COMMITTEE:

    DEVELOPMENT CONTROL BOARD

DATE:

    8 AUGUST 2000

REPORT OF:

    HEAD OF PLANNING

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

Ref

APPLICATIONS RECOMMENDED FOR APPROVAL

Page No's.

E/02111

Outline planning application for housing on a 4.6 acre site together with a Section 106 Agreement to provide a one acre site of amenity land with public access at: site off Waterloo Road, (David's Way), Penygroes, Llanelli, Carms.

1-18

E/02150

Industrial, warehousing, commercial and residential development (Class B1, B8, A2 and C3 of the Town & Country Planning (Use Classes) Order 1987) including the erection of buildings, creation of amenity open space, reprofiling the levels of the site, and associated building, engineering and other operations. at: land at former, Emlyn Colliery Brickworks site, Bridge Street, Penygroes, Llanelli, Carms.

19-26

E/02229

It is proposed to erect 590 metres of 2 x 50mm2 aluminium high voltage conductor (revision at Mercury Lanlash - replace application No E/02032) at: Mercury Lanlash, Broad Oak, Carmarthen, Carms.

27-29

E/02231

Change of use from poultry shed to pheasant rearing shed plus grain silo and outside runs for 4 months per year at: Edwinsford, Talley, Llandeilo, Carms.

30-47

E/02244

Residential development - 2 bungalows at: pt Enc 7564 - land adjacent to, "Oakview", Caerbryn Terrace, Caerbryn, Ammanford, Carms.

48-51

E/02248

New dwelling house at: Bryn Road, Brynamman, Ammanford, Carms.

52-55

E/02253

Removal of condition No 9 on planning permission P6/21b/18389/91 - agricultural occupancy condition (P6/21b/885/93 also refers) at: Enc 5076 (Felinwaun), Talley, Llandeilo, Carms.

56-57

Ref

APPLICATIONS RECOMMENDED FOR REFUSAL

Page No's.

E/02209

Hot food takeaway at: 4, High Street, Glanamman, Ammanford, Carms.

58-60

Applications Recommended For Approval

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02111

OUTLINE

Date of Registration

13 Apr 2000

OUTLINE PLANNING APPLICATION FOR HOUSING ON A 4.6 ACRE SITE TOGETHER WITH A SECTION 106 AGREEMENT TO PROVIDE A ONE ACRE SITE OF AMENITY LAND WITH PUBLIC ACCESS AT: SITE OFF WATERLOO ROAD, (DAVID'S WAY), PENYGROES, LLANELLI, CARMS.

   

FOR:

GOLDFINCH PROJECTS LTD

 

9 GLAN RHYD

 

RHIWBINA

 

CARDIFF

 

CF14 6JL

   

ELECTORAL WARD:

PENYGROES

   

COMMUNITY/TOWN COUNCIL:

LLANDYBIE

   

CONTACT OFFICER:

HUGH TOWNS 01558 825373

CONSULTATIONS

Highways - Requested a Movement Impact Analysis which the applicant has provided. No further comments have been received to-date.

Hydrology - Comment that there is no spare capacity in the Amman Valley Trunk sewer and that public sewers cross the land concerned.

Footpaths - No observations received to-date.

Environment Strategy - Surface water disposal is to be the subject of a Section 104 Adoption Agreement under the Water Resources Act.

Community Council - Consent should be granted subject to the adjoining Right-of-Way being safeguarded. Concern expressed about the capacity of Penygroes CP School to cater for the children from any new development.

Local Member, Cllr S E Thomas - No objections in principle.

Welsh Water - No observations received to-date.

Environment Agency - No observations received to-date.

Conservation Officer - Any grant of planning permission should include a condition requiring the retention of all the peripheral vegetation.

Development Plan Officer - No objections in principle, but due care should be taken to ensure that the amenity area is developed in a manner that reflects its woodland character.

The Coal Authority - The site is within the likely zone of influence on the surface from workings in 4 seams of coal at 190m to 330m depth, the last date of working being 1944. Ground movement from thee past workings should by now have ceased.

Neighbours/Public - 32 neighbour notification letters have been sent out and the application has been publicised in the local press and by display of a Site Notice. Nine letters of objection have been received as a result. The grounds of objection include:-

1) There is a dangerous access to David's Way near the brow of a hill;

2) Excessive traffic along David's Way would result in disruption and loss of amenity;

3) Loss of privacy and amenity from building operations;

4) Devaluation of property.

RELEVANT PLANNING HISTORY

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

317/95 Building plots (5 dwellings) - Outline 7th September 1995

APPRAISAL

The site comprises 1.8 Ha (4.6 acres) of vacant land at the end of, and to the rear of, David's Way, Penygroes. The land is of poor quality and is infested with reeds. Access to the site is gained via David's Way which currently serves 18 existing dwellings. This application is in Outline for residential development with only the means of access to be considered as part of this application. All other Reserved Matters will be dealt with at a later date although the applicant has indicated a maximum density of 14 dwellings per acre in line with Policy DLP8 of the Dinefwr Local Plan. As part of the scheme the applicant also proposes a small hydro generating unit in the adjacent Nant Arw subject to a feasibility study and the views of the Environment Agency, a small area of adjacent woodland as a public amenity area and a traffic island on Waterloo Road close to the junction of David's Way.

The site is inside the Development Limits of Penygroes as defined on Inset Map 51B of the Dinefwr Local Plan and is actually allocated for residential development within Policy DLPH4 of the Dinefwr Local Plan. This policy, together with Policy H5 of the Dyfed Structure Plan identifies Penygroes as a settlement where a modest level of residential development may be permitted provided it does not create significant transport, amenity, local planning or public service provision objections.

A number of objections have been received from occupants along David's Way in relation to the dangerous access point onto Waterloo Road, the excessive traffic that would be using David's Way as a result of this development and the loss of amenity that this would create.

Highways also expressed concern in their initial response that visibility was restricted at the junction with Waterloo Road and requested a Movement Impact Analysis. This information has been produced by the applicant in consultation with Highways and proposes a traffic island and associated road markings be located on Waterloo Road to increase pedestrian safety and ensure a safer traffic flow. Highways have not yet formally confirmed their acceptance of these measures but it is understood that the report was produced following their input. It is therefore assumed that Highways are happy with the junction in principle provided the proposed works are carried out. Any residential development by its very nature will increase the amount of traffic attracted to the site and will therefore increase disturbance both during building operations and when occupied. This site is allocated for residential development in the Dinefwr Local Plan and was included within the settlement limits on the recommendation of the Local Plan Inspector. It has therefore been accepted for some time that this site would be developed with its associated traffic generation effects. It is therefore considered that this would not be a sustainable reason for refusal of the application.

Devaluation of property was another reason put forward by objectors but this is not a planning consideration.

In terms of general amenity the neighbours have expressed concern about disturbance and loss of privacy as a result of building operations but such operations are only temporary in nature and are an essential accepted part of the development process.

Hydrology have indicated that the development is served by the Amman Valley Trunk Sewer and there is no spare capacity available in that system. However, in accordance with the policy adopted by the Planning and Property Services Committee on 29 April 1998 the developer has opted to accept a condition delaying commencement of the development until November 2001.

The Countryside/Recreation Manager has indicated that the proposed public amenity area does not meet any perceived shortfall or tie in with the Council's strategic network of facilities and therefore he is not interested in accepting responsibility for it. It will therefore remain for the developer to provide for this area as part of the overall development should he wish to do so.

The developer has proposed a small hydro-electric scheme as part of the development but a feasibility study would be required before a detailed scheme is submitted as such a provision is marginal financially. The comments of the Environment Agency are awaited but if the response is negative the developer will drop this element from the scheme.

As the site is allocated for residential development and there are no significant sustainable transport, amenity, local planning or public service provision objections, the application is recommended for approval subject to the following conditions, and any conditions requested by Highways and the Environment Agency.

RECOMMENDATION - APPROVAL

CONDITIONS

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

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

3 The development hereby permitted shall be designed to match the architectural style and appearance of neighbouring buildings with suitably proportioned openings in keeping with the traditional character and proportions of such buildings.

4 The external walls of the proposed dwellings shall be constructed of materials which reflect the traditional character and style of local buildings and the roofs 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.

5 Development of the site shall not be commenced until the planned improvements to the Amman Valley Trunk Sewer, which serves this area, have been substantially completed and the Local Planning Authority have advised the applicant of such completion in writing.

REASONS

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

2 The application is in outline only.

3,4 In the interest of visual amenity.

5 To ensure a satisfactory form of public service provision to the site.

6 In the interest of visual amenity.

NOTES

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

2 The developer should seek advice regarding the need to carry out site investigations to check on the possible presence of underground mine workings. After the site investigation, the developer is recommended to obtain expert advice on the possible subsidence risk and on any necessary precautions that should be taken to protect the buildings against subsidence.

3 The developer is advised to contact the Director of Operations (contact Hydrology Section, Parc Myrddin, Richmond Terrace, Carmarthen) of Carmarthenshire County Council on the mode of foul and surface water drainage to serve the proposed site, and prior to the submission of an Approval of Reserved Matters application the developer should establish and agree full details of the drainage, which should be clearly indicated on the plans at the Detailed stage of the application.

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

5 The applicant's attention is drawn to footpath No 51/13 adjacent to the proposed site and he requirement not to obstruct it, both during and upon completion of the development (map attached).

6 Surface water disposal to be the subject of a Section 104 Agreement under The Water Resources Act.

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02150

OUTLINE

Date of Registration

26 Apr 2000

INDUSTRIAL, WAREHOUSING, COMMERCIAL AND RESIDENTIAL DEVELOPMENT (CLASS B1, B8, A2 AND C3 OF THE TOWN & COUNTRY PLANNING (USE CLASSES) ORDER 1987) INCLUDING THE ERECTION OF BUILDINGS, CREATION OF AMENITY OPEN SPACE, REPROFILING THE LEVELS OF THE SITE, AND ASSOCIATED BUILDING, ENGINEERING AND OTHER OPERATIONS. AT: LAND AT FORMER, EMLYN COLLIERY BRICKWORKS SITE, BRIDGE STREET, PENYGROES, LLANELLI, CARMS.

   

FOR:

MACOB ENVIRONMENTAL LTD (AND THEIR

 

JOINT VENTURE PARTNERS GMM LTD)

 

YNYSBRIDGE COURT

 

GWAELOD Y GARTH

 

CARDIFF CF4 8YD

   

AGENT:

WYN THOMAS GORDON LEWIS LTD

 

21 PARK PLACE

 

CARDIFF

 

CF10 3DQ

   

ELECTORAL WARD:

PENYGROES

   

COMMUNITY/TOWN COUNCIL:

LLANDYBIE

   

CONTACT OFFICER:

EIFION BOWEN 01267 224851

CONSULTATIONS

Highways - Requires a Movement Impact Assessment to be submitted.

Hydrology - Discussion required on upgrading of the surface water culvert downstream.

Footpaths - Attention is drawn to the presence of a registered Right of Way on the site.

Community Council - Llandybie Community Council comment that consideration be deferred pending a public meeting to allow the public and members to be aware of the proposal.

Local Member, Cllr S Thomas - Requests a site visit.

Forward Planning - No objection in principle.

Environment Agency - Consider that insufficient information has been submitted and would support the Local Authority should they require an Environmental Impact Assessment.

Hyder - The proposed development drains to the Penygroes STW which is currently overloaded. Improvements are planned which will enable a connection to be made in 2002. Hyder recommends a condition restricting a foul drainage connection until the improvement works are completed. No surface water should drain to the public sewer.

Cambria Archaeology - Initial appraisal of the site indicates that surviving remains of both the colliery and brickworks may be considered of at least regional importance. It is therefore recommended that the planning authority requires the applicant to provide the results of a desk-based archaeological assessment for consideration prior to a planning decision being made.

Neighbours/Public - The proposal has been advertised under Article 8 of the Town & Country Planning (General Development Procedure) Order 1995 as a major scheme. Properties along Bridge Street, Gorsddu Road, Norton Road and Waterloo Road, adjacent to the site have been notified. Seven letters have been received raising issues of ownership; access; scale of development; noise and dust from opencast and traffic.

RELEVANT PLANNING HISTORY

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

20000/92 Develop site to provide housing

/industrial/commercial/amenity/

17 executive dwellings - Outline

Approval 18th February 1993

15606/89 Brick-making Clay extension

Detail, Approval 23rd November 1989

194919/86 Various industrial/commercial/

coal developments.

APPRAISAL

THE APPLICATION

The application was submitted in outline for land reclamation and phased mixed-use redevelopment for Light Industry and Warehousing (Class B1 and B8); Commercial (A2), Residential (C3) with amenity space and landscaping and associated infrastructure. The nature of the submission has raised the question of whether the reclamation element can be dealt with in Outline, as no building works are involved in this element of the scheme.

In particular the submission did not provide details of the completed ground levels or the extent and nature of how the material on site is to be re-profiled. The applicants acknowledge the need to provide these details and have already provided calculations on the amounts of soil and the likely excess material following earthworks/land stabilisation.

The applicants have also recognised the authority's concerns and amended the description of the development to:

'Industrial, Warehousing, Commercial and Residential Development (Class B1, B8, A2 and C3 of the Town & Country Planning Act (Use Classes) Order 1987) including the erection of buildings, creation of amenity space, re-profiling the levels of the site, and associated building, engineering and other operations'.

The description moves the emphasis towards the principle of redevelopment which the developer is anxious to establish to permit a degree of certainty before embarking on the more detailed and costly phase of survey and design.

Given the planning history of the site and the status of the site within the Dinefwr Local Plan this approach is reasonable and allows detail issues to be covered by condition. The developer fully acknowledges the need to submit further details.

While the Environment Agency have made reference to an Environmental Assessment, the site, although large, does not raise aspects that relate to the relevant criteria that justify an Assessment under the Environmental Impact Regulations 1999.

THE SITE

The site subject of the application is the area generally associated with the former Emlyn Colliery and associated brickworks. The area extends to some 18 Ha of land, which has been reduced to reflect concern expressed by adjoining land owners over ownership issues.

The area has been the subject of intense mining activity over a long period of time. In addition to the Emlyn Colliery which last operated in 1939, the Emlyn Brickworks also falls within the application site. The brickworks having been responsible in the more recent years for the extraction of clay in the vicinity of the brickwork complex. The resultant landscape is one of dereliction with the undulating terrain dominated by the large colliery shale tip in the North, central and western part of the site, clay extraction in the centre and area of old buildings and structures in the centre and southern part of the site leaving an environmental legacy of past industrial activity that has generated calls for regeneration for some years.

A plan will be circulated at the meeting identifying the site in relationship to the local road network and village of Penygroes.

PLANNING POLICIES

In policy terms Policy DLPE10 of the Dinefwr Local Plan is specific to the site and states:

DLPE10

'The Council will allocate 18.33 hectares of land for development at the Emlyn Brickworks site, Penygroes for the following uses:-

(i) Light Industrial and Warehousing - Class B1 and Class B8, (At least 30% of site area)

(ii) Commercial - Class A2 (At least 10% of site)

(iii) Residential - Class C3 (At least 35% of site)

(iv) Amenity Space (At least 15% of site)

Subject to Policies DLPE6 and DLPH4 and to Transport, Amenity and Public Service Provision.'

Policy DLPH4 refers to modest level of development while DLPE6 identifies 5.5 Ha of the site in employment policies.

The identification of the site in the Dinefwr Local Plan was seen as a means of stimulating interest in its redevelopment. The area is large in relation to Penygroes however the Local Planning Authority recognised the need to provide a policy framework that encouraged environmental improvement to this neglected site adjacent the village of Penygroes.

The submitted scheme is made in Outline and the general indicative layout supporting the submission reflects the policy. The developers acknowledge and accept the policy and the content will be conditioned to reflect the mix use principle established by Policy DLPE10, and any consent will be conditioned accordingly.

APPRAISAL

Both the Dinefwr Local Plan and the planning history clearly indicate that there is a clear presumption in favour of the principle of redeveloping the site. The area of land adjoins the village of Penygroes and has provided a source of employment to the village for generations. The gradual decline of the colliery and latterly the brickworks has meant that employment is now confined to the former colliery buildings and is relatively low in number. The site in the meantime has deteriorated in its appearance with the large area of dereliction clearly visible on the approaches to the village anf provideing an visually unpleasant setting to Penygroes.

In principle the proposal is acceptable with the mix of uses proposed in line with the Policy DLPE10 of the Dinefwr Local Plan.

There are however a number of issues relating to the development of the site which have been raised during consultation which need to be considered to ensure that subsequent submissions address the difficulties.

Firstly that of traffic generation, Head of Transport requests a Movement Impact Assessment in order to assess whether the development is sustainable. Reference is made to developments that continue to place reliance on the private motor vehicle and the need to promote other modes of movement such as walking, cycling and use of public transport. As indicated earlier the site and principle of the mixed use development is clearly identified in the Local Plan, specifying mixed uses the Local Plan policy was formulated to ensure the minimisation of travelling through providing residential and employment opportunities near each other. The proposal is clearly sustainable in this context, and while movements are clearly important from access points of view conditions can be applied to address the detail arrangements of this aspect. The presence of a public right of way within the site will be highlighted and integrated into the footpath network within the site by condition. This will contribute to the variety of movement that has been identified by the Head of Transport as being crucial in sustainability terms.

Surface water within and adjacent has been problematic on occasions for a number of years. The pond within the area has raised question of safety while culverts in the area, particular near the square in the village have limited capacity. Both the Authority's Hygrologist and Hyder have made reference to surface water and any detailed scheme will need to address on-site and off-site surface water disposal. The Consent granted in February 1993 had been conditioned to address this matter, and this can be updated to ensure a comprehensive assessment and upgrading of the system.

Hyder also states that the development drains to their Penygroes STW which is currently overloaded, improvements are planned which would enable connection in 2002. Hyder considers any development prior to this date to be premature and therefore would request that the authority include a Grampian condition restricting a foul drainage connection until the improvement works have been completed.

The exact date in 2002 is not provided given the scale of the remedial works required to prepare the area for building works it is unlikely that any development will be ready for connection until that year. The issue is whether Penygroes STW will have been improved in accordance with the timetable stated by Hyder. A condition is recommended to ensure that the existing STW is not unduly compromised.

The Environment Agency mention in their response the provision of an Environmental Impact Assessment. Such an Assessment, if required, needs to be requested within three weeks of the date of submission. This project covering some 18 Ha does not fall within a category of development that automatically requires an Environmental Assessment. The criteria within the Regulations that influence whether an Environmental Assessment is justified, such as nature, location and potential impact of the project are not significant enough to justify on a request for an Environmental Assessment. The Environment Agency will be informed of this opinion.

Given the extent of publicity, the response of the public has been relatively low of the seven letters received, two relate to ownership which resulted in the amendment to the site boundary referred to earlier. Other comments relate to:-

i) surface water;

ii) objection to commercial element because of its effect on local road network;

iii) the mining element because of noise and dust;

iv) effect on wildlife and green area.

Surface water and access are aspects of the development that can be conditioned, as mentioned earlier in the report in a way to ensure these details are resolved prior to the commencement of any work.

There are no mining proposals that form part of this scheme, while the re-profiling and ground stabilisation may generate some incidental coal, these operations will be conditioned to minimise any environmental impact.

The Local Member has requested a site visit and there is no objection to this given the nature of the project, and will in fact meet Llandybie Community Council's desire for more information and a public meeting.

Notwithstanding the above I recommend approval subject to the following conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

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

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

3 Planning permission is hereby granted for the proposal as amended by the Agents letter dated 2 June 2000 and relates to the land identified by the 1:2500 scale location plan (Drawing No MP-001 Revision B), received on 4 July 2000, and specifically excludes reference to the detils shown on Msater Plan (Drawing No MP-02), received on 26 April 2000 which has been considered as indicative only.

5 The schedule of junctions and their locations shall be supported by indication of traffic movements to and from the site.

6 None of the dwellings/buildings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The scheme shall be phased in accordance with the programmed improvement to the Penygroes STW which is scheduled for completion during 2002.

7 No development shall commence until a scheme for the disposal of surface water within the site is submitted to and approved in writing by the Local Planning Authority. The scheme shall consider the impact on the surface water system for the area and include any necessary improvements requied to accommodate additional surface water flows.

8 No development shall take place until full details of both hard and soft landscape works have been submittd to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. The details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation area (including the Registered Footpath within the site); hard surfacing materials; play equipment; retained historic features and proposals for restoration where relevant. Soft landscape works shall include (planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/ densities where appropriate; implementation programme).

9 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

10 No development shall take place until details of earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Developments shall be carried out in accordance with the approved details.

12 No development shall take place within the area indicated (this would be the area and/or buildings of archaeological interest) until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

13 The scheme required in condition 11 shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the environment when the site is developed.

REASONS

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

2,3 The application is in outline only.

4,5 In the interest of highway safety.

6 To prevent the pollution of the water environment.

7 To prevent localised flooding.

8-11 In the interest of visual amenities and to protect the amenities of adjoining residents

12 To protect the archaeological interest of the area.

13 To protect the environment.

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02229

OVERHEAD LINE

Date of Registration

15 Jun 2000

IT IS PROPOSED TO ERECT 590 METRES OF 2X50MM2 ALUMINIUM HIGH VOLTAGE CONDUCTOR (REVISION AT MERCURY LANLASH - REPLACE APPLICATION NO E/02032) AT: MERCURY LANLASH, BROAD OAK, CARMARTHEN, CARMS.

   

FOR:

HYDER

 

FFYNNON MENTER

 

PHOENIX WAY ENTERPRISE PARK

 

LLANSAMLET

 

SWANSEA

   

ELECTORAL WARD:

LLANGATHEN-SOUTH

   

COMMUNITY/TOWN COUNCIL:

LLANGATHEN

   

CONTACT OFFICER:

HUGH TOWNS 01558 825373

CONSULTATIONS

Community Council - Object on the grounds of visual intrusion on the environment and in this case the length of the cable is an added factor.

Local Member - No observations received to-date.

Neighbours/Public - One neighbour consultation letter has been sent out and no response has been received as a result.

RELEVANT PLANNING HISTORY

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

E/02032 Overhead line - Withdrawn 20th April 2000

APPRAISAL

The proposed new overhead line runs from a point on an existing overhead line 150m North of Lanlash Farm, Broad Oak, in a generally south-westerly direction for 590m to the existing Mercury Telecommunications Mast on the other side of the A40(T).

The first 230m is on the North side of the A40(T) and will be well screened by the substantial hedgerow along the North side of the road. The line then crosses the road and runs along generally flat land for approx 180m before rising up a steep bank for the final 180m.

The new overhead line is required in order to provide electricity for the mast. A previous applicaiton for an overhead line at this location was withdrawn in April this year as a result of objections from the landowners involved. The new line avoids the landholding of that particular landowner.

Planning policy in relation to Electricity Service Lines is contained in Policy DLPPU2 of the Dinefwr Local Plan which states:

DLPPU2

The provision of electricity service lines should have as little adverse effect as possible on the environment, in particular:-

i) all above ground lines should be routed to reduce to acceptable levels damage or disturbance to the environment and should not cause the sterilisation of identified mineral reserves or resources. Consideration should be given to placing such services underground when desirable on environmental grounds and economically and technically feasible;

ii) when services are placed underground adequate restoration measures should be taken to minimise any adverse visual effects;

iii) measures should be taken whenever feasible to rationalise service provision to reduce its visual impact.

The Community Council has objected on the grounds that the new line will be visually intrusive in the environment, particularly due to its length.

It is considered that the first 410m will not be particularly intrusive in the environemnt but the final 180m along a fairly steep hillside would be visually intrusive. In accordance with the requirements of Policy DLPPU2 the applicant has been asked whether consideration has been given to placing this final section underground but no response has been received to-date.

RECOMMENDATION - APPROVAL

It is recommended that the Local Planning Authority advise the Secretary of State for Trade and Industry that it has no objections to the proposed development provided that consideration is given to placing the final section (C to F on the submitted plan) underground so as to minimise visual intrusion.

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02231

FULL PLANNING

Date of Registration

15 Jun 2000

CHANGE OF USE FROM POULTRY SHED TO PHEASANT REARING SHED PLUS GRAIN SILO AND OUTSIDE RUNS FOR 4 MONTHS PER YEAR AT: EDWINSFORD, TALLEY, LLANDEILO, CARMS.

   

FOR:

MR & MRS J C HERON

 

EDWINSFORD FARMHOUSE

 

TALLEY

 

LLANDEILO

 

CARMS

   

ELECTORAL WARD:

LLANSAWEL

   

COMMUNITY/TOWN COUNCIL:

LLANSAWEL

   

CONTACT OFFICER:

K.D.PHILLIPS 01558 825368

CONSULTATIONS

Hydrology - Development will not sewer. Advice given on percolation tests, trial holes and soakaways.

Environment Strategy - No comments on proposal.

Community Council - No observations received to-date.

Local Member - No observations received to-date.

Environmental Health Dept - Do not envisage an odour nuisance from the development provided that the process does not change significantly from that which was observed during a site visit. Similarly, the anticipated noise level is not considered to be of a level that would constitute a statutory nuisance. However, there is concern over possible vermin and rodent activity in the area due to the way the grain is stored. In addition, the way bedding and waste is disposed of, through burning can cause a nuisance from odour and smoke emissions and it is suggested that any waste is properly disposed of in an appropriate site suitably designed for this purpose.

Neighbours/Public - Eight neighbour notification letters have been hand-delivered to adjacent properties and three letters of complaint have been received to-date.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

Planning permission is sought for the retention of the change of use from a poultry shed to pheasant rearing shed plus the erection of a separate grain silo and outside runs, for a period of 4 months per year, May to August, at Enclosure 1576 within the estate of Edwinsford, located approximately 500m North of the junction of the B4302 (Llandeilo-Lampeter) road and the B4337 (Llansawel) road, 2km North of the village of Talley. The building, silo and runs are located within a cluster of residential buildings that comprise of private houses, holiday accommodation and an estate worker's dwelling. The development, the subject of the application is largely to the rear of the said properties, the nearest of which is one of the holiday units located 25m to the south-west of the rearing shed and silo.

The pheasant rearing building measures 11.7m by 7.38m by 4.1m high; the runs are 42.5m by 24.3m and the 4.5m high stainless steel silo are located in a position where the majority of the development is screened by a large 3m estate wall, mature hedegrows and trees. However, this retrospective application arose as a result of a complaint received from a near neighbour concerning the smells and noise nuisance encountered.

The applicants state that the building is designed as a chicken shed and that it has previously been used for the rearing of pheasants with this being the second year that they have used the building to rear day old chicks, from mid May, with 6 week old poults being released elsewhere on the estate by the end of July/early August (weather dependent). The shooting enterprise associated with the pheasant rearing provides two full-time jobs on the estate which is not considered to be able to be sustained if poults were bought in for immediate release.

As a result of neighbour consultation three letters have been received objecting to the proposal on the following grounds:-

1 Smell from burning of bedding, pheasant droppings and dead birds;

2 Noise from quad bikes, old Land Rovers and the influx of people at all hours;

3 Increase in the presence of rodents;

4 The building has not been used as a chicken shed;

5 The proposal conflicts with Policy E7 of the Dyfed Structure Plan;

6 The proposal conflicts with Policies DLP5, DLP25, DLPEN1, DLPE13, DLPE16 and DLPE20 of the Dinefwr Local Plan;

7 The proposal conflicts with Planning Guidance (Wales) in that there is likely to be an adverse effect on residential amenity.

To refer to the third party concerns in turn, General Nuisance Logs have now been sent to the three objectors from the Public Health Services Section of the Social Care and Housing Department, however, no detailed records of any activities that affects the living conditions of the residents had been received previously by the Local Planning Authority or Public Health Services (Environmental Health). In addition, site visits have been conducted and no smell or noise nuisance has been witnesed from the building and runs.

Having regard to the stated policy issues, Policy E7 states:

E7

'It is the policy of the County Council that there will be no general presumption against the use or limited extension of existing buildings or the reuse of redundant existing buildings outside settlements for small scale employment undertakings unless these create any significant transport, amenity or public service provision objections, andprovided that their form, bulk and general design are in keeping with their surroundings'.

As noted above, the Local Planning Authority has not received any detailed records of the purported adverse effects on the amenity of the immediate neighbours and believe that a temporary consent for one year will enable the effects upon the living conditions to be assessed. After this period of time, any information regarding the the general nuisance logs that may have been returned to the Public Health Services Section will be taken into consideration in the the application to further renew the permission for development that shall be required next year.

Policies DLP5 and DLP25 of the Dinefwr Local Plan also refer to the effect on the living conditions of residents by development and again it is considered that the temporary consent affords the Local Planning Authority opportunity to assess any concerns arising from the development to be taken into consideration at the renewal stage.

It is not considered that the development harms the character and appearance of the Cothi Valley Area of Great Landscape Value as defined in Policy DLPEN1 of the Dinefwr Local Plan. Again poliices DLPE13, DLPE16 and DLPE20 state developments should not have an adverse effect on amenity or local environment.

It is considered that the provision of a temporary permission and a 'trial run' is in accordance with paragraph 111 of Welsh Office Circular 35/95 - `The Use of Conditions in Planning Permissions' and is the most appropriate course of action to proceed and a permission for one year is recommended.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The permission hereby granted relates to the development detailed by the site plan received on 15 June 2000.

2 The development hereby permitted shall be discontinued and the land restored to its former condition on or before 31 August 2001 in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority.

3 No burning of waste materials in association with the development hereby permitted shall take place until details of the proposed site for the burning of waste materials has been submitted to and approved in writing by the Local Planning Authority.

REASONS

1 To define the permission.

2 To give the development a 'trial run' to determine whether there is a detrimental impact on the living conditions of nearby properties.

3 In the interest of the residential amenities of the occupiers of nearby properties.

NOTES

1 Further advice and guidance from the Environment Agency (sic) is contained in their letter of 17 July 2000, appended to this planning permission.

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02244

OUTLINE

Date of Registration

28 Jun 2000

RESIDENTIAL DEVELOPMENT - 2 BUNGALOWS AT: PT ENC 7564 - LAND ADJACENT TO, OAKVIEW, CAERBRYN TERRACE, CAERBRYN, AMMANFORD, CARMS.

   

FOR:

MR R M GEORGE

 

7 PICKERING ROAD

 

LECKHAMPTON

 

CHELTENHAM

 

GLOS

 

GL53 0LF

   

ELECTORAL WARD:

PENYGROES

   

COMMUNITY/TOWN COUNCIL:

LLANDYBIE

   

CONTACT OFFICER:

HUGH TOWNS 01558 825373

CONSULTATIONS

Hydrology - Development will sewer but major off-site works will be required.

Environment Strategy - No observations received to-date.

Community Council - No observations received to-date.

Local Member, Cllr S E Thomas - Objects to ribbon development and the road to Penygroes is too narrow to sustain extra traffic.

Environment Agency - Request conditions relating to foul and surface water drainage.

Neighbours/Public - Twenty neighbour notification letters have been sent out and no responses have been received as a result.

RELEVANT PLANNING HISTORY

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

464/93 Residential development (4 units) - Outline 9th September 1993

APPRAISAL

The application site, of 60m road frontage and 50m depth, is located along the southern flank of the Class III Road opposite Caerbryn Terrace, Caerbryn and is inside the Development Limits of Blaenau and Caerbryn as indicated on Inset Map 9 of the Dinefwr Local Plan.

Outline planning permission was granted for 4 dwellings at this location in September 1993 but this permission has now lapsed. This application is also in Outline and seeks permission for two bungalows.

As the site is inside the Development Limits, Policy H6 of the Dyfed Structure Plan and Policy DLPH5 of the Dinefwr Local Plan are relevant. They identify Blaenau and Caerbryn as a settlement where a minor level of residential development may be permitted provided it does not create significant transport, amenity, local planning or public service provision objections.

The Local Member has indicated concerns about ribbon development of the settlement and the narrowness of the road leading to the site. However, the site is inside the Development Limits as indicated above and although the road is narrow, the fact that this applicaiton is for two properties on a site previously permitted to accommodate four is a material consideration albeit that the previous permission has lapsed. There were no highway objections to the four dwellings and therefore a refusal on highway grounds for two dwellings would be very difficult to sustain. There being no significant amenity, local planning or public service provision objections, the application is therefore recommended for approval.

RECOMMENDATION - APPROVAL

CONDITIONS

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

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

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

4 All windows shall be vertically proportioned and be symmetrically sub-divided.

5 The new vehicular access shall be laid out and constructed strictly in accordance with Typical Layout No 4 (specification for which is attached to this planning permission), prior to the commencement of any other work or development. Thereafter it shall be retained, unobstructed, in this form in perpetuity.

6 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole Class III Road frontage within 2.1 metres of the near edge of the highway.

7 Prior to the commencement of development the written approval of the Local Planning Authority shall be obtained for a scheme of parking and turning facilities within the curtilage of each plot. These are to be provided on each plot prior to its occupation, and thereafter shall be retained, unobstructed in perpetuity. In particular, no part of the access, parking, or turning facilities is to be obstructed by non motorised vehicles.

8 Any access gates shall be set back a minimum distance of 5 metres behind the edge of the carriageway, and shall open inwards into the site only.

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

10 Soakaways must be provided to cater for the surface water drainage from this development.

REASONS

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

2 The application is in outline only.

3,4 In the interest of visual amenity.

5-8 In the interest of highway safety.

9 In the interest of visual amenity.

10 To reduce the risk of flooding in this catchment. (The developer should establish that ground conditions are suitable in accordance with BS 6297:1983, for the use of soakaways. If considered to be unacceptable and an alternative means of disposal is proposed, then this Authority requires to be re-consulted).

NOTES

1 Further advice and guidance from the Environment Agency (sic) is contained in their letter of 12 July 2000, appended to this planning permission.

2 The developer is advised to contact the Director of Operations (contact Hydrology Section, Parc Myrddin, Richmond Terrace, Carmarthen) of Carmarthenshire County Council on the mode of foul and surface water drainage to serve the proposed site, and prior to the submission of an Approval of Reserved Matters application the developer should establish and agree full details of the drainage, which should be clearly indicated on the plans at the Detailed stage of the application.

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

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

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02248

FULL PLANNING

Date of Registration

28 Jun 2000

NEW DWELLING HOUSE AT: BRYN ROAD, BRYNAMMAN, AMMANFORD, CARMS.

   

FOR:

MS BONITA HEAVENS

 

131 CWMGARW ROAD

 

BRYNAMMAN

 

AMMANFORD

 

CARMS

   

AGENT:

ALAN SEAGER ARCHITECT

 

COEDMOR

 

CASWELL AVENUE

 

CASWELL

 

SWANSEA

   

ELECTORAL WARD:

BRYNAMMAN

   

COMMUNITY/TOWN COUNCIL:

QUARTER BACH

   

CONTACT OFFICER:

G T NOAKES 01558 825301

CONSULTATIONS

Hydrology - Comment that there is no spare capacity in the Amman Valley trunk sewer.

Environment Strategy - No response to-date.

Community Council - No response to-date.

Local Member - No response to-date.

Environment Agency - Offer no objection to the application as the method indicated for foul drainage is a sealed cesspool and as such there is no additional flow into the Amman Valley Trunk Sewer.

Neighbours/Public - Six neighbour notification letters were forwarded, that resulted only in the occupier of the neighbouring property, 'Pencaecrwn', visiting the office to inspect the plans.

RELEVANT PLANNING HISTORY

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

E/01605 Bungalow - Outline, Approval 15th March 2000

(subject to Sec 106 Agreement

with regard to the Amman Valley

Trunk Sewer)

E/01243 Bungalow - Outline - Withdrawn 25th February 2000

530/95 Bungalow - Outline - Approval 19th October 1998.

APPRAISAL

The applicaiton site is the easternmost part of Enclosure 2256 along the western flank of Bryn Road, Brynamman, an inclining enclosure that is South facing with views over the Amman Valley.

The application site extends to wholly cover that land previously granted Outline planning permission under reference E/01605 on 15 March 2000 and part of the adjacent land at which it was the decision of the Development Control Board meeting of 8 October 1998 that Outline planning permission be granted in principle subject to the applicant entering into a Section 106 Agreement foregoing the right to requisition a connection to the public foul sewer until the necessary upgrade works have been completed. That latter application was subsequently withdrawn due to the existance of a private sewer crossing through the site. The current applicaiton represents largely the land available between that private sewer line and the road frontage.

The plot has a road frontage of approx 40m, delineated by a mixed species hedgerow and a depth of 32m with Detail planning permission being sought for a five bedroom dwelling of a single storey type of construction; the bedroom accommodation being within the roofspace. Externally, the dwelling is to be of a combination of dressed stone and render with a reconstituted slate roof covering.

The application site is within the residential Development Limits for Brynamman as defined in the Adopted Dinefwr Local Plan and in the absence of any transport, amenity or public service provision objections, other than the Amman Valley Trunk Sewer, it is recommended that consent is granted subject to the applicant entering into a Section 106 Agreement with the Authority, foregoing the right to request/requisition a connection to the pubilc sewer.

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 1:100 and 1:200 scale plans, received on 28 June 2000, unless amended by any following conditions.

3 The roof of the dwelling hereby permitted shall be covered with natural or fibre cement slates or flat concrete tiles, dark grey in colour.

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

5 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.

6 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.

7 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.

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 amenity.

4-7 In the interest of highway safety.

NOTES

1 The permission hereby granted is dependent upon the developer, prior to the commencement of development, entering into an Agreement with Carmarthenshire County Council under Section 106 of the Town and Country Planning Act 1990, foregoing the right to request/requisition a connection to the public sewer until November 2001.

3 The developer's attention is drawn to the existence of a private sewer connection in the proximity of, and which may affect the development of the application site.

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02253

AMENDMENT OR REMOVAL OF PLANNING CONDITION

Date of Registration

28 Jun 2000

REMOVAL OF CONDITION NO 9 ON PLANNING PERMISSION P6/21B/18389/91 - AGRICULTURAL OCCUPANCY CONDITION (P6/21B/885/93 ALSO REFERS) AT: ENC 5076 (FELINWAUN), TALLEY, LLANDEILO, CARMS.

   

FOR:

L L & MRS E M RICHARDS

 

MAESGLAS

 

CAIO

 

LLANWRDA

 

CARMS

   

AGENT:

D TERRY OWEN & ASSOCIATES

 

CASTLE OFFICES

 

1 HEOL DYRFAL

 

LLANGADOG

 

CARMS

   

ELECTORAL WARD:

TALLEY

   

COMMUNITY/TOWN COUNCIL:

TALLEY

   

CONTACT OFFICER:

K.D.PHILLIPS 01558 825368

CONSULTATIONS

Community Council - Object to the removal of the Agricultural Occupancy condition on the grounds that the supported conditions on the original application have never been implemented.

Local Member - No observations received to-date.

Neighbours/Public - A neighbour consultation letter was sent to the nearest neighbour and a Site Notice was displayed on site but no response has been received as a result.

RELEVANT PLANNING HISTORY

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

885/93 Agricultural dwelling - Reserved Matters 17th February 1994

18389/91 Agricultural dwelling - Outline 9th January 1992

APPRAISAL

The application is for the removal of the Agricultural Occupancy condition (Condition 9) on Outline planning consent P6/21b/18389/91, dated 9 January 1992 and Reserved Matters application P6/21B/885/93, dated 17 February 1994 that detailed a modest 3 bedroom bungalow at Pt Enc 5076, approx 1.5 km North of Talley along the B4302 (Talley to Lampeter) road.

The Authority's policy in relation to the removal of agricultural occupancy conditions was laid down by the Planning, Property & Technical Services Committee on 18th September 1996. It was resolved that favourable consideration be given to the removal of agricultural occupancy conditions on built dwellings for retiring farmers and on other dwellings where agricultural occupancy conditions have been inappropriately imposed. The Outline consent that allowed the agricultural worker's dwelling is considered to have been inappropriately granted in particular with the Estates Officer at that time unable to support the proposal on agricultural grounds because it was premature. At the time the applicant wished to obtain consent for a dwelling for one of his three sons and the eldest was not yet ten years of age. Although a recommendation was made for refusal, the decision was overturned at Committee and consent granted.

The applicant has stated that although there was intention for his son to become a partner in the family farming business, the state of farming has since changed for the worst; his son at present is in the sixth form in school studying to proceed to higher education and may now follow into agriculture.

In light of the inappropriate imposition of the agricultural occupancy condition, it is considered that favourable consideration be given to the removal of the condition.

RECOMMENDATION - APPROVAL

The planning permission hereby granted permits the continued residential occupancy of the dwelling known as 'Felinwaun', Pt Enc 5076, Talley without compliance with Condition 9 on planning consent P6/21B/28389/91.

Applications Recommended For Refusal

COMMITTEE:

DEVELOPMENT CONTROL BOARD

   

DATE:

8 August 2000

   

REPORT OF:

HEAD OF PLANNING

   

E/02209

FULL PLANNING

Date of Registration

09 Jun 2000

HOT FOOD TAKEAWAY AT: 4, HIGH STREET, GLANAMMAN, AMMANFORD, CARMS.

   

FOR:

MR MOHAMMED PASHA

 

25 HEOL AMMAN

 

GLANAMMAN

 

AMMANFORD

 

CARMS

   

ELECTORAL WARD:

GRENIG

   

COMMUNITY/TOWN COUNCIL:

CWMAMMAN

   

CONTACT OFFICER:

G T NOAKES 01558 825301

CONSULTATIONS

Community Council - Recommend that the application is refused planning permission 'as it is considered that such a development would be detrimental to the amenity of the neighbourhood'.

Local Member, Cllr D C Evans - Strongly objects to the application in that the proposal would result in a loss of amenity in a residential area by virtue of disturbance caused by the opening and closing of car doors, parking implications, noise and litter.

Environment Agency - No response to-date.

Neighbours/Public - Seventeen neighbour notification letters were forwarded, with eight letters of objection, one letter confirming no objections and one letter of general observations having been received in reply.

RELEVANT PLANNING HISTORY

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

13050/87 Conversion of dwelling and shop into 4 flats

Detail, Approval 2nd July 1987.

APPRAISAL

The proposal relates to the change of use of a vacant ground floor retail unit at No 4 High Street, Glanamman to a hot food take-away specialising in Indian cuisine.

No 4 High Street is a two storey, double fronted property located along the western flank of High Street, a cul-de-sac that comprises of residential dwellings along that side with Bryn Seion Chapel, Community Centre, Library and residential properties along the opposite, eastern flank. The application building that has an existing retail frontage to part of the ground floor is located some 35m South of the junction of High Street with the A474, Cwmamman Road, a primary route of communication that links Ammanford with Neath and the M4 beyond.

Retail policies and general strategy for comercial development are contained within Section 8 of the Dinefwr Local Plan where the shopping hierarchy identifies Glanamman as a Community Shopping Area. There is no retail area for Glanamman identified on Inset Map 2 of the Dinefwr Local Plan. It is considered that the primary retail/commercial provision for the neighbouring communities of Glanamman and Garnant exists along the A474, Cwmamman Road corridor with High Street being predominantly of a residential character, particularly in the early evening. However, No 4 High Street although currently vacant has an existing retail user and it follows therefore that the principle issue is whether or not the proposed use can be accommodated at this location without compromising amenity and highway safety.

With regard to the first issue, then taking the argument that the premises was formerly a retail outlet (which the objectors state has been vacant for 20 years) would have if still open served the local residential community and which combined with the other activities in the area including the Chapel, Library, Community Centre and Post Office at the High Street/Cwmamman Road junction generated considerable amounts of vehicular and pedestrian movement. This activity diminishes after 6.00 pm and the area becomes a predominantly residential environment. A takeaway at this location would impact significantly upon the residential amenity from 6.00 pm onwards by virtue of noise generated by manoeuvring vehicles, doors opening and closing and possibly rowdy behaviour. This then is a perceived harm to the residential amenities, particularly to those dwellings located at either side of the subject property.

Turning to highway matters there is unrestricted parking along either side of High Street, off which there is also a public car park. The third party representations received from local residents highlights their concern with regard to the on-street parking that is only available during the daytime. Neighbours indicate that at evening time there is little if any on-street parking available.

Given that takeaway premises attract a car-borne trade the likely competition for parking would generate quick turnover movements entering and leaving the kerbside, often engaging reversing movements in a confined space. This vehicle manoeuvring would eventually interfere with the free flow of traffic.

Whilst it is acknowledged that there is a public car park in relatively close proximity to the application site, a customer would have to walk a minimum of 40m to the proposed facility. It is reasonable to assume that customers to a takeaway facility seek to park as close as possible to the outlet and as a minimum along part of the same street frontage. As only the access lane and not the general parking area of the public car park has direct access off High Street it is likely that customers of the proposed takeaway would seek to park in some fashion along High Street.

One letter of support has been received along with a further letter of general observations regarding the condition of the residential part of the application building. Eight letters of objection have been received on one or more of the following grounds:-

i) noise and disturbance, particularly associated with the vehicular traffic;

ii) parking implications;

iii) the proposed development is inappropriate to a residential street;

iv) an extension of the alleged existing anti-social behaviour associated with the existing hot food takeaway in Cwmamman Road;

v) the proposed development is not appropriate at a location opposite the Bryn Seion Chapel, a Grade II* Listed Building;

vi) there is no need for the proposed takeaway;

vii) odours.

To conclude, it can be said that applications for takeaways always evoke an amotive response. Having taken into consideration all the relevant factors, it is considered on balance, that the premises is not within a primarily retail area and that the residential amenities of those living nearby would be harmed to a significant degree due to increased noise disturbance and vehicular congestion.

RECOMMENDATION - REFUSAL

REASONS

1 The proposed development, if allowed, would cause harm to the residential amenity currently enjoyed by the residents of High Street, by virtue of noise nuisance and vehicular congestion after 6.00 pm in an area of predominantly residential use.