development should not have an adverse effect upon the amenities of adjoining land or properties.

THIRD PARTY REPRESENTATIONS

As aforementioned, one letter of representation has been received from Llanelli Town Council objecting to the proposed development and recommending refusal on the grounds of increased noise nuisance and disturbance.

In relation to this matter, Members attention is drawn to the fact that the applicant wishes to vary the condition relating to hours of opening on the relevant planning permission in order to match the hours of opening granted under the Licence issued by the Authority’s Public Health Department.

The application site is located within a commercial frontage area of Llanelli town centre, and is surrounded by similar establishments wish remain open very late into the night. The Authority’s Head of Public Protection has raised no objection to the proposal to vary the planning condition, and has stated that issues relating to noise and potential disturbance to the public would have been given due consideration by the Licensing Committee before granting the revised Licence in February 2009. The Authority’s Head of Public Protection has also confirmed that to date no noise complaints associated with the premise have been received.

The Local Planning Authority has also consulted the Architect Liaison and Crime Prevention Officer of Dyfed Powys Police on this application, however no response has been received to date.

In light of this information, it is considered that the proposal to extend the hours of opening in line with the Licence issued by the Head of Public Protection is acceptable.

CONCLUSION

The application site is a well established takeaway facility located within a commercial area of Llanelli Town Centre and is surrounded by similar establishments which remain open very late into the nights, and especially so on the weekend.

It is considered that there are no loss of amenity issues associated with the proposed development whilst the issues of objection raised by Llanelli Town Council have adequately been addressed as part of the above appraisal.

On balance 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 the proposal accords with the above mentioned planning policies. As such this application is put forward with a favourable recommendation.

RECOMMENDATION – APPROVAL

CONDITIONS

1 Permission is hereby granted to vary Condition no.5 attached to planning permission reference S/03180 dated the 9 August 2001. Condition no.5 shall now read as follows:-

“the premises shall not be open to the public between the hours of 1.30am to 11.30am Sunday to Thursday and 3.30am to 11.30am Friday, Saturday and Bank Holidays ”.

REASONS

1 To protect and safeguard the general amenity of the area

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, 2006(UDP)) and material considerations do not indicate otherwise. The policies which refer are as follows:

●The proposal complies with Policy GDC2 of the UDP in that it will not cause unacceptable loss of amenity to neighbouring uses.

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 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 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.

Application No

S/21100

Application Type	Full Planning
Proposal & Location	PROPOSED DORMER DWELLING WITH INTEGRAL GARAGE BELOW AT PLOT ADJACENT TO 7 ST ILLTYD RISE, PEMBREY, CARMARTHENSHIRE, SA16 0YY

Applicant(s)	MR MICHAEL EVANS
Case Officer	Robert Davies
Electoral Ward	Pembrey
Date of validation	21.05.2009

CONSULTATIONS

Head of Transport – No objection subject to conditions.

Pembrey and Burry Port Town Council – Recommend approval.

Local Members - County Councillor H B Shepardson has not responded to date. County Councillor D M Davies is a Substitute Member of the Planning Committee and has therefore made no prior comment.

Environment Agency – No objection. Provide standard advice and guidance for developers.

Dwr Cymru/Welsh Water – No objection. Recommend the imposition of conditions and advisory notes on any planning permission granted.

Neighbours/Public – 9 no. neighbouring properties notified of the application and re-consulted upon amended plans received. One letter of representation received objecting to the second floor gable window on the side elevation overlooking the front door and the garden of the Orchard, and asking whether this can be removed from the scheme.

RELEVANT PLANNING HISTORY

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

S/17672 Variation of Condition 1 attached to

planning permission S/07887 and

S/2147 to allow an extension of time

for submission of reserved matters

for a further 3 years

Approval of variation of condition 20 December 2007

S/7887 Variation of Condition 1 attached to

planning permission S/2147 to

allow the submission of approval of

reserved matters for a further3 years

Approval of variation of condition 2 December 1999

D5/15193 Single residential unit (outline)

Outline planning permission 7 December 1992

APPRAISAL

THE SITE

The application site consists of a rectangular shaped parcel of land (29m x 24m approximately), which used to form part of the landscaped gardens of no.7 St. Illtyd Rise, Pembrey, but now lies vacant and relatively overgrown as a separate parcel of land. The site lies to the south of 7, St. Illtyd Rise, slopes in a north south direction, and is bounded to the north western and south western boundaries by natural vegetation. The application site lies at the end of a cul de sac, with the road at St.Illtyd Rise located to the immediate east of the application site. St.Illtyd Rise itself is characterised by a mixture of two storey, single storey, and dormer style detached dwellings, located in an elevated position with views across the estuary towards the Gower.

THE PROPOSAL

The application seeks full planning permission to construct a four bedroom, detached dormer style dwelling with integral garage below, orientated with its front elevation facing in a south easterly direction towards the road at St. Illtyd Rise.

The proposed dwelling is 13.1m in width, 8.2m in depth, whilst the overall ridge height varies from 6.8m to 9.4m due to the sloping nature of the land and the split level nature of the proposed development. The proposed external finishes to the development consist of facing brick to the walls, concrete tiles or slate to the roof, steel with glass infill panels to the balcony and white upvc windows and doors.

Vehicular access to the proposed development is to be gained directly off St.Illtyd Rise with provision made within the curtilage of the application site for car parking and turning areas.

The front boundaries of the application site are to be defined by 600mm high dwarf boundary walls, whilst the existing vegetation along the north western and south western boundaries of the application site are to be retained. Provision is made within the scheme for a rear garden amenity space that is 11m at its deepest.

The planning application itself has been accompanied by a detailed site level survey and cross sections taken throughout the site depicting the proposed development in relation to adjacent properties.

PLANNING POLICY

The application site is located within the defined settlement limits of Pembrey as delineated in the Adopted Carmarthenshire Unitary Development Plan, 2006 (UDP). In respect of the application’s Policy context reference is drawn to the following policies:-

Policy GDC2 of the UDP is general in nature and seeks to ensure that the size, scale and design of all developments are in-keeping with the character of the surrounding environs whilst the development should not have an adverse effect upon the amenities of adjoining land or properties.

Policy GDC11 of the UDP seeks to ensure that all development as appropriate is served by an appropriate access and appropriate vehicle parking provision.

Policy GDC14 of the UDP refers to utility services and states that new development should not have a detrimental impact on the capacity of utility services, including sewers, sewage treatment works, electricity, water, gas and telecommunications.

Policy H2 of the UDP permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan.

Turning to the matter of access, parking and traffic generation Policies T3 and T4 of the UDP seek to ensure that a proposed development does not have an adverse impact upon the local highway network and is serviced by adequate access and car parking facilities

THIRD PARTY REPRESENTATIONS

As aforementioned, one letter of representation has been received from a neighbouring property objecting to the proposed development. The reason for objection raised is considered to be a material planning consideration, and will be addressed as part of this appraisal.

The author of this letter objects to the second floor gable window included within the side elevation of the dwelling and is of the opinion that this window would overlook the front door and the garden of the Orchard. The objector goes on to ask whether this window can be removed from the scheme. The property known as the Orchard is located to the north west of the application site, beyond the high natural vegetation that forms the north western boundary of the application site, and is accessed off Heol Y Mynydd in Pembrey. Members should note that the window referred to by the objector has been removed from the proposed scheme at the Local Planning Authority’s request. There is an approximate separation distance of 21m between the closest part of the proposed dwelling and the side elevation of the property known as the Orchard, whilst as already mentioned a relatively dense row of natural vegetation forms the boundary between both. In light of these facts, it is considered that the proposed development will not adversely affect the privacy and amenity of any adjacent properties by virtue of direct overlooking.

CONCLUSION

The application site is located within the defined settlement limits of Pembrey as delineated within the Adopted UDP, whilst the principle of developing the site for residential use has previously been established by virtue of numerous outline planning permissions granted. Therefore there is no in-principle objection to developing the site for residential use.

The proposed development, as amended, is considered acceptable in size, scale and design terms. The existing detached properties along St. Illtyd Rise are of various scales and designs, with no consistent design theme apparent. There are examples of dormer style dwellings within the immediate area. The proposed external finishes are considered appropriate to the area, whilst high quality boundary treatment is proposed to prominent boundaries. The detailed cross section drawings submitted with the application indicate that the proposed dwelling will sit comfortably within the immediate streetscene.

It is considered that there are no loss of amenity issues associated with the proposed development, whilst the issues of concern and objection raised have adequately been addressed as part of the above appraisal. The proposed dwelling is not excessive in scale, whilst the proposed end use is fully compatible with surrounding land uses.

On balance 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 the proposal accords with the above mentioned planning policies. As such this 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 amended 1:200; 1:100; 1:50 scale plans, received on 18 June 2009, unless amended by any following conditions.

3 A sample/detailed specification of the external finishes to be used in the construction of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

4 Prior to the beneficial occupation of the dwelling hereby approved, all the required boundary treatment measures shall be fully constructed as shown on the amended 1:200 scale plans received on the 18 June 2009.

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

6 The proposed development shall be constructed strictly in accordance with the amended 1:200 scale finished floor level plans received on the 18^th June, 2009, and there shall be no departure from these levels without the prior written consent of the Local Planning Authority.

7 There shall at no time be any means of vehicular access to the development from Heol Y Mynydd Road (C2122).

8 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.

9 Any access gates shall be set back a minimum distance of 5 metres from the highway boundary, and shall open inwards into the site only.

10 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 St Illtyd Rise Estate Road frontage within 2.0 metres of the near edge of the carriageway.

11 The access, visibility splays and turning area required, shall be wholly provided prior to any part of the development being brought into use, and thereafter shall be retained unobstructed in perpetuity. In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles.

12 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.

13 Prior to the commencement of any part of the development herewith approved, a 1.2 metre wide footway shall be provided along the entire site frontage with the St Illtyd Rise Estate Road. This work shall be completed to the written approval of the Local Planning Authority, and to the specification of the Local Highway Authority.

REASONS

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

2 – 6 In the interest of visual amenities

7 – 13 In the interest of highway safety.

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 2006 (UDP)) and material considerations do not indicate otherwise. The policies which refer are as follows:

● The proposal complies with Policy GDC2 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring properties;

● The proposal complies with Policy GDC11 of the UDP in that it provides adequate access and parking provision;

● The proposal complies with Policy GDC14 of the UDP in that the proposed development will not have a detrimental impact on the capacity of utility services;

● The proposal complies with Policy H2 of the UDP in that the development is within the defined settlement limits and it does conform to other policies of the plan;

●The proposal complies with Policy T3 of the UDP in that the capacity of the highway network is sufficient to accommodate the development;

●The proposal complies with Policy T4 of the UDP in that adequate car parking provision is made within the application site.

NOTES

Further advice and guidance from the Environment Agency is contained in their letters dated the 28 May 2009 and 2 July 2009 appended to this planning permission.

Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 29 May 2009, appended to this planning permission.

Further advice and guidance from the Authority’s Planning Ecologist is contained in their letter dated 28 June 2009 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.

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

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 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 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.

Application No

S/21190

Application Type	Full Planning
Proposal & Location	HIGH WIRE ADVENTURE COURSE WITH ASSOCIATED EQUIPMENT, SINGLE STOREY ANCILLARY RECEPTION CABIN AND FOREST SHELTER AT PEMBREY COUNTRY PARK, FACTORY ROAD, PEMBREY, BURRY PORT, CARMARTHENSHIRE, SA16 0EJ

Applicant(s)	ADVENTURE FOREST LTD - MR STEVE SUTHERLAND
Case Officer	Robert Davies
Electoral Ward	Pembrey
Date of validation	28.05.2009

CONSULTATIONS

Head of Corporate Property - No observations received to date.

Pembrey and Burry Port Town Council – Recommend approval.

Local Members - County Councillor H B Shepardson has not responded to date. County Councillor D M Davies is a Substitute Member of the Planning Committee and has therefore made no prior comment.

Environment Agency – No objection. The EA highly recommend that the LPA consults with CCW and its own Ecologists, especially with respect to the protected species and tree survey submitted with the application.

With regards to foul drainage, the EA note that a septic tank has been proposed. As the site is located outside of the main sewered area, this would be an acceptable method of foul water disposal, provided that the applicant has undertaken a satisfactory non-mains drainage assessment (Welsh Office Circular 10/99). The applicant must also be advised that in addition to planning permission and building regulations approval, consent is required for discharges of sewage from small sewage treatment plants to inland surface watercourses and to tidal waters, plus, discharges of sewage from septic tanks and small sewage treatment plants with a volume of 2 m3/day or more to soakaway or drainage field.

Discharge Consents can take up to four months to determine and there is no guarantee that consent will be granted. The applicant is advised to contact the EA’s National Permitting Team on 08708 506 506 at the earliest opportunity to discuss the requirements and to avoid any unnecessary delays.

The EA note the following

● There must be no connection to a watercourse or land drainage system;

● No part of the system to be located within 10 metres of any ditch or watercourse;

● No siting of the septic tank within 50 metres or upslope of any well, spring or borehole used for private water supply.

Soakaways are an acceptable method of surface water drainage, should ground conditions prove suitable. Please note that this method of drainage will require the approval of your Authority’s Building Control Department. Further information on SUDS is available from www.ciria.org.uk and www.sudswales.com.

All appropriate pollution control measures must be adopted on site during the construction phase to ensure that the integrity of controlled waters (surface and groundwaters) is assured. Pollution prevention guidance is available from our website at www.environment-agency.gov.uk/ppg.

Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990.

If during the works any contaminated material is revealed (including asbestos), then the movement of such material either on or off site should be in consultation with the Environment Agency. Carriers transporting waste from the site must be registered waste carriers.

If controlled wastes are to be utilised for construction purposes, the developer must register the activity with the Environment Agency Wales. The Duty of Care Regulations apply to all movements of controlled waste.

Countryside Council for Wales – No observations received to date.

Neighbours/Public – The application was advertised by virtue of two site notices. No representations received to date.

RELEVANT PLANNING HISTORY

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

D5/2973 Demolition of derelict buildings

and site clearance

Approved 18 May 1978

D5/1644 Outline – countryside park

Approved 28 June 1976

APPRAISAL

This is an application in which Carmarthenshire County Council has an interest in terms of land ownership.

THE SITE

The application site consists of part of a recreational forest and adjacent land close to the entrance into Pembrey Country Park, to the immediate north west of the entrance road after the access barrier, and located between the existing equestrian centre and café.

THE PROPOSAL

The application by ‘Go Ape’ seeks full planning permission to site a high wire adventure course within the forest itself, with associated equipment, single storey ancillary reception cabin and forest shelter. Visitors to the proposal will utilise the existing car park located to the rear of the café building. A pathway will then lead them to the reception cabin and forest shelter located to the immediate south of the forest. The course itself within the forest will consist of a number of activities including tree ladders, tree crossings and zip wires leading to landing zones etc. A number of trees will have to be removed in order to facilitate the proposed scheme.

The planning application itself has been accompanied by the following information:-

● Location and block plans of the proposed development;

● Typical course layout photographs of other Go Ape courses;

● Cross section drawings;

● Elevation and floor plan drawings of the proposed timber constructed reception cabin and forest shelter;

● Supporting statement including a Design and Access statement;

● Protected Species and Tree Survey Report;

● Letter of support from the Authority’s Countryside Facilities Manager.

As a bit of background information, Go Ape is a multi-award winning provider of high ropes adventure courses. Its courses are designed to enable anyone over the age of 10 to experience an eco-educational adventure high up in the tree canopy. Go Ape was recently awarded the tender for the provision of a high ropes adventure course at Pembrey Country Park by Carmarthenshire County Council. The intention is to develop a course that will appeal to the broad visitor profile that currently frequents this area, and which will be the second Go Ape course is Wales. There is already a course in Margam, whilst Go Ape has numerous courses in England including ones located within National Parks.

PLANNING POLICY

The application site is located outside the defined settlement limits of Pembrey as delineated within the Adopted Carmarthenshire Unitary Development Plan, 2006, and is partly within a Special Landscape Area. The following planning policies are relevant:-

Policy GDC2 of the UDP is general in nature and seeks to ensure that the size, scale and design of all developments are in-keeping with the character of the surrounding environs whilst the development should not have an adverse effect upon the amenities of adjoining land or properties.

Policy GDC3 of the UDP provides a general presumption against new development in the open countryside unless the proposal is appropriate to the character of the rural area, and which cannot be provided in a nearby settlement.

Policy GDC11 of the UDP seeks to ensure that all development as appropriate is served by an appropriate access and appropriate vehicle parking provision.

From a nature conservation perspective reference is drawn to Policies EN5, EN6 and EN9 of the Adopted Carmarthenshire Unitary Development Plan, 2006. These policies seek to ensure that existing flora, fauna and habitats of nature conservation importance are protected and not adversely affected by a proposed development. Appropriate mitigation and compensatory measures may have to be undertaken as appropriate.

Policy EN16 looks to give priority to the conservation and enhancement of those parts of the County designated as Special Landscape Areas, resisting new developments that would result in demonstrable harm to their character and appearance.

Policy TRS3 of the UDP permits small scale tourist facilities outside defined settlement limits provided that a countryside location is essential and that the proposal is highly dependent on the attributes of the site; provided their scale is appropriate to, and compatible with the surrounding area; and provided that there is no adverse environmental or ecological impact.

Policy REC2 of the UDP permits proposals for new outdoor recreational facilities outside the development limits of defined settlements provided that a countryside location is essential, and provided that there will be no adverse environmental or ecological impact.

Turning further to the matter of access, parking and traffic generation Policies T3 and T4 of the UDP seek to ensure that a proposed development does not have an adverse impact upon the local highway network and is serviced by adequate access and car parking facilities.

Policy UT9 of the UDP states that the use of private drainage systems will only be permitted where it is not feasible to connect to the public sewerage system; the development is not within a settlement that has mains drainage; and provided that there is no adverse impact on the environment, amenity or public health.

THIRD PARTY REPRESENTATIONS

As Members will have already noted, no letters of representation or objection have been received in respect of the current application. The application is put in front of the Planning Committee for consideration due to the interest that Carmarthenshire County Council has in terms of being landowner.

CONCLUSION

The application site forms part of Pembrey Country Park, which is one of the most visited tourist attractions in South Wales, and prides itself on being a venue for passive recreational pursuits. One of the key objectives of the County Council is to help improve the lifestyle of its residents through the provision of healthy and active facilities within the County. It is considered that the proposed development would contribute towards such an aim, whilst also improving the facilities currently available at this important tourist attraction within the County. Such a countryside location is essential for the proposed development with the proposal being reliant upon the forest’s attributes.

It is considered that the proposed aerial adventure course would have a very low environmental impact, and would in fact enhance the management and preservation of a currently unused area of woodland. The area of woodland concerned will still be available for use by walkers etc.

The structure of the course is considered non-invasive with the reception cabin, forest shelter and training area not being out of keeping with the surrounding area. Sufficient car parking is available at the car park to the rear of the café, whilst visitors to the proposed attraction will be prevented from parking on the grassed area in front of the course with the erection of small wooden bollards. Ample car parking is provided throughout Pembrey Country Park.

The Authority’s Planning Ecologist has raised no objection towards the proposed development provide that the recommendations outlined in the Ecological Survey Report submitted are undertaken. The Planning Ecologist has not undertaken a Test of Likely Significant Effect under the Habitats Regulations as it is considered that the proposal will not impact on the SAC habitat or species features.

The applicant proposes the use of a septic tank to serve the reception cabin. The application site is not located within a publically sewered area, whilst it is not feasible to connect to such a system. As such the Environment Agency have not raised any objection towards the proposal, whilst the Local Planning Authority considers that such a proposal accords with Policy UT9 of the UDP.

It is considered that there are no loss of amenity issues associated with the proposed development whilst no letters of concern or objection have been received.

On balance 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 the proposal accords with the above mentioned planning policies. As such this 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 1:500; 1:50; detailed cross sections and photographs, received on 28 May 2009 and the amended 1:50 scale plans received on the 11 June 2009, unless amended by any following conditions.

3 The recommendations outlined in the Protected Species and Tree Survey Report undertaken by Wildwood Ecology dated the 4 May 2009, and received by the Local Planning Authority on the 28 May 2009, shall be undertaken strictly in accordance with that report, unless agreed in writing by the Local Planning Authority.

4 No development shall commence until the wooden posts adjacent to the access roadway have been constructed and sited strictly in accordance with the 1:500 scale block plan received on the 28 May 2009.

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 To provide compensatory measures for loss of potential roosting habitat for a protected and BAP species/ to preserve the biodiversity and natural heritage of the plan area/ to ensure that development does not adversely affect wildlife habitats and to provide compensatory measures for loss of potential nesting habitat for a protected and BAP species/ to preserve the biodiversity and natural heritage of the plan area/ to ensure that development does not adversely affect wildlife habitats.

4 In the interest of visual amenities and highway safety.

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 2006 (UDP)) and material considerations do not indicate otherwise. The policies which refer are as follows:

● The proposal complies with Policy GDC2 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring properties;

●The proposal complies with Policy GDC3 of the UDP in that the proposal is appropriate to the character of this rural area whilst such an use could not be accommodated within the nearby settlement;

● The proposal complies with Policy GDC11 of the UDP in that it provides adequate access and parking provision;

● The proposal complies with Policy EN5 of the UDP in that the development will not cause demonstrable harm to species or their habitats protected by legislation;

● The proposal complies with Policy EN6 of the UDP in that the development will not cause demonstrable harm to species or their habitats, whilst there is scope to create new habitats;

●The proposal complies with Policy EN9 of the UDP in that the development will not cause harm to a habitat or species recognised in either the UK Biodiversity Action Plan or the Carmarthenshire Local Biodiversity Action Plan;

●The proposal complies with Policy EN16 of the UDP in that it represents an acceptable form of development which will not adversely affect the character and appearance of the Special Landscape Area;

●The proposal complies with Policy TRS3 of the UDP in that the locations attributes are essential for the development whilst there are no adverse environmental or ecological impacts;

●The proposal complies with Policy REC2 of the UDP in that a countryside location is essential for the development whilst there are no adverse environmental or ecological impacts;

●The proposal complies with Policy T3 of the UDP in that the capacity of the highway network is sufficient to accommodate the development;

●The proposal complies with Policy T4 of the UDP in that adequate car parking provision is made within the application site;

●The proposal complies with Policy UT9 of the UDP in that the proposed development is not located within a sewered area and it is not feasible to connect to the public sewerage system.

NOTES

Further advice and guidance from the Environment Agency is contained in their letter dated the 16 June 2009, appended to this planning permission.

Further advice and guidance from the Authority’s Planning Ecologist is contained in her letter dated the 29 June 2009, appended to this planning permission.

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 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 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.

Application No

S/21205

Application Type	Full Planning
Proposal & Location	PART DEMOLITION OF EXISTING DWELLING AND PROVISION OF NEW EXTENSIONS AT 2, THE DINGLE, YNYSYCWM ROAD, FURNACE, LLANELLI, CARMARTHENSHIRE, SA15 4HA

Applicant(s)	MR ANTHONY JONES
Agent	PENGRAF
Case Officer	Robert Davies
Electoral Ward	Hengoed
Date of validation	02.06.2009

CONSULTATIONS

Llanelli Rural Council – No objection provided the scale and massing of the proposed extensions are subordinate to the main dwelling.

Local Members - County Councillor S M Caiach is a substitute member of the Planning Committee and has therefore made no prior comment.

County Councillor M L Davies supports the application. The applicant has considerably modified his original plans, which were to totally demolish the existing dwelling and replace with a new build. He has taken the Local Planning Authority’s advice on the matter, and endeavoured to seek a compromise solution which will not compromise his neighbour’s privacy or comfort too much.

The extension is for a lounge and extra bedroom. The present lounge is flat roofed and therefore unsuitable, whilst the applicant does have need for an extra bedroom.

County Councillor Davies would like to attend the Planning Committee meeting to support the applicant’s proposals.

Dyfed Archaeological Trust – No objection from a historic environment perspective. The application is clearly an improvement on the previous application in terms of any impact on the setting of the scheduled ancient monument.

Neighbours/Public – 2 no. neighbouring properties notified of the application. One letter of representation has been received objecting to the proposed development and re-iterating the objections made to the previous planning application for a replacement dwelling. The issues of objection are as follows:-

● Adverse impact upon the setting of Raby’s Furnace, a Grade II* Listed Building and Scheduled Ancient Monument;

● Loss of privacy and amenity to no.1 The Dingle by virtue of increased vehicular movements along the shared driveway;

● Highway safety on to the B4309.

● Contrary to UDP Policies;

● Damage to property and subsidence;

● Sewerage capacity;

● Proposed extension is outside the building line and the total area is in excess of the original dwelling;

● Tudor Cottage is a charming property. The proposed development detracts from its setting and character. A development to the rear would be a more attractive proposition.

RELEVANT PLANNING HISTORY

The following previous application has been received on the application site:

S/20585 Demolition of substandard cottage

and erecting new dwelling

Refused 16 April 2009

APPRAISAL

THE SITE

The application site consists of no.1 The Dingle, formerly known as “Tudor Cottage”, and its domestic curtilage in Furnace, Llanelli. The property itself is a two storey cottage style property fronting in a westerly direction, set within a large, heavily wooded and aesthetically pleasing curtilage. There are a number of trees protected by Tree Preservation Orders within or immediately adjacent to the application site. The application site is located at a lower level and to the immediate east of the B4309 Llanelli to Carmarthen Road. The Stradey Park hotel is located at a higher level to the immediate east of the application site, whilst a cottage known as no1. The Dingle is located to the immediate south of the application property and is orientated in the same direction as it. The dwelling itself is accessed via a driveway which it shares with no.1 The Dingle which exists on to the B4309 via the same access as Stradey Park Hotel.

A Scheduled Ancient Monument and Grade II* Listed Building in the form of “Raby’s Furnace” adjoins the northern boundary of the application site. CADW have described this Scheduled Ancient Monument and Listed Building as a “fine survival of a blast furnace of C.1800 in virtually intact form”.

THE PROPOSAL

The application seeks full planning permission to demolish part of the existing dwelling and construct new extensions to it. The areas of the existing dwelling to be demolished include two single storey lean to style projections to the rear of the dwelling, an existing front porch, and a flat roof single storey projection located to the northern side of the dwelling which projects in front of the main building line of the dwelling itself.

In their place it is proposed to construct a two storey, ‘L’ shaped extension to the northern side of the dwelling that will provide a living room, garden room and cloakroom at ground floor with two bedrooms and a bathroom at first floor, and another extension to the southern side of the property which has a single storey appearance however provides a dressing room and en suite in the roof space above a garage at ground floor. In comparison to the accommodation provided within the existing dwelling therefore, the applicant is proposing an additional garden room and garage at ground floor, and additional bedroom, dressing room and en suite at first floor.

The proposed two storey ‘L’ shaped extension has a maximum depth of 10m, a maximum width of 7.5m and is 6.5m to ridge height. The proposed extension to the southern side of the dwelling is 4.2m in width, 3.8m in depth and has a maximum ridge height of 5.7m. The proposed external finishes consist of render to the walls and slate to the roof.

Members of the Planning Committee will recall recently refusing full planning permission for the demolition of the existing cottage and its replacement with a new larger dwelling at a right angle to the existing on the 16^th April, 2009, under planning reference S/20585. The current proposal seeks planning permission to renovate and extend the existing dwelling instead of completely demolishing it.

PLANNING POLICY

In respect of the application’s policy context reference is drawn to Policy GDC16 of the Carmarthenshire Unitary Development Plan, 2006. This Policy permits extensions to existing dwellings provided it is appropriate to the character of the property and the surrounding area in terms of siting, size, design and materials; provided it does not have an adverse impact upon the amenity and privacy of any adjacent properties and allows for an adequate garden to the rear of the dwelling to be maintained.

Policy GDC2 of the Carmarthenshire Unitary Development Plan, 2006 is general in nature and seeks to ensure that the size, scale and design of all developments are in-keeping with the character of the surrounding environs whilst the development should not have an adverse effect upon the amenities of adjoining land or properties.

Policy GDC11 of the UDP seeks to ensure that all development as appropriate is served by an appropriate access and appropriate vehicle parking provision.

Policy GDC14 of the UDP refers to utility services and states that new development should not have a detrimental impact on the capacity of utility services, including sewers, sewage treatment works, electricity, water, gas and telecommunications.

Policy T3 of the UDP indicates that development will be permitted provided that the capacity of the local highway network is sufficient to serve the development without detriment to the safety of road users and pedestrians.

Policy T4 of the UDP seeks to ensure that new developments are served by adequate car parking provision.

Policy BE1 of the UDP states that development or works which would adversely affect the preservation, archaeological potential, amenity, historic value or the setting of sites of a Scheduled Ancient Monument or archaeological remains considered of national importance will not be permitted.

Policy BE8 of the UDP states that development proposals which would adversely affect the setting of a listed building will not be permitted.

Advice contained in Planning Policy Wales TAN 12 ‘Design’, states that the “visual appearance of proposed development, its scale and its relationship to its surroundings are material considerations in determining planning applications”. It also states that “planning permission should be rejected on grounds of poor design” (4.5).

THIRD PARTY REPRESENTATIONS

As aforementioned, one letter of representation has been received from a neighbouring property objecting to the proposed development on a number of grounds. The material reasons for objection raised will now be addressed individually as part of this appraisal.

The issues raised in terms of potential damage and subsidence to the adjacent property is not material planning considerations and therefore will not be addressed in this appraisal.

One of the main reasons for refusing the previous application for a replacement dwelling was because of its impact upon the setting of a Scheduled Ancient Monument and Grade II* Listed Building. In that case the proposed dwelling was located at a right angle to the existing dwelling and in fact turned its back upon the historical landmark. The current proposal to extend the existing dwelling respects the setting of Raby’s Furnace, with the nearest part of the extension located approximately 31m away from the southern most part of the Furnace itself. Here attention is drawn to the fact that Dyfed Archaeological Trust have commented saying that the current application is clearly an improvement on the previous application in terms of any impact on the setting of the scheduled ancient monument.

The objector is of the opinion that the size, scale and design of the proposed extensions are excessive and detract from the character and setting of this charming property. Here the objector suggests that a rear extension would be a more attractive proposition. In terms of scale, the proposed additions are considered subordinate in scale and external appearance to the existing dwelling, especially when considering the amount of demolition works associated with the proposed scheme. The proposed two storey ‘L’ shaped extension does project in front of the front building line of the main dwelling, but so does the existing single storey projection currently in existence at the property. The option to extend towards the rear of the building is restricted as the land rises quite steeply upwards towards the Stradey Park Hotel. The design of the proposed extensions serve to emphasise the primacy of the original dwelling.

In terms of highway safety issues raised, Members attention is drawn to the fact that the Authority’s Head of Transport raised no objection towards the previous application for a large replacement dwelling. The current application only proposes an extension to the existing dwelling and as such it is considered that the proposal is acceptable from a highway safety perspective.

The owner of no.1 The Dingle has also objected to the proposed development on the grounds that the proposal will adversely affect the amenity and privacy of that property, as a result of the comings and goings during construction work, and associated with the end use as a larger dwelling. In respect of this, it must be remembered that there is a dwelling currently in existence at the application site, and the proposal only seeks permission to extend the existing, and therefore the comings and goings associated with a domestic dwelling already occur. The end use proposed therefore is considered fully compatible with the existing use and the surrounding area. Unfortunately, there is inevitably disturbance caused during construction work however this is usually only on a short term basis, as it is also within the applicant’s interest to complete the development as soon as practically possible.

The final issue raised relates to sewerage capacity. In respect of this, Members attention is drawn to the fact that Dwr Cymru/Welsh Water did not raise any objections towards the previously proposed four bedroom replacement dwelling, and therefore it is considered that there are no sewerage capacity issues.

CONCLUSION

It is considered that the size, scale and design of the proposed extensions are acceptable and in-keeping with the property itself and immediate environs. The proposals are subordinate in both scale and external appearance to the existing dwelling, whilst the proposed development respects the setting of the adjacent Grade II* Listed Building and Scheduled Ancient Monument. The option to renovate and extend the existing dwelling is more of a sustainable option that completely demolishing the existing dwelling and building new. The proposed external finishes to the development will match that of the existing dwelling.

It is considered that there are no loss of amenity issues associated with the proposed development, whilst the reasons for concern raised have adequately been addressed as part of the above appraisal.

The application property benefits from having a sufficient amenity area, which will remain largely unaffected by the proposed development.

On balance 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 the proposal accords with the above mentioned planning policies. As such this 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; 1:500; 1:100: 1:50 scale plans, received on 2 June 2009, 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 Adopted Carmarthenshire Unitary Development Plan, 2006(UDP)) and material considerations do not indicate otherwise. The policies which refer are as follows:

● The proposal complies with Policy GDC2 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring uses;

● The proposal complies with Policy GDC11 of the UDP in that it provides adequate access and parking provision;

● The proposal complies with Policy GDC14 of the UDP in that the proposed development will not have a detrimental impact on the capacity of utility services;

● The proposed extension complies with Policy GDC16 of the UDP in that it is appropriate in terms of scale and design, and will not cause unacceptable loss of amenity to neighbouring properties;

● The proposal complies with Policy T3 of the UDP in that the capacity of the highway network is sufficient to accommodate the development;

● The proposal complies with Policy T4 of the UDP in that adequate car parking provision is made within the application site;

● The proposal complies with Policy BE1 of the UDP in that it does not adversely affect the setting of a Scheduled Ancient Monument;

● The proposal complies with Policy BE8 of the UDP in that it does not adversely affect the setting of a listed building.

NOTES

Further advice and guidance from the Authority’s Planning Ecologist is contained in her letter dated the 29 June 2009, appended to this planning permission.

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 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 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.

Application No

S/21211

Application Type	Full Planning
Proposal & Location	PROPOSED COMPLETE DEMOLITION OF FORMER BRYNSIERFEL CP SCHOOL AND REPLACEMENT WITH NEW SCHOOL PREMISES INCLUDING UPGRADING/REMODELLING OF SITE BOUNDARY DETAILS, PARKING PROVISIONS AND NEW PLAY FACILITIES/ZONES FOR CHILDREN AT YSGOL GYMRAEG BRYNSIERFEL, BRYNSIERFEL, LLWYNHENDY, LLANELLI, CARMARTHENSHIRE, SA14 9HD

Applicant(s)	CARMARTHENSHIRE COUNTY COUNCIL
Agent	MR RICHARD WORKMAN
Case Officer	Paul Roberts
Electoral Ward	Llwynhendy
Date of validation	03.06.2009

CONSULTATIONS

Head of Transport – No objection subject to the imposition of a number of suitable conditions on any permission granted.

Llanelli Rural Council – Have not commented on the application to date.

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

Dwr Cymru/Welsh Water – Have not commented on the application to date.

Environment Agency – Have not commented on the application to date.

Neighbours/Public – The application has been advertised by means of three site notices posted on the perimeter fencing of the school and a press notice. No letters of representation have been received in response.

RELEVANT PLANNING HISTORY

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

S/7241 Erection of 2400mm high green palisade fence

around front boundary

Full planning permission 17 February 2005

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.

APPRAISAL

THE SITE

The application site consists of Brynsierfel School which is located within the larger residential area of Llwynhendy approximately 3.5km to the east of Llanelli Town Centre. As part of the Authority’s Modernising Education Provision (MEP) Strategy the school was vacated in July 2008 with the entire school population being decanted to the nearby vacated Ysgol Yr Ynys School to enable the redevelopment of the existing facility.

The site itself is relatively small in comparison with neighbouring schools occupying an area of some 10,000m2. It is bound on all sides by the estate roads of the surrounding Brynsierfel, Llys Caradog, Dwyfor and Heol Elfed estates which consist primarily of former local authority housing. The land slopes gradually downwards in a south westerly direction with the existing school complex being sited on two principal levels. The lower level is principally secured by a perimeter of palisade fencing with the upper denoted by a 1000mm high brick wall and fixed railings. On the lower western lying level resides the school building, associated hard standing for parking and infant playground area. To the rear of this, in the eastern half of the site, lies the main asphalt playing ground and school playing fields on a raised plateau. The upper level is segregated from the main school by a brick retaining wall. This area of the school slopes gently southwards with the asphalt playground located within the northern half of the playing fields.

The school building was completed in 1953 with extensive conventional cavity construction forming the wall structure of the school. The external skin displays a clay facing mixed red brick finish. The building is predominantly single storey with the exception of the assembly hall which stands approximately 6 metres to eaves level. The roof to the hall is a shallow pitched mineral felt construction with flat roofs provided on the remaining single storey classrooms.

Direct vehicular and pedestrian access to the school is afforded off Brynsierfel Road with a secondary means of entry available to the north off Llys Caradog for occasional use.

THE PROPOSAL

The application proposes the complete demolition of the existing school and its replacement with a new facility. The proposal also includes associated external works which include the creation of new parking and access arrangements, playing fields and hard/soft amenity and play areas with associated landscaping, and new perimeter fencing and boundary treatment measures.

In terms of the backround to the application, the Welsh Assembly Government in its Better Wales Agenda set an objective of ensuring that all schools are in good physical shape and properly maintained by 2010. In response to this challenge Carmarthenshire County Council reviewed its school building stock and provision and produced a Draft Strategy and Implementation Plan which it published in October 2004. This identified the need for major investment at a number of schools throughout the County to address concerns relating to current sub standard facilities and the need to provide permanent fit for purposes accommodation in lieu of current sub standard temporary accommodation.

The new school will provide a new modern purpose built school facility which will serve to improve and enhance the current level of teaching facilities through the incorporation of a greater range of supporting teaching aids in the shape of a library provision, ICT, designated Practical Areas etc. Coherently, the scheme will provide a more conducive staff and pupil environment that will stimulate learning for children both internally and externally with the incorporation of enhanced staff and pupil amenities and support areas.

The new building layout will consist of a segmented extruded form that follows the natural contours of the site being configured in a north south direction. In an attempt to negotiate the site gradient the proposal is split into two principal finished floor levels. In concept, the building itself forms a retaining structure, straddling and negotiating the greatest change in level inherent to the topography. The application has been accompanied by a series of detailed cross sectional drawings which in essence show the finished levels of the development being comparable with the existing levels of the site.

The lower south-western tier houses the main body of teaching accommodation being orientated in a south westerly direction with classrooms arranged in a chronological sequence tracing the shape of the segmented form. In addition to the relevant classrooms, supporting spaces such as a School Reading Room, ICT suite, Practical Rooms and a SENco facility will provide enhanced teaching aids and facilities in comparison to the former facility. The subterranean support spaces including the reading rooms and library are accessed from the respective classrooms across a top lit central spine corridor, double height in nature, bisecting the building and mediating between the two levels.

The upper tier will be orientated toward the north-east and accommodates the private staffing quarters and interview rooms while also providing the building plateau for both the main entrance reception and the new Assembly hall. One pitch roof solutions are generally deployed to cap the building fashioning a dynamic roofscape visible from the adjacent roadways and upper regions of the site adjacent to the Dwyfor estate road.

Externally, the new school will consist of combinations of facing brickwork, coloured smooth render, horizontally laid weatherboarding and localised insulated panels. This palette is faithfully adhered to through the external building treatment and only interrupted by splashes of insulated colour panels that will help to assign playful character and visual interest. The roofs will be imitation slate to the east when viewed down the slope of the site responding to the precedent set out in the existing urban context. Conversely, less undetectable forms will be of standing seam metal sheet profile to negotiate the constructional challenge of low pitch gradients.

The principal entry into the new school will be gained from the south east via a new vehicular access off the Dwyfor estate road in an effort to avoid traffic congestion along the narrow stretch of Llys Caradog to the north of the site. A new focal point of arrival to Dwyfor is created through a twinned approach of entry for pedestrians and vehicles. The scheme also incorporates a number of alternative pedestrian access points within the school’s grounds with specific nursery and infant entrances at the lower level and an alternative key stage 2 entrance point on the opposite side of the building.

Parking provision for 20 vehicles are to be created to the north of the school building as part of the new layout with additional facilities for service vehicles. The main pedestrian accesses throughout the scheme are clearly denoted through the careful delineation of external surfaces and the use of differing finishes such as brick pavior.

The scheme incorporates a soft play area and revamped school playing field to the north of the main building and a hard playground to the south which is to consist of a hard games court. The latter is to be inter-dispersed with landscaped and planted areas. Provision is also made for a number of outside teaching areas within the new school together with a new covered parent waiting facility. The existing boundary treatment measures are to be replaced by new ‘weld mesh’ fencing which will provide clear visibility through the development thus discouraging anti-social behaviour.

The application has been accompanied by a Habitat Survey and Bat Report which identifies no significant habitat or vegetation constraints to the proposed development.

PLANNING POLICIES

In the context of the current development control policy framework the site lies within the development limits of Llanelli as defined in the adopted Carmarthenshire Unitary Development Plan (July 2006).

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; incorporate soft and hard landscaping as an integral part of the design; should have no unacceptable impact on the privacy and amenity of existing dwellings, buildings and other land uses and their respective occupiers; be designed to ensure maximum use is made of natural daylight and solar energy and resource usage is minimised within the building; ensure ease of access for all; and incorporate measures for the retention of existing hedgerows.

Policy C1 of the UDP 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; the location is readily accessible by walking, cycling and public transport; and there are no amenity, highway or utility service provision objections.

Turning to the matter of access and parking provision, policy GDC11 requires that all new development proposals should be served by an appropriate access incorporating the necessary visibility requirements in addition to suitable parking provision. Furthermore, policy GDC12 states that proposals which generate an unacceptable level of traffic on the surrounding road network and which would reduce highway safety or unacceptably harm 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.

Technical Advice Note 18 – Transport states that most journeys by car, especially for shopping and school travel are relatively short and better conditions for pedestrians and cyclists, when linked to locational policies which promote local activity, could lead to a change in travel choices. It goes on to highlight that Local Authorities should encourage, through their own actions and UDP policies and proposals, the location of a wide range of facilities at the local level so they are accessible on foot or by bicycle. Such facilities include schools, health centres and local offices of the local authority and other service providers. When combined with improved facilities for pedestrians and cyclists, the need for car use will be reduced.

THIRD PARTY REPRESENTATIONS

As highlighted above, no third party letters of representation have been received to date in respect of the application. The application is presented to Committee on the basis that it has been submitted by the Authority and relates to land in its ownership.

CONCLUSION

Following careful consideration, the proposal is considered to represent an acceptable form of development that will be in keeping with the general character and appearance of the existing school and will serve to improve and enhance the level and standard of education and community facilities within the local community. The replacement of the existing school building and demountable classrooms with the new purpose built facility with its contemporary design and mix of hard and soft landscaping will significantly enhance the appearance of the site within the surrounding residential area.

The single storey design of the school building together with its central location within the site will ensure the proposal will have no unacceptable impact upon the level of residential amenity enjoyed by neighbouring residents. The new access and parking arrangements proposed will represent a significant improvement on those serving the existing school with separate pedestrian and vehicular accesses together with dedicated parking areas. The new school will serve to improve and enhance the current level of facilities at the school with no resultant increase in pupil numbers and as such, the proposal will not result in an any increased traffic generation to the school that would unacceptably harm current levels of highway safety on the surrounding road network or indeed the amenity levels of neighbouring residents. Members should be aware that the Authority’s Head of Transport having considered the proposal has offered no objection to the application from a highway safety perspective.

Similar to the existing school, the proposed new facility will occupy a central location within the surrounding residential area hence being well related to the population it is intended to serve and be accessible via sustainable modes of transport including public transport, walking and cycling. Thus, in this respect, the proposal accords with the sustainability objectives of the UDP and National Policy.

The applicant has submitted an Ecological Assessment with the application which identifies no significant habitat or vegetation constraints to the redevelopment of the site. Moreover, the applicant is currently preparing a detailed landscaping scheme which is to be implemented as part of the development and any permission granted will be conditioned to require the submission of the details of this scheme prior to the commencement of the development.

Finally, with regard to the potential impact on the environment, members are advised that a screening exercise relating to the requirement of an Environmental Impact Assessment has been undertaken. The proposed development falls within Schedule 2, Part 10b of the Town and Country Planning (Environment Impact Assessment) (England and Wales) Regulations 1999. The area of development exceeds 0.5 hectares which is the applicable threshold for urban development projects, and as such the indicative threshold and criteria as shown in Column 3, Part 10 (infrastructure Projects) of Schedule 2 is relevant. Following due consideration of the proposal, the development is considered to be of no more than local importance in terms of its siting and size; it does not occupy a sensitive location and will not give rise to any complex adverse impact; and there are no important historical or environmental features associated with the site. The proposal will in essence provide a replacement purpose built facility to replace the existing school and on the basis of the foregoing it is not considered that the requirement of an EIA is applicable.

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 accord with the aforementioned 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 plans referenced 08.2111 1002; PS01; PS02; PS03; PS04; PS05; PS06; PS07 and PS08 received on 2 June 2009; the cycle and outdoor shelter/classroom specifications received on 1 June 2009; 30 June 2009 and 1 July 2009; and the amended plan referenced PS09 REVA received on 02/07/09, unless amended by any following conditions.

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

4 Prior to the commencement of the development hereby approved, full details of the surface water drainage works proposed as part of the development shall be submitted to and approved in writing by the Local Planning Authority.

5 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.

6 The existing means of vehicular access into the site from Llys Caradog shall be permanently stopped up, and the public highway reinstated to the written approval of the Local Planning Authority, prior to the new means of vehicular access herein approved, being brought into use.

7 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.

8 Prior to any use of the access road by vehicular traffic, a visibility splay of 2.4 metres x 25 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the access road in relation to the nearer edge of carriageway. In particular, there shall at no time be any growth or obstruction to visibility over 0.6 metres above the adjacent carriageway crown, within this splay area.

9 The access, visibility splays and turning area required, shall be wholly provided prior to any part of the development being brought into use, and thereafter shall be retained unobstructed in perpetuity. In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles.

10 The southern ‘Emergency Appliance Access’, as shown on the amended plan referenced PS09 REVA received on 2 July 2009, shall be used for emergency services’ vehicles and maintenance staff use only.

REASONS

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

2 & 3 In the interest of visual amenities.

4 To ensure that effective drainage facilities are provided for the proposed development and to prevent the pollution of the environment.

5-10 In the interests of highway safety

NOTES

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

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

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

4 The applicant/developer should be aware that Traffic Regulation Orders are required to provide and enforce the 20mph speed limit and the zig-zag schemes referred to in condition no.11 above and will entail consultation with various bodies and affected parties.

5 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.

6 All British bat species are European Protected Species by virtue of their listing under Annex IV of EC Directive 92/43/EEC ('The Habitats Directive'). This Directive has been transposed into British Law under the Conservation (Natural Habitats &c.) Regulations (1994) And that Under Regulation 39 of the Regulations, it is an offence to:

(a) deliberately capture, injure or kill any wild animal of a European protected species;

(b) deliberately disturb animals of any such species in such a way as to be likely significantly to affect:

(i) the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young, or

(ii) the local distribution or abundance of that species;

(c) deliberately take or destroy the eggs of such an animal; or

(d) damage or destroy a breeding site or resting place of such an animal (including sites that are currently unoccupied).

7 Bats are also protected under Schedule 5 of the Wildlife and Countryside Act (1981) (as amended). This legislation makes it an offence to intentionally to kill, injure, take from the wild, possess or trade in any species of British Bat, as well as intentionally or recklessly damage, destroy or obstruct access to any structure or place which bats use for shelter or protection. It is also an offence to disturb a bat/ bats whilst they are using such a place. The Wildlife and Countryside Act disturbance offence applies to activities that cause low level disturbance which is no longer an offence under Regulation 39 of the Conservation (Natural Habitats &c.) Regulations (1994).

8 The applicant/developer should be aware of the possibility of encountering bats unexpectedly during works. Care should be taken when dismantling features that may be used by bats – this should ideally be carried out under a watching brief by a suitably qualified ecologist.

9 If bats are encountered on site works should stop immediately and CCW should be contacted (Countryside Council for Wales, Beechwood Office, Talley Road, Llandeilo SA19 7HR Tel:01558 825800) - a licence may then need to be applied for from the Welsh Assembly Government. Licences are not automatically granted by virtue of a valid planning consent and it may be possible that the necessary licence application may be refused.

10 It is recommended that further bat survey work be undertaken if the development does not proceed within 18 months of the initial survey submitted with the application

11 The building on this application site may potentially be used by nesting birds. The applicant/developer should be aware that under the Section 1 of the Wildlife and Countryside Act 1981 (as amended) it is an offence to kill or injure any wild bird, take, damage or destroy the nest of any wild bird while that nest is in use or being built. The breeding bird season is generally taken to be mid-March to mid-August. As such no work should be carried out during the breeding season, unless it can be demonstrated that nesting birds are absent. It should be noted that birds may still be nesting outside this season, therefore care should be taken to ensure that no nesting birds are affected.

12 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.

13 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).

14 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.

15 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:

• The proposal complies with Policy GDC2 of the UDP in that it represents an appropriate form of development which is in keeping with the surrounding environs and will not have an unacceptable impact upon the general amenity of neighbouring properties.

• The proposal complies with Policy C1 of the UDP in that the site is located within the settlement limits of Llanelli and the development will serve to extend and improve the existing range of school facilities within the surrounding area without adversely affecting the current level of amenity, highway safety or utility service provision.

• The proposal accords with Policies GDC11, GDC 12 and T3 of the UDP in that it would not generate unacceptable levels of traffic on the surrounding road network which would reduce highway safety or the amenity of neighbouring residents. Furthermore, the proposal incorporates appropriate access and parking provision.

Application No

S/21267

Application Type	Full Planning
Proposal & Location	INSTALLATION OF CONTROL KIOSK AND CONSTRUCTION OF RETAINING WALL REQUIRED IN ASSOCIATION WITH THE CONSTRUCTION OF A NEW COMBINED SEWER OVERFLOW (CSO) AT YNYS TOMENLLE CSO, TO THE REAR OF 76, ISCOED ROAD, HENDY, CARMARTHENSHIRE

Applicant(s)	DWR CYMRU WELSH WATER CYF
Agent	BLACK & VEATCH LTD - MR RHYS WILLIAMS
Case Officer	Paul Roberts
Electoral Ward	Hendy
Date of validation	11.06.2009

CONSULTATIONS

Llanedi Community Council – Have not commented on the application to date.

Local Member – County Councilor S J Lloyd-Janes has questioned whether the existing stone walls encompassing the school yard are to be retained as part of the development and whether the applicant will be providing the school with a new soft play area in lieu of the loss of part of the school yard as part of the proposal.

Neighbours/Public – The application has been advertised by means of two site notices with the neighbouring properties having also been notified of the proposal. In response, 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 a small hardstanding area which forms part of the school yard of Hendy CP School. The site covers a relatively small area of approximately 0.01 hectares forming the western periphery of the school yard and consists of a tarmacadam surface which is enclosed on its northern, southern and eastern boundaries by stone walling. The western boundary of the site consists of an unused gated pedestrian access which egresses onto the adjacent unmade lane which leads northwards to its junction with Iscoed Road. To the north of the site are the residential properties fronting Iscoed Road which use this unmade lane for rear access. To the south is a large detached dwelling located approximately 60 metres from the application site.

THE PROPOSAL

Planning permission is sought for the installation of a control kiosk and the erection of a new retaining wall required in association with the construction of a new Combined Sewer Overflow (CSO) on the application site. The site is located immediately to the north of the existing Ynys Tomenlle CSO and the proposal is required to improve the hydraulics and screening of the existing public sewerage infrastructure.

The new CSO chamber in itself does not require planning permission by virtue of permitted development rights afforded to the applicant under Part 16 of the Town and Country Planning (General Permitted Development) Order 1995. The control kiosk is required to control a mechanical screen within the new CSO and will occupy a position adjacent to the chamber. It is to be of modest proportions extending to a width and depth of 2 metres and 0.8 metres respectively having a maximum height of 1.8 metres and will be dark green in colour.

The proposal will require the demolition of parts of the existing stone walls encompassing the site at the western periphery of the school yard and the new retaining wall proposed will retain the new CSO and screen the development from the school grounds. Following discussions with the school the retaining wall, which extends to a length of approximately 9 metres, will have a plain render finish to allow the creation of a mural at the end of the school yard. All other walls encompassing the school will be reconstructed in a stone finish to match the existing walls. In addition to the above, given the proposal will result in the loss of part of the existing school yard, the applicant has agreed to install a soft surface play area immediately adjacent to the retaining wall at the western periphery of the school yard.

PLANNING POLICIES

The site is located within the development limits of Hendy as contained in the Carmarthenshire Unitary Development (UDP) and is designated as an amenity area and area of registered common land. Reference is made to the following policies :

Policy GDC2 of the Plan 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; incorporate soft and hard landscaping as an integral part of the design; should have no unacceptable impact on the privacy and amenity of existing dwellings, buildings and other land uses and their respective occupiers; be designed to ensure maximum use is made of natural daylight and solar energy and resource usage is minimised within the building; ensure ease of access for all; and incorporate measures for the retention of existing hedgerows.

Policy UT3 relates to ancillary developments and stipulates that proposals for ancillary developments associated with public service provision will be permitted provided they are of a high standard of design paying due regard to their setting. The policy also requires that proposals should not have an adverse effect on the quality of the local environment, species of nature conservation value and sites of nature conservation, historical, archaeological importance or agricultural value.

Policy UT7 permits sewerage developments and related proposals provided measures are taken to mitigate their visual impacts; there will be no adverse impacts on controlled waters; there will be no unacceptable impact on amenity, highway and public service provision; and no harm is caused to sites, habitats or species of nature conservation interest.

THIRD PARTY REPRESENTATIONS

As highlighted in the appraisal above, the local member for Hendy, County Councilor S J Lloyd-Janes, has questioned whether the existing stone walls encompassing the school yard are to be retained as part of the development and whether the applicant will be providing the school with a new soft play area in lieu of the loss of part of the school yard as part of the proposal.

Following discussions between the Local Planning Authority, the applicant and the head teacher of the school, the applicant has confirmed that with the exception of the new retaining wall proposed, all other walls encompassing the western periphery of the school yard will be reconstructed using existing stone. This is confirmed on the plans submitted. With the agreement of the school, the retaining wall itself will consist of a plain render finish to enable the school to create a mural within the school yard to the benefit of local children. Whilst this finish will be in contrast to the stone finish of the existing walls enclosing the yard, the relatively short length of the retaining wall within the context of the size of the overall yard and its use as a school mural will ensure the structure will not be incongruous with the appearance surrounding area. At the same time, the new structure and will provide a community benefit to those attending the school.

Turning to the matter of a new play area, given the proposal will result in the loss of part of the existing school yard the applicant has, following discussions with the Authority and the school, agreed to install a new soft play area within the western periphery of the yard. To ensure this new facility is provided as part of the development the planning permission granted will be condition to require its full installation within three months of the completion of the approved works.

The local member has been advised of the foregoing and has subsequently offered no objection to the application.

CONCLUSION

Following careful consideration of the proposal within the context of its surroundings, the development is considered to be acceptable and in accordance with the Authority’s Development Plan policies. The proposal will serve to provide improvements to the existing public sewerage system whilst the general scale and design of the new kiosk and retaining wall will ensure there will be no unacceptable material harm to the visual amenity of the local environment. In addition, the proposal will provide a community benefit to the neighbouring school by way of a new soft play area and mural.

Further to the above, the proposal will cause no demonstrable harm to the residential amenity of adjacent occupiers and there are no highway, public service or nature conservation objections to the development.

On balance therefore, and after careful examination of the site and its surrounding environs, together with the representations received to date, the proposal accords with the policies of the UDP and 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 plans referenced 1.1 Rev 00; 1.2 Rev 00; P001 Rev B and P003 Rev A received on 11 June 2009, unless amended by any following conditions.

3 Prior to the installation of the control kiosk and the construction of the retaining wall hereby approved, detailed specifications of the surface finish of the ‘soft play area’ to be provided as part of the development, as shown on the plan referenced P001 Rev B received on 11/06/09, shall be submitted to and approved in writing by the Local Planning Authority. The ‘soft play area’ shall be installed in accordance with the approved details within a period of 3 months from the date of the installation of the control kiosk and the construction of the retaining wall.

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 To safeguard the provision of a new school/community facility.

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 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:-

• The proposed development accords with Policy GDC2 in that it represents an acceptable form of development which is appropriate to the character and appearance of the surrounding area and will not have an unacceptable impact upon the residential amenity of nearby properties.

• The proposed development accords with Policies UT3 and UT7 in that it represents an acceptable form of development which is appropriate to the character and appearance of the surrounding area and will not have any unacceptable highway, amenity, public service or nature conservation impacts.