COMMITTEE:

    PLANNING COMMITTEE

DATE:

    8 NOVEMBER 2007

REPORT OF:

    HEAD OF PLANNING

INDEX - AREA SOUTH

Ref

APPLICATIONS RECOMMENDED FOR APPROVAL

Page Nos.

S/15971

Residential development at Machynys Penninsula golf Club, land to the east of Nicklaus Avenue, Llanelli

4-22

S/15973

Engineering operations to provide flood attenuation measures, land re-profiling and new wetland habitat at machynys Penninsula Golf Club, Llanelli

24-39

S/16379

21 No. residential dwellings access road and external works at former Stripmill Public house, Coedcae Road, Llanelli

41-51

S/16862

1 x 3 bed bungalow and detached garage at rear of 16A Statioon Road, Bynea, Llanelli

53-59

S/17234

Detached garage (retrospective application) at Plot A, Part of land adjoining 3 Tyisha Road, Tumble, Llanelli

61-64

S/17381

Proposed two/three storey, split level, four bedroom dwelling with integral garage at Plot 12 Dolau Fan, Burry Port

66-72

S/17467

Renewal of outline permission S/08170 for a single dwelling grante don 28th October 2004 at land adjacent to 25 Elgin Road, Pwll, Llanelli

74-80

Ref

APPLICATIONS RECOMMENDED FOR APPROVAL

Page Nos.

S/15581

Residential development together with associated highway and junction improvements, car parking and servicing, open space and landscaping and other ancillary uses and activities at land at Cefncaeau (located off Maesarddafen Road and Erw Las), Llanelli

83-98

Applications Recommended For Approval

Application No

S/15971

Application Type

Outline

Proposal
& Location

RESIDENTIAL DEVELOPMENT AT MACHYNYS PENINSULA GOLF CLUB, LAND TO THE EAST OF NICKLAUS AVENUE, LLANELLI, CARMARTHENSHIRE, SA15 2DG

Applicant

MACHYNYS HOMES LTD, SAWTREES MANOR, COLD CHRISTMAS LANE, THUNDRIDGE, HERTS, SG12 7SL, (FAO: MR JIM ANDERSON)

Agent

POWELL DOBSON ARCHITECTS, CHARTERHOUSE, LINKS BUSINESS PARK, ST MELLIONS, CARDIFF, CF3 0LT, (FAO: MR MARK FARRAR),

Case Officer

Electoral Ward

RICHARD BOWEN

GLAN Y MOR

Date of Registration:

04 APR 2007

CONSULTATIONS

This application is the subject of a Section 106 Agreement

Head of Transport - Raises no adverse comments subject to the imposition of suitable conditions following a detailed examination of the applicant's Movement Impact Assessment.

Head of Public Protection, Social Care and Housing (Principal Environmental Health Officer) - No response received to date.

Land Drainage - No response received to date.

Head of Public Protection, Social Care and Housing (Principal Housing Officer) - Advises that given the unmet need for affordable home ownership in the area the developer should be required to provide a level of affordable housing within the scheme

Head of School Organisation - Requests that a commuted sum financial contribution towards educational facilities in the area is required in this instance. This contribution will be directly related to the number of units proposed.

Head of Corporate Property - No response received to date

Local Members - County Councillor D A Tucker is a substitute Member of the Planning Committee and has therefore made no prior comment. County Councillor G F Meyler has not commented to date on this application.

Llanelli Town Council - Recommend approval to this application.

Dwr Cymru/Welsh Water - Consider that the development is acceptable on the basis that the flows generated from the development do not exceed a specified volume and request the imposition of a suitable condition on any outline permission granted.

Environment Agency - Advise that the site lies within a C1 Zone as identified by the development area maps referred to under TAN15 Development and Flood Risk (July 2004). Based on the FCA submitted it is confirmed that the site is within the fluvial flood plain of the Dafen River. The basis of the mitigation measures set out in the FCA relate to the raising of the application site by a maximum of 2 metres in order to establish a development plateau at 6.11m AOD. The above works are the subject of a separate planning application (Ref S/15973) which is to be reported to this Committee. The Agency advised that the initial FCA did not provide sufficient evidence to show that the flood risk to the site could be acceptably managed. As a result further information was submitted to the Agency in an attempt to overcome their concerns but to date no further comments have been received from the Agency. The Agency also question the sustainability of the proposal given the volume of infilling to facilitate the development. All further comments and observations from the Agency will be reported as part of the addendum to this particular application.

Wales & West Utilities - Advise on the presence of any apparatus within the vicinity of the application site.

Cambria Archaeology - Acknowledge that the application is accompanied by a Archaeological desk based assessment but requested that a condition is imposed on any planning permission granted requiring the applicant to secure the implementation of a programme of archeological work in accordance with a written scheme of investigation.

Countryside Council for Wales - Advise that they have examined the assessment of likely significant effects under the Habitat Regulations undertaken by the Authority in relation to the proposed development and concur that the development should have no significant effects on the Carmarthen Bay and Estuaries SAC and Burry Inlet SPA.

Neighbours/Public - The application was advertised by virtue of a site and press notices. No responses have been received to date.

RELEVANT PLANNING HISTORY

The following applications have been received on the application and nearby sites:

S/15973 Engineering operations to provide flood attenuation measures,

LL/1599 Mixed use development comprising of housing, golf

S/1840 Construction of golf course and driving range with

S/821 Executive housing development, golf course,

S/91 Millennium Coastal Park II - 9 hole golf

S/995 Proposed footpath and cycleway including

Full planning permission 30 January 1998

D5/13159 Executive housing development within a golf

D5/10580 Municipal golf course.

The site and the surrounding area have been the subject of numerous planning applications over the past 10 years or so with outline planning permission granted in November 1996 for 'Machynys Coastal Park II Nine hole golf course etc.' (S/91).

Full planning permission was subsequently granted in October 1997 for approximately 225 acres (91 hectares) of executive housing, golf course, cycleway, footpaths and sea marsh village comprising holiday accommodation (S/821).

Following this full planning permission was granted in August 1999 for 'Construction of golf course and landscape and water features being part of the Millennium Coastal Park Development' (S/1840).

Outline planning permission was granted on the site in July 2002 for mixed use development comprising housing, golf driving range, hotel, convenience store and retirement home (LL/1577). This showed residential development adjacent and parallel to Nicklaus Avenue.

A reserved matters application was granted for permission in July 2003 for the Machynys Peninsula Clubhouse (LL/4216).

In addition a reserved matters application was granted in September 2005 for a new driving range adjacent to Nicklaus Avenue in the location that was previously shown for residential development.

Finally, an application is currently pending determination and will be presented to this Committee for the raising of ground levels and various engineering works on the site in order to safeguard the existing golf course from flooding and create a development plateau for future residential development.

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 is located to the south of Llanelli and currently lies within the overall boundaries the Machynys Peninsula Golf Course and Country Club. The site is bounded to the north by the Coastal Link Road, and to the west by Nicklaus Avenue which terminates at the Golf and Country Club. The site is bounded to the east and south by the golf course.

Land to the north-east of the site is currently subject to construction works for the Llanelli Link Road from the Morfa Cross Roundabout eastwards to Berwick. This will eventually comprise the Southern Llanelli bypass connecting the M4 (east of Llanelli) with Sandy (west Llanelli) and provide access to new residential, commercial and leisure developments to the south east of the town.

The site is located within an area of flat coastal land north of the Loughor Estuary. The land in general lies at between 3.5m and 4.5m AOD with a localized high point within the site at above 6m towards the centre of the site. The predominant land cover within the site is that of rough and in places marshy grassland divided by gappy hedgerows, the remains of field boundaries. Those hedgerows are untrimmed, generally of medium height and predominantly composed of hawthorn and bramble with occasional elder and willow. To the south of the site the vegetation within the golf course comprises grassland of varying heights with occasional clumps of hawthorn and willow and areas of reeds within the lakes and streams.

In order to facilitate residential development on the site a level of engineering works are required to be undertaken. The land profiling which is the subject of the engineering planning application is submitted concurrently and is to be reported to this Committee for determination. It is intended that the eventual land-form is made to appear as 'un-engineered' as possible through the use of a range of batter inclines, thereby helping to render it incongruous in the landscape. The development site area of the plateau to be created where the residential dwellings are to be sited is 6.9 hectares although the total area including the batters to ground level is 8.7 hectares.

THE PROPOSAL

The application seeks outline planning permission for residential development comprising 189 units of one, two, four and five bedroom dwellings on 8.7 hectares of land that is being re-profiled as part of the above mentioned engineering application together with associated highway improvements. All matters other than access are reserved for future consideration.

An indicative layout showing the development has been submitted with the application. The layout whilst illustrative includes a boardwalk structure long the southern of the residential development to allow passive recreation. This will have considerable potential for ecological interpretation / education, linking in with the existing footpath network, and would include appropriate seating / viewing points to maximise the benefits of this location. It will provide a usable, attractive and unique recreation area adding to the range and choice of space in the local area

Access to the site which is to be considered at this particular stage is to be via a single point from the newly constructed roundabout at Morfa Cross (part of the Morfa/Berwick Link) on the Coastal Link Road. The spur off the new roundabout is in place at present in anticipation of future development in the area.

The following detail was submitted for consideration during the application process:

· Planning Application Supporting Statement

· Illustrative Layout Plan

· Flood Consequence Assessment Report

· Movement Impact Assessment

· Ecological Assessment

· Archaeological Desk Based Assessment

· Site Investigation Report

· Landscape Impact & Design Statement

· Noise and Air Quality Assessments

Members will no doubt recall that outline planning permission for residential development of some 176 units over an area of 7.08 hectares was recently approved on land at Machynys West under code reference S14180.

PLANNING POLICIES

Local Planning Policy Context

The majority of the application site is located within the defined settlements of Llanelli as delineated in the Adopted Carmarthenshire Unitary Development Plan, 2006 and is in fact designated as a Planning and Development Brief Site. The remainder of the site which equates to some 10 - 15% lies outside development limits.

In respect of the applications policy context reference is drawn to the following policies: -

Policy GDC1 of the Adopted Carmarthenshire Unitary Development Plan, 2006 promotes environmentally sustainable proposals and encourages the utilisation of vacant, underused or previously developed land.

Policy GDC2 of the Adopted 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 GDC3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 relates to proposals for development within the countryside.

Policy GDC8 of the Adopted Carmarthenshire Unitary Development Plan, 2006 requires proposed development to have full regard to the physical character and topography of the site.

Policy GDC14 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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 GDC15 of the Adopted Carmarthenshire Unitary Development Plan, 2006 refers to contaminated land and previously developed land. It states that prior to the granting of planning permission for development on derelict previously developed sites or contaminated land, the developer will be required to demonstrate that all possible problems, risks and hazards associated with the use of the land have been fully investigated by an independent expert and that effective remedial measures in accordance with best practice can be implemented where required. The developer will also be required to demonstrate that any risks to public health, safety or the environment on and off site can be removed prior to the commencement of development.

Policy GDC20 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that proposed developments should make provision for appropriate and comprehensive landscaping design.

Policy GDC30 of the Adopted Carmarthenshire Unitary Development Plan, 2006 advises on development and flood risk areas, and seeks to ensure that it can be adequately demonstrated that the development is not at risk of flooding by undertaking if necessary a detailed Flood Consequence Assessment.

Policy GDC32 of the Adopted Carmarthenshire Unitary Development Plan, 2006 advises that development proposals will mainly be located within development limits.

Policy GDC 33 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that the Authority will seek to negotiate contributions from developers to fund community facilities, affordable housing, education facilities and highway works etc providing that the contribution is directly and reasonably related to the development; relevant to planning, reasonable and necessary.

Policy GDC34 of the Adopted Carmarthenshire Unitary Development Plan, 2006 affords priority to the development of previously developed land in preference to greenfield land.

Policy H2 of the Adopted Carmarthenshire Unitary Development Plan, 2006 permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan.

Policy H4 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that where there is a demonstrable lack of affordable housing to meet proven local needs, developers will be required to include a reasonable element of affordable housing in appropriate development schemes within the defined settlement limits. The future occupancy of such provision needs to be controlled to ensure that these units remain affordable in perpetuity.

Policy H18 of the Adopted Carmarthenshire Unitary Development Plan, 2006 refers to residential planning and development briefs and states that where a planning application is submitted in advance of such a brief being written; the proposal will be evaluated and determined in accordance with all relevant policies of the plan

Policy E15 of the Adopted Carmarthenshire Unitary Development Plan, 2006 identifies Machynys as a strategic regeneration site. Policy E17 goes on to state that the authority will require the production of planning and development briefs on such sites. PDB 9 contained in Appendix 3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 identifies Machynys (East) as a mixed use development site of around 18.2 hectares adjoining a current golf course and residential development. The UDP itself identifies a number of Planning and Development Brief sites throughout the county, which have the potential to contribute 1,802 dwellings during the plan period.

Policy T1 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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.

Policy T3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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 BE3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that where development is proposed on or near sites of archaeological interest, an archaeological assessment will be required prior to the determination of the application.

From a nature conservation perspective the Loughor Estuary is designated as a Site of Special Scientific Interest (SSSI) and also forms part of the Carmarthen Bay & Estuaries Marine Special Area of Conservation. Policy EN2 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that planning permission will not be granted for proposals which will harm such sites. Reference is drawn to Policies EN5, EN6 and EN9, 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 REC8 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that new residential developments of 10 or more dwellings will be expected to make provision for open space within the confines of the application site. Alternatively negotiation towards a commuted sum for off site play provision in the community may be sought.

Policy UT1 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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.

Policy UT7 of the Adopted Carmarthenshire Unitary Development Plan, 2006 refers to sewerage development whilst Policy UT8 refers to surface water, which promotes the use of Sustainable Urban Drainage Systems.

Policy UT11 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that development on or adjacent to contaminated land will only be permitted where the site has been appropriately investigated and risk assessed. Furthermore practicable and effective measures will be undertaken on and off site prior to the commencement of development, to ensure that there is no unacceptable risk of harm to public health, the environment of the development and its occupiers and users.

National Planning Policy Context

The relevant national planning policy guidance comprises Planning Policy Wales (PPW), which is supplemented by various Technical Advice Notes (TAN's). These documents should be read in conjunction with The Wales Spatial Plan (WSP), which reflects the planning policies set out in PPW.

The WSP sets out a strategic framework to guide development across Wales, and its core theme seems to focus around promoting sustainable development. The WSP sets out visions for different areas of Wales. The vision for the 'Swansea Bay - Waterfront and Western Valleys' area, which includes Llanelli is:

'An area of planned sustainable growth and environment improvement, realising its potential, supported by integrated transport within the area and externally and spreading prosperity to support the revitalisation of West Wales'

One of the main elements of the strategy for the area is the development of a modern, attractive and vibrant waterfront urban area, which stretches from Port Talbot in the east through to Burry Port in the west taking in Neath, Swansea and Llanelli.

The Plan recognises that the area has the potential to become a key driver of the Welsh economy and development should be focused on Port Talbot, Neath, Swansea, and Llanelli prioritising the use of the abundant supply of brownfield land.

PPW sets out the land planning policies of the Welsh Assembly Government. This contains guidance on the preparation of development plans and on deciding individual planning applications. The thrust of the document yet again places emphasis upon promoting sustainable development, encouraging the use of previously developed land and minimising the demand for travel.

This PPW is supplemented by various TAN's which provide more in depth guidance on specific issues. In this instance guidance contained in the following TAN's are applicable:

· TAN2 Planning and Affordable Housing

· TAN5 Nature Conservation and Planning

· TAN12 Design

· TAN18 Transport

· TAN15 Development and Flooding

THIRD PARTY REPRESENTATIONS

Planning Policy

As previously mentioned the majority of the application site is identified as a strategic regeneration site in the Adopted UDP. The site's designation as a Planning and Development Brief site is confirmed, which included residential as a potential use for the site, together with a possibility of some employment and amenity use in a mixed development scheme.

Whilst at this juncture the Planning and Development Brief has yet to be prepared, the Authority are of the opinion that the proposed development is not considered to be in conflict with the envisaged use, and there would not therefore be any policy objection to the proposal.

As indicated a small percentage of the application site along its south eastern area lies outside the scope of the Development Brief Site and also outside the recognized settlement development limits. It is apparent from a detailed examination of the area of land the subject of the Brief Site that the boundaries have been formulated on an arbitrary basis without any reference to existing landscape features on the site. The southern boundary of the application site as submitted follows a distinct topographical feature which forms a natural boundary to the golf course development to the south.

Members should be aware that the this application only encompasses part of the overall Development Brief Site, a large tract of land to the west which runs in a southerly direction parallel with Nicklaus Avenue and forms a significant part of the Brief Site is no longer considered available for development. This area was originally envisaged for residential development but due to technical and infrastructure difficulties has been utilized as the golf driving range associated with the adjacent golf course use resulting in a depleted overall area of the Brief Site.

In terms of the local economy there is increasing recognition that the Land Use Planning system should play an increasing role in the development of the economy, a recent announcement of a review of the Planning System in England with the following statement:

'It is vital that the planning system supports sustainable development; which means having proper safeguards for environmental and social considerations. But it also means making sure the planning system is flexible and able to support competition and economic growth across the country.

'We believe the planning system could be improved to support jobs and investment within sustainable communities more effectively. That is why we have asked Kate Barker to look at how the planning system can improve and respond to the modern economic challenges we face.'

The Assembly Government is committed to building a modern economy with a 'broader economic base that provides job opportunities for all and where greater use of modern technology redresses the problems of access and peripherality'

In addition The Wales Spatial Plan identifies the importance of building a sustainable economy, :

We need an innovative, high value economy for Wales, which utilises and develops the skills and knowledge of our people: an economy which both creates wealth and allows that prosperity to be spread throughout Wales: an economy which adds to the quality of people's lives as well as their living and working environments.

Economic factors are clearly issues that can be taken on board and they need to be balanced against the policy conflict that emerge form the UDP. While the policy aspects can be set aside other materials issues should also be taken in account and these are identified below.

Flooding

Considerable concern has also been raised regarding the fact that the site lies within the C1 zone. Attention is initially drawn to the comments of the Environment Agency, which clearly have significant implications relating to the development of the site. The Welsh Assembly guidance in the form of Technical Advice Note No.15 'Development and Flood Risk', clearly advises that the susceptibility of a site to flooding is a material planning consideration. The site is identified as lying within an area of flood plain which has limited flood defence infrastructure protecting it from tidal inundation, the TAN refers to such areas as lying within Zone C1 and states that highly vulnerable development (which encompasses residential development) should not be considered on such sites. Policy GDC30 of the Unitary Plan sets out prevent development which would be at an unacceptable risk of flooding.

A detailed FCA and supplementary information prepared in support of the planning application by Waterman Quadrant Consultants has been submitted and is currently under further consideration by the Environment Agency.

Visual/Landscape Impact

The application is accompanied by a Landscape & Visual Impact Assessment which establishes the visual context of the site within the surrounding landscape and seeks to assess the impact the development would have on long, medium and close range views. It is clear that as a result of existing and current developments the landscape structure of the site and its surroundings has already been disrupted. It is inevitable that some existing vegetation would be lost as a result of the development of the site for a residential use, but new planting incorporated as part of a comprehensive development would enhance the character of the development and assist in its integration into the surrounding area. The above coupled with the creation of the flood storage cell on the land adjacent would enhance the character of the existing landscape and extend the variety of habitat.

Clearly, as a result of the proposed residential development and flood engineering works there would be changes to the existing topography with an increase in levels of some 2.5m to 1.5m required to create the development plateau. The gradient proposed between the plateau and adjoining golf course would be engineered to integrate into the existing landscape in order to reflect the surrounding landscape features.

The proposed residential development would have some impact on the existing medium and short range views especially from the open public areas of the Millennium Coastal Park cycleway to the south. However, the development would be set against the background of the existing Trostre Works, industrial units and the line of pylons and a sensitively designed and landscaped scheme would mitigate against any visual impact.

Sustainability

As addressed in the detailed appraisal for the application for the proposed flood alleviation and engineering works (Application Ref S/15793), the development of the site will require the importation of a significant volume of fill material over a three year period in order to achieve the development plateau level. Clearly, the issue of the sustainability of such works and the level vehicular traffic generated by such works must be examined.

The application site as mentioned above the Carmarthenshire Unitary Development Plan, 2006 identifies Machynys as a strategic regeneration site and in relation to the application site earmarks Machynys (East) as a mixed use development site of around 18.2 hectares adjoining a current golf course and residential development.

The above strategic regeneration aims are also reinforced by The Wales Spatial Plan (WSP), which reflects the planning policies set out in PPW.

The WSP sets out visions for different areas of Wales. The vision for the 'Swansea Bay - Waterfront and Western Valleys' area, which includes Llanelli is:

'An area of planned sustainable growth and environment improvement, realising its potential, supported by integrated transport within the area and externally and spreading prosperity to support the revitalisation of West Wales'

One of the main elements of the strategy for the area is the development of a modern, attractive and vibrant waterfront urban area, which stretches from Port Talbot in the east through to Burry Port in the west taking in Neath, Swansea and Llanelli.

The Plan recognises that the area has the potential to become a key driver of the Welsh economy and development should be focused on Port Talbot, Neath, Swansea, and Llanelli prioritising the use of the abundant supply of brownfield land.

The development of the site for residential development requires the raising of levels in order to protect it from potential flooding, should the site not come forward as identified within the UDP this may result in the sterilisation of the site in the long term to the overall detriment of the regeneration of the surrounding area and the future viability of the current golf course development adjacent.

On balance it is considered that the concerns relating to the importation of fill material and the modest daily vehicular traffic movements associated with it are off set by the net overall benefit which the development of this brownfield site would have to the continuing regeneration of this part of the Llanelli Waterside area.

Ecological/Habitat Impacts

The application site and the surrounding area occupy a highly sensitive location being adjacent to the Carmarthen Bay & Estuaries SAC and the Burry Inlet SPA and RAMSAR Site as well as Machynys Ponds SSSI. The existing golf course is renowned for its significant ecological value which has been achieved through good golf course design combined with a landscape management strategy which ensures that habitats are retained and managed considerately.

The proposal has been subject to an on-going design process to minimise the impact on the existing ecological interests, mitigate any impact where necessary, but most importantly, to maximise the potential for the creation of new habitat areas. A number of Ecological documents were submitted with this application with the extended Phase I Habitat Survey recommending that, from the survey work undertaken to date, a number of Phase II Surveys should be carried out prior to construction works taking place, and that the opportunity should be taken to enhance existing and create new habitat for otters, water voles, and retiles. A separate Ornithological Scoping Survey Report was undertaken which recommended further studies including a Breeding Birds Survey. A number of recommendations are also put forward in order to safeguard ornithological interests at the site.

Detailed discussions have been ongoing between the applicant's agents and the Department's Biodiversity Officer, officers from both Countryside Council for Wales and the Environment Agency regarding ecological and habitat concerns.

Following the resolution of a number of technical issues regarding the design of the flood attenuation scheme it has been confirmed that the developments as proposed will not have any adverse impact on the existing habitat or species and it is likely that the actions as outlined in the applicant's Habitat Management Plan will have a positive impact on water vole and otter species with the creation of a new water feature improving the overall habitat value of the area.

It should also be noted that given the status of the adjacent SAC and SPA as sites of European importance the Authority have undertaken an assessment of likely significant effects under the Habitat Regulations in relation to the proposed development which concludes that the development should have no significant effects on the Carmarthen Bay and Estuaries SAC and Burry Inlet SPA. The above viewpoint is confirmed by the Countryside Council for Wales.

Infrastructure Constraints

As can be noted from the consultation reply received from the Head of Transport, following detailed examination of the MIA submitted in support of the scheme it was considered that the capacity of the existing highway infrastructure network to serve the development is adequate.

With regard to the issue of the capacity of the existing foul sewerage infrastructure within the vicinity of the site. Welsh Water/Dwr Cymru have advised that any flows should be restricted and to this effect a suitable condition has been suggested to prevent any overloading.

Environmental Impacts

Detailed reports were submitted with the application and in terms of air quality, these focused on nitrogen dioxide NO2 and particulate matter PM10 as these are the two pollutants particularly associated with traffic emissions - the main generator of air quality pollutants from residential developments.

Predictive air quality modelling concluded that as a result of the development the impact on air quality did not exceed the U.K. annual mean objective for NO2 and PM10 at the modelled locations in the vicinity of the site.

It confirms that the air quality impact from the operational traffic generated by the residential development of the Machynys Site will not be significant and will not require the designation of a new Air Quality Management Area. The effect of the additional vehicle emissions associated with the development is considered to be negligible.

A noise assessment was also undertaken for the residential development. The developments impact in noise levels on existing receptors will not be significant or perceptible. Whilst the site will create a minor increase in noise this will not be perceived as there are no sensitive receptors currently exist within the site or in the surrounding area.

Community Benefits

As Members are aware the LPA usually seek Community Benefit contributions towards affordable housing, education and open play space from developments in excess of 10 residential units in urban areas. The relevant service areas within the Authority provide information in relation to their requirements based upon need, priority, etc. In this instance the applicant has submitted detailed mitigation information in relation to the high abnormal costs involved in developing the site for development.

Those costs have been independently scrutinised by a technical consultant engaged by the Council who concludes that there is no doubt that the abnormal costs are very high to develop the site but the value of the land is favourable and as such the proposed development would appear to be viable. However, it is concluded that the contributions required as part of any Section 106 Agreement would further add to the cost of the development of the site and especially in relation to the normal percentage of affordable housing required as part of the scheme render it non economic to proceed and the proposed flood engineering works to the golf course itself in doubt.

The proposal engineering works are required to prevent Machynys Peninsula Golf Course from flooding thus ensuring that this highly significant tourism and economic asset is able to realise its full potential as flooding prevents continual year-round use of the full course thus ensuring its long term economic viability.

As such the Council have agreed in this instance based on the verification of the high level of abnormal costs involved in the development that a reduced percentage of affordable units on the site are acceptable but that a full rate of education contribution is required. The contributions are set out below and following agreement with the applicant's will form the basis of the heads of terms of the relevant agreement.

Education: £431,480 (Based on a contribution from 161 No. dwellings at £2.680 per dwelling).

Affordable Housing: 5% the type, mix and tenure to be agreed.

In relation to open space the applicant proposes the creation of a boardwalk along the southern fringe of the development which will effectively sit above the level of the course and overlook the 3rd, 4th and 5th holes. The boardwalk will be maintained by the applicant or future developer and allow the general public access to the area thus opening up an area otherwise restricted due to landuse constraints. The provision of such a public facility will be secured through the imposition of a suitable condition on any outline permission granted.

In addition Members should be aware that a financial contribution may be required in association with the implementation of the proposed Habitat Management Plan.

CONCLUSION

The application itself was screened to see whether an Environmental Impact Assessment was required in this instance. The view was taken that an EIA was not required in this instance. The Countryside Council for Wales also confirmed that in their opinion the Local Authority, as the competent authority were required to undertake an 'Appropriate Assessment' under the Habitats Regulations, which concluded that the scheme would not have ant significant adverse effect.

The view is taken that the proposed development of this site certainly accords with the key objectives of the UDP and National Planning Policy in terms of regeneration and sustainability and is recommended for approval subject to a Section 106 Agreement in respect of affordable housing and education contributions.

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

RECOMMENDATION - APPROVAL

CONDITIONS

1 The permission now granted is in 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 1:2500; 1:1000 scale plans received on 18th September, 2006.

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

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

5 No development shall take place until full details of landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include (indications of planting plans; written specifications; schedules of plants, noting species, plant sizes and proposed numbers/densities; implementation and maintenance programme). Any landscaping for this application site must take into consideration the coastal habitat in which the application site is situated. A planting scheme should consist of native species of local provenance. The landscaping scheme should not be one of over management and should be mindful of the opportunities for biodiversity by using appropriate native species. All landscaping 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.

6 No development approved by this planning permission shall be commenced until:

7 If during development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the LPA) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, an addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.

8 No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water and foul drainage works (designed with a maximum flow discharge rate of 8 litres/second) has been submitted to and approved in writing by the Local Planning Authority. Such a scheme as approved shall be implemented prior to the beneficial occupation of any dwellings on the site.

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

10 Any subsequent full or reserved matters submission shall make provision within the scheme for a dedicated public boardwalk along the southern periphery of the site, the siting, design and future management of which shall be agreed in writing with the Local Planning Authority.

11 Any subsequent reserved matters or detailed application shall be accompanied by a scheme for the provision and implementation of a surface water regulation system to be submitted to and approved in writing by the Local Planning Authority.

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 In the interest of visual amenities.

6,7

& 11 To prevent pollution of the water environment and protection of controlled waters.

8 To prevent the hydrological overloading of the existing foul sewerage system.

9 To protect historic environment interests whilst enabling development.

10 In order to secure the interests of allowing public access.

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 properties.

· 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 GDC15 of the UDP in that the applicant/developer has demonstrated the development of this previously developed site will not create any risks or hazards to public health, safety or the environment.

· The proposal complies with Policy GDC30 of the UDP in that it can be adequately demonstrated that the site is not at risk of flooding.

· The proposal complies with Policy GDC33 of the UDP in that the applicant/developer has agreed to contribute towards community benefits.

· The proposal complies with Policy GDC34 of the UDP in that involves the development of previously developed land.

· 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 H4 of the UDP in that the applicant/developer has agreed to provide an element of affordable housing within the scheme.

· The proposal complies with Policy E15 of the UDP in that it involves the development of a strategic regeneration site.

· The proposal complies with Policy E17 of the UDP in that it involves the development of a strategic regeneration site and is not in conflict with the envisaged use for that site.

· 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 BE3 of the UDP in that an archaeological assessment was submitted with the application.

· 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 REC8 of the UDP in that provision for open space has been 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.

· The proposal complies with Policy UT7 of the UDP in that the proposed sewerage development associated with the development of the site is deemed as being acceptable.

· The proposal complies with Policy UT8 of the UDP in that adequate surface water disposal methods can be put in place.

· The proposal complies with Policy UT11 of the UDP in that the risk from contaminated land has been investigated and appropriate remedial measures identified.

NOTE(S)

1 It is the responsibility 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. Any amendment or alteration of an existing public highway in connection with a new development shall be undertaken under a Section 278 Agreement of the Highways Act 1980. It is the responsibility of the developer to request the Local Highway Authority to proceed with this agreement, and the total cost of completing such an agreement shall be born by the developer.

2 Further advice and guidance from the Environment Agency is contained in their letter appended to this planning permission. The applicant/developer is advised to contact the Environment Agency to discuss issues relating to contaminated land.

3 Further advice and guidance from the Authority' Environmental Health Officer in relation 'Land Contamination: A Guide for Developers' is appended to this permission. The applicant/developer is advised to contact the Authority's Environmental Health Department to discuss issues relating to contaminated land.

4 Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 16th July, 2007 appended to this planning permission.

5 Further advice and guidance from Wales & West Utilities is contained in their letter dated the 23rd April, 2007 appended to this planning permission.

6 The applicant/developer will be expected to act upon the ecological constraints and opportunities identified in the Ecological Assessment Report and Habitat Management Plan undertaken by RPS Consultants and submitted with the application. Any reserved matters or full planning application should include details showing how these recommendations have been acted upon.

7 Further advice and guidance from Cambria Archaeology is contained in their letter dated the 14th May, 2007 appended to this planning permission.

8 The developer is recommended to satisfy the Director of Operations, Chief Assistant (Hydrology), Parc Myrddin, Carmarthen of the 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.

9 The applicant/developer is advised that a detailed Design Statement in accordance with TAN12 should accompany any reserved matters or full planning application.

10 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.

11 This application is subject to a Section 106 Agreement or Unilateral Undertaking (by virtue of the Town and Country Planning Act 1990 (as amended) to been agreed, completed and signed (at the expense of the applicant), which secures al contributions (as necessary and specified by the Local Planning Authority) towards: the provision of a percentage of affordable units within the proposal the type, location and tenure to be agreed with the local planning Authority and a financial sum towards the improvement of education facilities in the area.

Application No

S/15973

Application Type

Full Planning

Proposal
& Location

ENGINEERING OPERATIONS TO PROVIDE FLOOD ATTENUATION MEASURES, LAND RE-PROFILING, AND NEW WETLAND HABITAT AT MACHYNYS PENINSULA GOLF CLUB, LLANELLI, CARMARTHENSHIRE, SA15 2DG

Applicant

MACHYNYS HOMES LTD, SAWTREES MANOR, COLD CHRISTMAS LANE, THUNDRIDGE, HERTS, SG12 7SL, (FAO: MR JIM ANDERSON)

Agent

POWELL DOBSON ARCHITECTS, CHARTERHOUSE, LINKS BUSINESS PARK, ST MELLIONS, CARDIFF, CF3 0LT, (FAO: MR MARK FARRAR),

Case Officer

Electoral Ward

RICHARD BOWEN

GLAN Y MOR

Date of Registration:

04 APR 2007

CONSULTATIONS

Head of Public Protection, Social Care and Housing (Principal Environmental Health Officer) - No response received to date.

Land Drainage - No response received to date.

Head of Corporate Property - No response received to date

Local Members - County Councillor D A Tucker is a substitute Member of the Planning Committee and has therefore made no prior comment. County Councillor G F Meyler has not commented to date on this application.

Llanelli Town Council - Recommend approval on this application.

Dwr Cymru/Welsh Water - Consider that the development is acceptable and raise no objection.

Environment Agency - Advise that the site lies within a C1 Zone as identified by the development area maps referred to under TAN15 Development and Flood Risk (July 2004). Based on the FCA submitted it is confirmed that the site is within the fluvial flood plain of the Dafen River. The Agency have confirmed that the engineering works submitted are an acceptable and viable solution to the current flooding problems experienced at the golf course site. The submitted FCA has been scrutinized in detail by the Environment Agency who have advised that it would appear that an exiting historic culvert upstream of the site does limit the volume of water reaching the site. Whilst there are concerns over the maintenance of the culvert it would appear to lie on land outside the control of the applicant and whilst its failure may result in the failure of the proposed flood mitigation works given the fact that it is only the applicants land which would be affected the Agency offer no adverse comments.

The Agency have indicated that they are concerned regarding the sustainability aspects of the importation of fill material to create the development plateau for the future residential development and are not satisfied that the FCA submitted as part of the residential scheme is acceptable.

Wales & West Utilities - Advise on the presence of any apparatus within the vicinity of the application site.

Cambria Archaeology - Acknowledge that the application is accompanied by a Archaeological desk based assessment but requested that a condition is imposed on any planning permission granted requiring the applicant to secure the implementation of a programme of archeological work in accordance with a written scheme of investigation.

Countryside Council for Wales - Advise that they have examined the assessment of likely significant effects under the Habitat Regulations undertaken by the Authority in relation to the proposed development and concur that the development should have no significant effects on the Carmarthen Bay and Estuaries SAC and Burry Inlet SPA.

Neighbours/Public - The application was advertised by virtue of a site and press notices. No responses have been received to date.

RELEVANT PLANNING HISTORY

The following applications have been received on the application and nearby sites:

S/15971 Residential Development.

LL/1599 Mixed use development comprising of

S/1840 Construction of golf course and driving

S/821 Executive housing development,

S/91 Millennium Coastal Park II -

S/995 Proposed footpath and cycleway

Full planning permission 30 January 1998

D5/13159 Executive housing development

D5/10580 Municipal golf course.

The site and the surrounding area have been the subject of numerous planning applications over the past 10 years or so with outline planning permission granted in November 1996 for 'Machynys Coastal Park II Nine hole golf course etc.' (S/91).

Full planning permission was subsequently granted in October 1997 for approximately 225 acres (91 hectares) of executive housing, golf course, cycleway, footpaths and sea marsh village comprising holiday accommodation (S/821).

Following this full planning permission was granted in August 1999 for 'Construction of golf course and landscape and water features being part of the Millennium Coastal Park Development' (S/1840).

Outline planning permission was granted on the site in July 2002 for mixed use development comprising housing, golf driving range, hotel, convenience store and retirement home (LL/1577). This showed residential development adjacent and parallel to Nicklaus Avenue.

A reserved matters application was granted for permission in July 2003 for the Machynys Peninsula Clubhouse (LL/4216).

In addition a reserved matters application was granted in September 2005 for a new driving range adjacent to Nicklaus Avenue in the location that was previously shown for residential development.

Finally, an additional application Ref S/15791) is currently pending determination and will be presented to this Committee seeking outline approval for residential development on the development plateau created as part of these proposed engineering works.

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

This irregular shaped application site is located to the south of Llanelli and currently lies within the overall boundaries the Machynys Peninsula Golf Course and Country Club. The site is bounded to the north by the Coastal Link Road, and to the west by Nicklaus Avenue which terminates at the Golf and Country Club. The site is bounded to the east and south by the Millennium Park Coastal Path and the Loughor Estuary. The total development site area is 17.6 hectares of which 8.7 hectares comprises the plateau (including the batter to ground level) which is proposed for residential development. The proposed engineering works essentially follow the northern, eastern, and southern boundary of the Machynys Peninsula Golf Course.

Land to the north-east of the site is currently subject to construction works for the Llanelli Link Road from the Morfa Cross Roundabout eastwards to Berwick. This will eventually comprise the Southern Llanelli bypass connecting the M4 (east of Llanelli) with Sandy (west Llanelli) and provide access to new residential, commercial and leisure developments to the south east of the town.

The site is located within an area of low level, open, flat coastal land north of the Loughor Estuary on the periphery of the Machynys Peninsula Golf Course. The total development site area is 17.6 hectares the extent of which essentially follow the northern, eastern, and southern boundary of the Machynys Peninsula Golf Course.

The land in general lies at between 3.5m and 4.5m AOD with a localized high point within the site at above 6m towards the centre of the site. The predominant land cover within the site is that of rough and in places marshy grassland divided by gappy hedgerows, the remains of field boundaries. Those hedgerows are untrimmed, generally of medium height and predominantly composed of hawthorn and bramble with occasional elder and willow. To the south of the site the vegetation within the golf course comprises grassland of varying heights with occasional clumps of hawthorn and willow and areas of reeds within the lakes and streams.

THE PROPOSAL

The application seeks full planning permission for the engineering operations. The proposal is required to prevent Machynys Peninsula Golf Course from flooding. This highly significant tourism and economic asset is not currently able to realise its full potential as flooding prevents continual year-round use of the full course. As a result of the of engineering works which are required to be undertaken. The land profiling will create a development site area or plateau where residential development is proposed. are to be sited is 6.9 hectares although the total area including the batters to ground level is 8.7 hectares. In brief the works proposed comprise of:

· The creation of a flood attenuation area in the north-eastern corner of the site;

· The construction of a bund along the right bank of the Afon Dafen;

· The installation of an additional outfall to the Estuary adjacent to the existing outfall and;

· The raising of land to the east of Nicklaus Avenue including a batter which is designed to enhance the landscape value through the use of a range of inclines.

The following detail was submitted for consideration during the application process:

· Planning Application Supporting Statement

· Flood Consequence Assessment Report

· Movement Impact Assessment

· Ecological Assessment

· Archaeological Desk Based Assessment

· Site Investigation Report

· Landscape Impact Statement

Members will no doubt recall that outline planning permission for residential development of some 176 units over an area of 7.08 hectares was recently approved on land at Machynys West under code reference S14180.

Planning Policies

Local Planning Policy Context

Part of the application site is located within the defined settlements of Llanelli as delineated in the Adopted Carmarthenshire Unitary Development Plan, 2006 and is in fact designated as a Planning and Development Brief Site. The remainder of the site which extends in a southerly direction lies outside development limits.

Policy GDC1 of the Adopted Carmarthenshire Unitary Development Plan, 2006 promotes environmentally sustainable proposals and encourages the utilisation of vacant, underused or previously developed land.

Policy GDC2 of the Adopted 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 GDC15 of the Adopted Carmarthenshire Unitary Development Plan, 2006 refers to contaminated land and previously developed land. It states that prior to the granting of planning permission for development on derelict previously developed sites or contaminated land, the developer will be required to demonstrate that all possible problems, risks and hazards associated with the use of the land have been fully investigated by an independent expert and that effective remedial measures in accordance with best practice can be implemented where required. The developer will also be required to demonstrate that any risks to public health, safety or the environment on and off site can be removed prior to the commencement of development.

Policy GDC30 of the Adopted Carmarthenshire Unitary Development Plan, 2006 advises on development and flood risk areas, and seeks to ensure that it can be adequately demonstrated that the development is not at risk of flooding by undertaking if necessary a detailed Flood Consequence Assessment.

Policy GDC32 of the Adopted Carmarthenshire Unitary Development Plan, 2006 advises that development proposals will mainly be located within development limits.

Policy GDC34 of the Adopted Carmarthenshire Unitary Development Plan, 2006 affords priority to the development of previously developed land in preference to greenfield land.

Policy E15 of the Adopted Carmarthenshire Unitary Development Plan, 2006 identifies Machynys as a strategic regeneration site. Policy E17 goes on to state that the authority will require the production of planning and development briefs on such sites. PDB 9 contained in Appendix 3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 identifies Machynys (East) as a mixed use development site of around 18.2 hectares adjoining a current golf course and residential development. The UDP itself identifies a number of Planning and Development Brief sites throughout the county, which have the potential to contribute 1,802 dwellings during the plan period.

Policy T1 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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.

Policy T3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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 BE3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that where development is proposed on or near sites of archaeological interest, an archaeological assessment will be required prior to the determination of the application.

From a nature conservation perspective the Loughor Estuary is designated as a Site of Special Scientific Interest (SSSI) and also forms part of the Carmarthen Bay & Estuaries Marine Special Area of Conservation. Policy EN2 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that planning permission will not be granted for proposals which will harm such sites. Reference is drawn to Policies EN5, EN6 and EN9, 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 UT7 of the Adopted Carmarthenshire Unitary Development Plan, 2006 refers to sewerage development whilst Policy UT8 refers to surface water, which promotes the use of Sustainable Urban Drainage Systems.

Policy UT11 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that development on or adjacent to contaminated land will only be permitted where the site has been appropriately investigated and risk assessed. Furthermore practicable and effective measures will be undertaken on and off site prior to the commencement of development, to ensure that there is no unacceptable risk of harm to public health, the environment of the development and its occupiers and users.

National Planning Policy Context

The relevant national planning policy guidance comprises Planning Policy Wales (PPW), which is supplemented by various Technical Advice Notes (TAN's). These documents should be read in conjunction with The Wales Spatial Plan (WSP), which reflects the planning policies set out in PPW.

The WSP sets out a strategic framework to guide development across Wales, and its core theme seems to focus around promoting sustainable development. The WSP sets out visions for different areas of Wales. The vision for the 'Swansea Bay - Waterfront and Western Valleys' area, which includes Llanelli is:

'An area of planned sustainable growth and environment improvement, realising its potential, supported by integrated transport within the area and externally and spreading prosperity to support the revitalisation of West Wales'

One of the main elements of the strategy for the area is the development of a modern, attractive and vibrant waterfront urban area, which stretches from Port Talbot in the east through to Burry Port in the west taking in Neath, Swansea and Llanelli.

The Plan recognises that the area has the potential to become a key driver of the Welsh economy and development should be focused on Port Talbot, Neath, Swansea, and Llanelli prioritising the use of the abundant supply of brownfield land.

PPW sets out the land planning policies of the Welsh Assembly Government. This contains guidance on the preparation of development plans and on deciding individual planning applications. The thrust of the document yet again places emphasis upon promoting sustainable development, encouraging the use of previously developed land and minimising the demand for travel.

This PPW is supplemented by various TAN's which provide more in depth guidance on specific issues. In this instance guidance contained in the following TAN's are applicable:

· TAN5 Nature Conservation and Planning

· TAN12 Design

· TAN15 Development and Flooding

THIRD PARTY REPRESENTATIONS

Flooding

The complex nature of the flooding regime around the site means that the most effective method to resolve the issue is likely to be achieved through a combination of measures. The construction of an additional tidal outfall beneath the exiting tidal defence will allow full flood flow at this point in the Afon Dafen to drain freely without backing up the golf course. Having increased the capacity of the outfall into the estuary it is also necessary to ensure the capacity of the main channel into the Afon Dafen is sufficient to accommodate peak flows without spilling onto the course. In order to achieve the above it is proposed following detailed hydraulic modeling of the river that the right hand bank be raised to around 4.35m AOD and a bund constructed between the Dafen and the course.

In addition it is intended to replace each connection between the Dafen and the course land drainage system will be replaced by a flap-valve structure to prevent egress o flood water on the course.

These measures in themselves will not fully address the current problem as there is a need to manage flood flows during times of tide lock. To this effect it is proposed to construct a storage cell along the northern boundary of the course (the capacity of which is 36,000 cubic metres) which in association with the existing ditches and lakes will cater for flood storage during periods of tidal lock. The release from both the golf course and the storage cell back into the Afon Dafen will be designed in order that the impounded floodwaters may drain back into the main channel of the Dafen when the flood waters recede.

The proposed measures clearly show that the level of flood protection of the course can be significantly improved from less than a mean annual flood event to a 1 in 1000 year (0.1% probability) event with no tide lock conditions. In the event of a breach in the flood alleviation works or flood events with longer storm durations which span over a number of tide lock periods, the floodwaters would spill onto the course but would due to the additional tidal outfall be considerably lower than that experienced under the existing system. The works would not adversely effect the existing coastal path between the Dafen and the existing flood defences or any third party land upstream. As such it is considered that the proposed works will not adversely effect the existing hydrological regime and satisfy the requirements set out in TAN 15.

The submitted FCA has been scrutinized in detail by the Environment Agency who have advised that it would appear that an exiting historic culvert upstream of the site does limit the volume of water reaching the site. Whilst there are concerns over the maintenance of the culvert it would appear to lie on land outside the control of the applicant and whilst its failure may result in the failure of the proposed flood mitigation works given the fact that it is only the applicants land which would be affected the Agency offer no adverse comments.

Sustainability

In order to create the proposed development plateau it will be necessary to undertake localized cutting with materials arising from these cuts being used to raise levels and infill any exiting features. The remainder of the material to achieve the plateau level will be imported. In order achieve the above it is estimated that some 250,000 cubic metres of fill material will be required to be imported over a period of approximately three years in line with the phased programme of works proposed. It is intended to source the material locally within Carmarthenshire, with the transfer of material would be undertaken using 20 tonne capacity vehicles and involve a maximum number of return trips to the site of approximately 30 per day. Vehicle routing is intended to be undertaken on the major existing highway next work predominately on the A48 and M4 avoiding any major built up areas.

It is intended to source the fill material from a local site and utilize suitable material which would otherwise be disposed of to landfill thus ensuring a sustainable end use for the waste material which would assist to facilitate a significant regeneration project.

Visual/Landscape Impact

The application is accompanied by a Landscape & Visual Impact Assessment which establishes the visual context of the site within the surrounding landscape and seeks to assess the impact the development would have on long, medium and close range views. It is clear that as a result of existing and current developments the landscape structure of the site and its surroundings has already been disrupted. It is inevitable that some existing vegetation would be lost as a result of the development of the site for a residential use, but new planting incorporated as part of a comprehensive development would enhance the character of the development and assist in its integration into the surrounding area. The above coupled with the creation of the flood storage cell on the land adjacent would enhance the character of the existing landscape and extend the variety of habitat.

Clearly, as a result of the proposed plateau construction and flood engineering works there would be changes to the existing topography with an increase in levels of some 2.5m to 1.5m required to create the development plateau. The gradient proposed between the plateau and adjoining golf course would be engineered to integrate into the existing landscape in order to reflect the surrounding landscape features.

After careful and considered examination of the landscape and visual assessment that has been prepared and submitted with the application, it is considered that the project has been designed to ensure that the impacts on the visual and landscape interests of the site are minimised, both in terms of the land profile and the landscape strategy. It is intended that the land-form is made to appear as 'un-engineered' as possible through the use of a range of batter inclines, thereby helping to render it incongruous in the landscape.

Ecological/Habitat Impacts

The application site and the surrounding area occupy a highly sensitive location being adjacent to the Carmarthen Bay & Estuaries SAC and the Burry Inlet SPA and RAMSAR Site as well as Machynys Ponds SSSI. The existing golf course is renowned for its significant ecological value which has been achieved through good golf course design combined with a landscape management strategy which ensures that habitats are retained and managed considerately.

The proposal has been subject to an on-going design process to minimise the impact on the existing ecological interests, mitigate any impact where necessary, but most importantly, to maximise the potential for the creation of new habitat areas. A number of Ecological documents were submitted with this application with the extended Phase I Habitat Survey recommending that, from the survey work undertaken to date, a number of Phase II Surveys should be carried out prior to construction works taking place, and that the opportunity should be taken to enhance existing and create new habitat for otters, water voles, and retiles. A separate Ornithological Scoping Survey Report was undertaken which recommended further studies including a Breeding Birds Survey. A number of recommendations are also put forward in order to safeguard ornithological interests at the site.

Detailed discussions have been ongoing between the applicant's agents and the Department's Biodiversity Officer, officers from both Countryside Council for Wales and the Environment Agency regarding ecological and habitat concerns.

Following the resolution of a number of technical issues regarding the design of the flood attenuation scheme it has been confirmed that the developments as proposed will not have any adverse impact on the existing habitat or species and it is likely that the actions as outlined in the applicant's Habitat Management Plan will have a positive impact on water vole and otter species with the creation of a new water feature improving the overall habitat value of the area.

It should also be noted that given the status of the adjacent SAC and SPA as sites of European importance the Authority have undertaken an assessment of likely significant effects under the Habitat Regulations in relation to the proposed development which concludes that the development should have no significant effects on the Carmarthen Bay and Estuaries SAC and Burry Inlet SPA. The above viewpoint is confirmed by the Countryside Council for Wales.

Environmental Impacts

Detailed reports were submitted with the application and in terms of air quality, these focused on nitrogen dioxide NO2 and particulate matter PM10 as these are the two pollutants particularly associated with traffic emissions - the main generator of air quality pollutants from residential developments.

Predictive air quality modelling concluded that as a result of the development the impact on air quality did not exceed the U.K. annual mean objective for NO2 and PM10 at the modelled locations in the vicinity of the site.

It confirms that the air quality impact from the operational traffic generated by the residential development of the Machynys Site will not be significant and will not require the designation of a new Air Quality Management Area. The effect of the additional vehicle emissions associated with the development is considered to be negligible.

A noise assessment was also undertaken for the residential development. The developments impact in noise levels on existing receptors will not be significant or perceptible. Whilst the site will create a minor increase in noise this will not be perceived as there are no sensitive receptors currently exist within the site or in the surrounding area.

CONCLUSION

The application itself was screened to see whether an Environmental Impact Assessment was required in this instance. The view was taken that an EIA was not required in this instance. The Countryside Council for Wales also confirmed that in their opinion the Local Authority, as the competent authority did not require to undertake an 'Appropriate Assessment' under the Habitats Regulations in this instance either.

The archaeological investigation reported that very little survives of the earlier landscapes and this is confirmed by Cambria Archaeology who nevertheless comment that there may be palaeoenvironmental interest under the site and as such request the imposition of a suitable condition requiring the developers to secure a scheme of archaeological works.

After careful examination of the details submitted, the representations received and all other material considerations outlined above it is considered that on balance there are no justifiable reasons for refusing the proposal and therefore the application is recommended for approval subject to the following conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

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

2 The development hereby permitted shall be carried out strictly in accordance with the plans referenced Drawing No. 35619/C/SA/110B, 111B and 108C, received on 4 April and 1 June 2007, unless amended by any following conditions.

3. No development approved by this planning permission shall be commenced until:

4. If during development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the LPA) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, an addendum to the Method Statement. This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.

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

6. There shall be no working on the site and no material for infilling shall be brought onto the site except between the following hours:-

7. The material to be imported for the infilling of the site shall be inert material or material that does not contain any contaminants which would pollute controlled waters. The definition of inert materials is as follows:-

8. Efficient means shall be employed at all times for the duration of the operations hereby permitted in order to prevent mud and debris being deposited on the public highway. Full details of the system shall be submitted for the written approval of the Local Planning Authority prior to any infilling operations commencing.

9. The best available technique shall be utilised on the site to prevent the emission of dust or fumes from the site caused by the carrying out of operations at the site. This shall include the use of water bowsers fitted with control sprayers or other mobile or fixed sprayers as often as is necessary to suppress dust.

10. Prior to the commencement of any of the engineering works hereby approved there shall be submitted and formally agreed in writing with the Local Planning Authority a detailed Habitat Management Plan. Following completion of the engineering works or in accordance with a timescale to be agreed with the Local Planning Authority the Plan as agreed shall be implemented and thereafter monitored in accordance with its detailed recommendations.

REASONS

1. Required pursuant to Section 91 of the Town & Country Planning Act 1990.

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

3. To prevent pollution of the water environment and the protection of controlled waters.

4. To prevent pollution of the water environment and the protection of controlled waters.

5. To protect historic environment interests whilst enabling development.

6. In order to safeguard the amenity of the local area.

7. To prevent pollution of the water environment and the protection of controlled waters.

8. In the interests of highway safety.

9. In order to safeguard the amenity of the local area.

10. In order to safeguard and improve the ecological and biodiversity of the site.

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:

NOTES

1. It is the responsibility 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.

2. Any amendment or alteration of an existing public highway in connection with a new development shall be undertaken under a Section 278 Agreement of the Highways Act 1980. It is the responsibility of the developer to request the Local Highway Authority to proceed with this agreement, and the total cost of completing such an agreement shall be born by the developer.

3. Further advice and guidance from the Environment Agency is contained in their letter appended to this planning permission. The applicant/developer is advised to contact the Environment Agency to discuss issues relating to contaminated land.

4. Further advice and guidance from the Authority' Environmental Health Officer in relation 'Land Contamination: A Guide for Developers' is appended to this permission. The applicant/developer is advised to contact the Authority's Environmental Health Department to discuss issues relating to contaminated land.

5. The applicant/developer will be expected to act upon the ecological constraints and opportunities identified in the Ecological Assessment Report and Habitat Management Plan undertaken by RPS Consultants and submitted with the application.

6. 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.

7. The applicant should be aware of their legal duties regarding certain protected species. 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). Bats are also fully protected under Schedule 5 of the Wildlife and Countryside Act (1981) (as amended*). Under the Conservation Regulations (1994) it is an offence deliberately to capture or kill a wild animal of a European protected species; deliberately to disturb any such animal; or to damage or destroy a breeding site or resting place of such an animal. For bats this includes roosts that are not currently being used. In the event of any evidence of bats being found further advice should be obtained from CCW (Beechwood Office, Talley Road, Llandeilo, Carmarthenshire SA19 7HR) as a licence to carry out the work may be needed from the Welsh Assembly Government.

8. Otter and water vole use of the area was confirmed by the study. Both otters and water voles are protected under European and British legislation and any development in the area of the River Dafen should be mindful of their use of this river and the legislation protecting them. Any works affecting the river needs to include adequate mitigation for this protected species, i.e. a dry ledge or adjacent dry culvert. Opportunities could also be sought for enhancing the habitat for otters through the provision of an artificial otter holt (which should be protected from disturbance by humans and dogs).

9. In addition the applicant should be made aware of the possible presence of nesting birds using the buildings and the protection afforded to them. Under the Wildlife and Countryside Act (1981) (as amended) it is an offence to kill or injure any wild bird or damage or destroy the nest of any wild bird whilst that nest is being built or is in use. 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.

10. Prior to the beneficial occupation of any of the subsequent dwellings the developer should in liaison with the Authority's Biodiversity Officer, produce an informative leaflet for householders with regard to the biodiversity value of the site, highlighting its importance for water vole and the significant impact that cats can have on this endangered mammal.

11. There are significant areas of knotweed on the site. It is an offence under the Wildlife and Countryside Act 1981 to cause the spread of this invasive weed and the developer should not cause the plant to spread through their actions in clearing/developing the site. A suitable scheme for the eradication and/or control of Japanese Knotweed should be implemented prior to any development commencing.

Application No

S/16379

Application Type

Reserved Matters

Proposal
& Location

21 NO. RESIDENTIAL DWELLINGS, ACCESS ROAD AND EXTERNAL WORKS AT FORMER STRIPMILL PUBLIC HOUSE, COEDCAE ROAD, LLANELLI, CARMARTHENSHIRE, SA15 1HY

Applicant

BAYTREE HOMES LTD, SUITE 1, CHESTNUT HOUSE, TAWE BUSINESS VILLAGE, ENTERPRISE PARK, SWANSEA, SA7 9LA

Case Officer

Electoral Ward

ROBERT DAVIES

BIGYN

Date of Registration:

22 MAY 2007

CONSULTATIONS

Head of Transport - No objection subject to the imposition of conditions and advisory notes on any planning permission granted.

Head of Street Scene (Highway Adoptions) - Has confirmed that the proposed site road is suitable for Highway Adoption purposes, but drew reference to the fact that if the applicant wishes to apply for adoption in the future then soakaways for highway purposes are not considered suitable.

Land Drainage Officer - Has no objection to drainage via the existing combined sewer. If Welsh Water refuse this option then there may be problems with adjacent properties. If soakaways are to be used then the design and ground conditions would have to be looked at in detail.

Head of Public Protection Social Care & Housing - No observations received to date.

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

Local Member(s) - County Councillors D C Prothero and S M Cooke are both Members of the Planning Committee and have therefore not made any prior comment.

Environment Agency - Have no objection to the proposed development. They state that no surface water should be directed into the main sewer. They also provide advice and guidance on contamination in respect of controlled waters, and advice with respect to grouting, ground stabilisation and excavation of former mine workings.

Dwr Cymru/Welsh Water - Raise no objection subject to the imposition of conditions and advisory notes on any planning permission granted. They also confirm that surface water shall not be allowed to connect to the public sewerage system.

Coal Authority - Have confirmed that there are three recorded mine entries on this site. They have provided information relating to the fact that prior permission is required from the Coal Authority under the Coal Industry Act 1994, to undertake any works to enter or disturb Coal Authority Mining interests.

Neighbours/Public - 14 no. neighbouring properties notified of the application, whilst the application was also advertised by virtue of both press and site notices. Two letters of representation have been received, one raising no objection, and the other raises the following comments:-

· The site for this development has underground workings and great care must be taken to ensure that subsidence is not caused to adjacent properties.

· The road of Y Llwyn, has surface water drainage problems, and therefore care should be excercised in the drainage of surface waters so as not to put additional strain on the already struggling system.

· There have on occasions been foul drainage problems within the area, and therefore a thorough investigation and planning is needed to ensure that the development will not cause problems.

RELEVANT PLANNING HISTORY

The following previous application(s) have been received on the application site:

S/13056 Construction of 20 No. dwelling houses

S/10771 Residential Development (Outline)

LL/2162 Residential Development (Outline)

D5/16774 Disabled toilet

D5/16254 Car Boot Sale

D5/16193 Snooker room

D5/15752 Car Boot Sale

D5/14557 Extension

APPRAISAL

THE SITE

The application site occupies a prominent location on the eastern flank of Coedcae Road, and is some 0.5 hectares in total area. The site has a frontage of some 52 metres onto Coedcae Road with the large Coedcae comprehensive school located to the north directly opposite. At present the site is served by two vehicular access points which lead to a large hard surfaced car parking area, which used to serve staff and customers of the Stripmill restaurant which used to occupy the southern area of the site.

The site slopes in a north to south direction from its highest point adjacent to the public highway down to its boundary adjacent to the New Dock Stars Rugby club to the south. To the north east of the site lies a small cul de sac of residential dwellings known as 'Y Llwyn', whilst to the south west lies a terrace of dwellings know as 'Pyntws Terrace' who's rear service access abuts the boundary of the site. The site lies in a predominantly residential area which is characterised by a variety of house types of varying scales and design.

THE PROPOSAL

The application is in reserved matters format and seeks permission to construct 21no. dwelling houses, associated access road and external works . Outline planning permission for residential development was granted on the 6th January, 2006 under planning application reference number S/10771.

It should be noted that the scheme has been amended from that originally submitted, which proposed 24no. dwellings. The amended scheme proposes 21no, two and three storey dwellings, contained in seven separate blocks of three terraced dwellings arranged around a central access road leading off from Coedcae Road. The proposed dwellings consist of a mixture of 3 and 4 bedroom dwellings, whilst provision is made for 2no. car parking spaces within the curtilage of each dwelling.

The external finishes to the dwellings themselves consist of a mixture of red face brick and ivory coloured render to the walls, and Cambrian slate to the roof. Boundary treatment measures consist of a mixture of 1.8m high close boarded fencing to least prominent elevations, and a mixture of brick walling and low railings to more prominent elevations.

The following information was submitted with the application:-

· Location and block plans

· Car parking arrangement plan

· Street scene elevation drawing with finished floor levels

· Site layout drawing

· Elevation and floor plan drawings

· Schedule of external finishes

· Boundary treatment schedule

· Design Statement

· Existing topographical survey

· Landscaping layout

· Drilling and grouting groundwater management Plan

· Drainage proposal layout

· Geotechnical and Geo-environmental assessment reports

PLANNING POLICY

In the context of the current development control policy framework the site lies within defined settlement limits of the area 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 UDP policies and national guidance:-

Policy GDC1 of the UDP seeks to ensure that proposals are environmentally sustainable by reducing car usage and energy consumption; by utilising vacant, underused or previously developed land, and avoid future pollution, including air, water and noise.

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 GDC12 of the UDP states that proposals which would generate levels of traffic on the surrounding road network which would cause harm to highway safety on that network or to the amenity of residents living alongside that network will be refused.

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 GDC15 of the UDP refers to contaminated land and previously developed land. It states that prior to the granting of planning permission for development on derelict previously developed sites or contaminated land, the developer will be required to demonstrate that all possible problems, risks and hazards associated with the use of the land have been fully investigated by an independent expert and that effective remedial measures in accordance with best practice can be implemented where required. The developer will also be required to demonstrate that any risks to public health, safety or the environment on and off site can be removed prior to the commencement of development.

Policy GDC34 of the Adopted Carmarthenshire Unitary Development Plan, 2006 affords priority to the development of previously developed land in preference to greenfield land.

Policy H2 of the UDP permits proposals for residential development within the defined development limits of settlements providing that the proposal conforms to, and does not conflict with the policies of the plan, and subject to there being no highway, amenity or utility service provision objections.

Policy 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 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.

Policy UT8 of the UDP states that development proposals should take account of the impact of surface water drainage and include measures to acceptably manage its disposal. In particular encouragement will be given to the inclusion of Soakaways and Sustainable Urban Drainage Systems.

Policy UT13 of the UDP states that proposals on land, or adjoining land, which is unstable or which may become unstable, will only be permitted where satisfactory measures are in place to prevent or manage any land instability related to the proposed development.

In terms of National Guidance Para 13.9.1 of Planning Policy Wales (2002) states that planning decisions on unstable land need to take into account: -

· the potential hazard that instability could create to the development itself, its occupants and the local environment; and

· results of specialist investigation and assessment by the developer to determine the stability of the ground and to identify any remedial measures required to deal with any instability

Para 13.9.2 goes on to state that if the instability cannot be overcome satisfactorily, the authority may refuse planning permission.

THIRD PARTY REPRESENTATIONS

As aforementioned only one letter of representation has been received raising comments in relation to the proposed development. The issues raised are considered to be material planning considerations and therefore will be addressed individually as part of this appraisal.

The first issue draws reference to underground mine workings in the area, which is far from uncommon in the Llanelli area due to its industrial past. Here it is prudent to draw Members attention to the fact that previously, a reserved matters application for 20no. dwellings at the site (S/13056), was refused under delegated authority on the basis that the works required to facilitate development at the site were unacceptable in terms of impact upon residential amenity, and unsustainable. A report submitted with the previous application indicated that in order to facilitate development at the site, substantial and excessive excavation and infilling works were required. In respect of this current application, a report submitted by Clarke Bond Structures LTD (Engineering and Management Consultants) concludes that given the nature of the abandoned coal workings, it is proposed, and feasible to undertake a conventional drilling and grouting exercise, which appears to be fairly commonplace nowadays.

Here Members will recall that such drilling and grouting works were required to facilitate development at the Pemberton retail site. In light of this, such extent of works is considered reasonable in this instance in order to facilitate development. Both the Coal Authority and the Environment Agency have formally responded to the application, and have raised no adverse comment to such drilling and grouting works provided that the appropriate procedures are undertaken. Here it is recommended that the information provided by both agencies is attached as an advisory note on any planning permission granted.

As Members are aware, the issue of causing subsidence to existing adjacent properties is a civil matter between the developer and the parties concerned. As mentioned above, the extent of works proposed to facilitate development in this instance is considered acceptable.

The author of the letter also drew reference to the fact that the adjacent road known as 'Y Llwyn', has surface water drainage problems, and therefore care should be excercised in the drainage of surface waters so as not to put additional strain on the already struggling system. In response to this, it should be noted that the whole of the application site is currently hard surfaced, and surface water currently runs off into the existing combined sewer.

The applicant originally proposed to continue this by disposing of both foul and surface water from the development into the combined public sewer. However both Welsh Water and the Environment Agency do not allow surface water to be disposed of directly to the public sewer, in order to prevent hydraulic overloading of the sewer. The applicant had originally stated that due to underlying ground conditions the use of soakaways and SUDS was not feasible. However, in light of the responses from Welsh Water and the EA, and in light of the fact that both TAN15 and Policy UT8 of the UDP promote the use of soakways and SUDS, the applicant was asked to amend the proposed drainage layout. An amended drainage layout was received for consideration on the 11th September, 2007, which indicated the use of soakaways and SUDS, and a re-consultation exercise was undertaken with Welsh Water, Environment Agency and the Authority's Hydrology Section. To date no further responses or adverse comments have been received. The Authority's Land Drainage Officer did previously state that if soakaways or SUDS were proposed, then a detailed look at ground conditions and their design would have to be undertaken. Following discussion with the applicant, it appears that in order to ensure that soakaways and SUDS are a feasible option, amendments have had to be made to the proposed grouting pattern. The applicant has been asked to provide detail in relation to this, which will be presented to the Planning Committee for consideration as part of the addendum.

Therefore to conclude on the surface water issue, both local and national planning policies promote the use of soakaways and SUDS where feasible, and in this instance no information has been submitted to prove that they are not. The disposal of surface water in this manner will reduce the burden on the existing combined sewer, which appears to be the main concern of the neighbouring property, as surface water will no longer be disposed of via the sewer. The Authority's Road Adoptions Officer has confirmed that the Authority will not adopt a road which utilises soakaways for surface water disposal, however the applicant has confirmed that if the Local Highways Authority do not adopt the road then a Management Plan would have to be put in place.

The final comment raised stated that on occasions there have been foul drainage problems within the area, and therefore a thorough investigation and planning is needed to ensure that the development will not cause problems in this respect. In response to this issue, Members attention is drawn to the response received from Dwr Cymru/Welsh Water who raise no adverse comment in relation to the proposed development of 21no houses. Again, it is worth noting that the disposal of surface water via soakaways and SUDS will reduce the existing burden on the existing combined sewer.

CONCLUSION

The application site is located within the defined settlement limits of the area as delineated within the Adopted UDP, and benefits from an extant outline planning permission for residential development. As such the principle of developing this site for residential use has already been established.

The application site at the present time represents an unsightly parcel of land in what is primarily a residential area. From this respect the development of the site appears to be generally welcomed in the area. The development of this site makes efficient use of a previously developed site within an urban area, and as such accords with the sustainability objectives of both local and national planning policies. It replaces a previous commercial use with a fully compatible residential development.

The size, scale, design and layout of the proposed scheme is considered acceptable, and in-keeping with the spatial character and density of the surrounding area. The proposed external finishes to the development are considered to be vernacular to the area, whilst the scheme makes use of high quality boundary treatment and landscaping in key prominent locations. The proposal provides a strong frontage on to Coedcae Road and accords with the relevant spatial standards. The scheme makes use of existing land levels, with finished floor levels being comparable to existing land levels.

The scheme makes provision for an adequate access on to Coedcae Road and adequate car parking provision within the curtilage of each plot. As such the proposal is considered acceptable from a Highways perspective and the Authority's Head of Transport has raised no adverse comment.

It is considered that there are no loss of amenity issues associated with the proposed development, whilst the comments raised by one neighbouring occupier have adequately been addressed as part of the above appraisal.

Section 106

Members should be made aware of the fact that the relevant outline permission was subject to a Section 106 legal agreement relating to the payment of £30,000 towards the improvement of off site play provision in the locality. As this is a reserved matters application, tied to the previous outline, this payment still applies. The applicants have confirmed in writing that they are aware that there is a payment to this effect.

In relation to affordable housing and education, Members would have noted that the extant outline planning permission was granted prior to the LPA actively seeking such community benefit contributions.

After careful consideration of the application site and its surrounding environs in relation to the scheme submitted and the representations received to date, it is considered that on balance the proposal represents an appropriate form of development that accords with the relevant local planning policies. Furthermore, the proposal represents an opportunity to remove a significant area of dereliction that has blighted the area for some time. As such the application is put forward with a favourable recommendation subject to the imposition of the following conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

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

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250' scale plans, received on 22 May 2007 and the amended plans referenced SM/D1 Rev B; SM/D2 Rev A; SM/D5 Rev B; SM/D6 Rev B; SM/D7 Rev B; SM/D8 Rev B; SM/D9 Rev B; SM/D10 Rev A received on the 26th June, 2007 and the amended plans referenced SM/D3 Rev B; SM/D4 Rev B; SM/D11 Rev A; SM/D12 Rev A received on the 11th July, 2007 and the amended drainage layout (SS861.99 01 Rev B) received on the 11th September, 2007 unless amended by any following conditions.

3. 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 Coedcae Road frontage within 2.4 metres of the near edge of the highway.

4. 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.

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. Prior to the beneficial occupation of the dwellings hereby approved, all the required boundary walls and fences to serve those respective dwellings shall be fully constructed strictly in accordance with the amended plans referenced SM/D10 Rev A received on the 26th June, 2007, and SM/D3 Rev B and SM/D12 Rev A received on the 11th July, 2007.

7. The proposed landscaping scheme as indicated on the amended plans referenced SM/D3 Rev B received on the 11th July, 2007 shall be carried out in its entirety during the next available planting season (1st October to 31st March) after the completion of the last dwelling and shall thereafter be retained

8. The proposed development shall be constructed strictly in accordance with the amended plan referenced SM/D4 Rev B received on the 11th July, 2007 and there shall be no departure from these levels without the prior written consent of the Local Planning Authority.

9. The external finishes to the development hereby approved shall be undertaken strictly in accordance with the external finishes schedule received by the Local Planning Authority on the 26th June, 2007

REASONS

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

2 &

6-9 In the interest of visual amenities.

3-5 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 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 properties

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

· The proposal complies with Policy GDC12 of the UDP in that it will not result in unacceptable levels of traffic

· 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 GDC15 of the UDP in that the applicant/developer has demonstrated the development of this previously developed site will not create any risks or hazards to public health, safety or the environment

· The proposal complies with Policy GDC34 of the UDP in that involves the development of previously developed land

· 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 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

· The proposal complies with Policy UT8 of the UDP in that adequate surface water disposal methods can be put in place

· The proposal complies with Policy UT13 of the UDP in that satisfactory measures have been put forward in order to prevent or manage any land instability related issues

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.

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.

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

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

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.

Further advice and guidance from the Environment Agency is contained in their letters dated the 4th June, 2007 and 29th August, 2007 appended to this planning permission

Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 19th June, 2007 appended to this planning permission

Further advice and guidance from the Coal Authority is contained in their letter dated the 31st May, 2007 appended to this planning permission

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.

The applicant/developer's attention is drawn to the fact that the outline planning permission granted on the 6th January, 2006 under planning application reference S/10771 was subject to a Section 106 Agreement under the Town and Country Planning Act 1990, relating to the payment of a commuted sum contribution of £30,000, towards the improvement of off site play provision in the locality.

Application No

S/16862

Application Type

Full Planning

Proposal
& Location

1 X 3 BED BUNGALOW AND DETACHED GARAGE AT REAR OF, 16A, STATION ROAD, BYNEA, LLANELLI, CARMARTHENSHIRE, SA14 9PR

Applicant

J L & A D EVANS, CHESNEY WOLD, 16A STATION ROAD, BYNEA, LLANELLI, SA14 9PR

Case Officer

Electoral Ward

PAUL ROBERTS

BYNEA

Date of Registration:

17 JUL 2007

CONSULTATIONS

Head of Transport - No adverse comment subject to the imposition of a number of suitable conditions.

Llanelli Rural Council - No objection.

Local Member - County Councillor G H Woolridge is a member of the Planning Committee and has therefore made no prior comment on the application.

Environment Agency - No adverse comment.

Dwr Cymru/Welsh Water - No adverse comment.

Neighbours/Public - 5 neighbouring properties have been notified of the application. In response, one letter of representation has been received to date from a neighbouring resident who expresses concern regarding the proposed means of access onto the main road which is characterised by high vehicle speeds.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

THE SITE

The application site consists of an irregular shaped parcel of land located off the western side of Station Road in Bynea. The site measures some 33 metres in width and 26 metres in depth and is located to the rear of nos. 16 and 16A Station Road with access being achieved by an existing driveway which separates both properties. The site is overgrown and currently used in association with the adjacent property of no. 16a with a detached garage located in its north eastern corner and a wooden outbuilding close to its western boundary. The land slopes gradually downwards from its northern to southern boundaries and is surrounded by houses and their gardens on three sides with the western boundary adjoining an open pasture field.

THE PROPOSAL

Planning permission is sought for the construction of a detached three bedroom bungalow and associated garage. The bungalow is to be of modest proportions orientated in a southerly direction and is to be sited centrally within the site adjacent to its western boundary. The building is to be of a relatively simple design being of an 'L' shaped layout with a half hip roof form whilst externally it is to comprise a face brick and grey roof tile finish.

Parking and turning area provision is to be provided within the side curtilage of the bungalow with access and egress being achieved via the driveway currently serving the site. Amenity areas are to be provided to the front, side and rear of the building whilst the existing garage located within the northern part of the site and to the rear of no. 16 Station Road is to be replaced by a new single garage of smaller proportions measuring some 6 metres in width and 7 metres in depth. The bungalow is to be sited on the existing ground levels with the exception of the northern part of the site which is to be reduced in level to accommodate the dwelling and detached garage with a new retaining wall structure being built along the rear boundaries of the site. Boundary treatment measures along the eastern boundary of the site are to comprise close boarded fencing above the existing walling separating the land from the rear garden spaces of nos. 16 and 16A Station Road whilst the existing tree planting along the southern boundary is to be under planted to form a dense hedge which will be cut to a height of some 2 metres. The existing trees and hedgerows on the northern and western boundaries of the site are to be retained as part of the scheme.

PLANNING POLICIES

In the context of the current development control policy framework the site lies within the development limits of Llanelli as contained in the adopted Carmarthenshire Unitary Development Plan having been included by the Inspector presiding over the Plan Inquiry.

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

Policy H2 of the Carmarthenshire Unitary Development Plan (Pre Inquiry Proposed Changes) (November 2003) permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan and subject to there being no highway, amenity or utility service provision objections.

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

THIRD PARTY REPRESENTATIONS

As discussed above, one letter of representation has been received to date from a neighbouring resident who has expressed concern regarding the safety implications of the proposed means of access onto the main road given the relatively high vehicle speeds. In response, however, the Head of Transport has advised that he has no objection to the proposed development with the existing access serving the site being of a sufficient standard to accommodate the likely additional traffic with adequate visibility being achieved along Station Road to both the north and south of the proposed entranceway.

CONCLUSION

In this instance, the proposal is considered to represent an acceptable form of residential development that accords with the Authority's Development Plan policies. Whilst being located to the rear of a number of existing properties fronting Station Road, the site is served by its own separate access and it is considered that the development of the single unit will not cause any unacceptable material harm to the residential amenity of neighbouring occupiers. The siting of the dwelling in relation to the two nearby properties fronting Station Road, i.e nos 16 and 16A, ensures there will be a minimum distance of some 18 metres between facing elevations which together with its single storey design and proposed boundary treatment measures will ensure there will be no adverse impact in terms of loss of privacy. The boundary treatment measures include the addition of close boarded fencing above the existing walling to the rear of both adjacent properties up to a cumulative height of 2 metres, which will ensure there will be no unacceptable loss of privacy safeguarding current privacy levels. In a similar vein, the southern boundary of the site currently comprises an established belt of small beech trees which will serve to ensure that the privacy levels of those properties to the south and south east of the site are also safeguarded. Moreover, it is the applicant's intention to reinforce this boundary with additional planting and any permission granted will be conditioned to this effect.

It is worth noting that the application site was included within the development limits of Bynea at the recent UDP Public Inquiry where the Inspector concluded that subject to careful design, the site could accommodate a single dwelling without adversely affecting the amenity of the area or indeed the living standards of neighbouring occupiers. In this instance, the general scale, design and siting of the dwelling are considered to be acceptable and will complement the existing urban form of its surroundings without causing any amenity, highway or utility service difficulties.

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

RECOMMENDATION - APPROVAL

CONDITIONS

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

2. The development hereby permitted shall be carried out strictly in accordance with the drawings referenced no. 04 and 07 received on 19/07/07 and the amended 1:1250 scale plan and drawings referenced no. 08A; 02A; 01A; 05A; 06A and 03A received on 05/09/07, unless amended by any following conditions.

3 The parking spaces and layout shown on the plans herewith approved shall be provided to the written approval of the Local Planning Authority prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purposes of parking only.

4 The trees or hedges along both the southern western and north western boundaries of the site, contiguous with the rear boundaries of the Llwyn Yr Ynys complex and the residential property of Glan-yr-ynys , shall be retained as part of the development and not lopped, felled or removed without the written approval of the Local Planning Authority.

5 The garage of the proposed dwelling hereby approved shall be used for private purposes incidental to the enjoyment of the dwelling and not for any business or commercial use.

6 The first floor bathroom and dressing room windows within the north western side elevation of the dwelling hereby approved, as shown on amended drawing no. 6A received on 05/09/07, shall be shall be glazed in obscured glass and shall be so maintained thereafter in perpetuity

7 The siting of the residential caravan as detailed on amended drawing no. 02A received on 05/09/07 shall only be granted for a temporary period of 18 months from the date of this permission, or the completion of the development, whichever is the sooner, after which time it shall be removed

REASONS

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

2, 4

& 7 In the interest of visual amenities.

3 In the interests of highway safety.

5 & 6 To ensure the proposed development does not prejudice the enjoyment of neighbouring occupiers of their properties

NOTES

Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter dated the 22/08/07 appended to this planning permission.

Further advice and guidance from the Environment Agency is contained in their letter dated the 27/07/07 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 License before undertaking any works on an existing Public Highway.

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

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

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

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

SUMMARY REASONS FOR APPROVAL

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

· The proposal accords with Policy H2 of the UDP in that the scale and design of the proposed dwelling are considered acceptable and in keeping with the existing urban form of the site's surroundings. Furthermore, there are no amenity, highway or public service objections to the development.

· The proposed dwelling 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.

· The proposed dwelling accords with Policies GDC12 and T3 of the UDP in that it would not generate an unacceptable level of traffic generation on the surrounding road network which would reduce highway safety on the network or adversely affect the residential amenity of neighbouring properties.

Application No

S/17234

Application Type

Full Planning

Proposal
& Location

DETACHED GARAGE (RETROSPECTIVE APPLICATION) AT PLOT A, PART OF LAND ADJOINING, 3 TYISHA ROAD, TUMBLE, LLANELLI, CARMARTHENSHIRE

Applicant

NBA DEVELOPMENTS LTD, BETHANIA HOUSE, BETHANIA ROAD, UPPER TUMBLE, LLANELLI,

Agent

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

Case Officer

Electoral Ward

GARY GLENISTER

LLANNON

Date of Registration:

05 SEP 2007

CONSULTATIONS

Head of Transport - Has no objection.

Community Council - Has made no observations to date.

Local Members - County Councillor AG Owens is a nominated substitute member and Cllr N Baker is a member of the Planning Committee and has therefore not made prior comment.

Neighbours/Public - Four neighbour consultation letters have been sent out, with three replies having been received as a result raising the following objections.

· Loss of light from boundary wall

· There is already a garage present

· The site is too small for the proposal (hence the condition restricting development was imposed in first place).

· Garage is small and not easily accessible

· On street parking is dangerous in this location.

· On street parking is already proving obstructive.

RELEVANT PLANNING HISTORY

The following applications have been received on the application site.

S/17235 Detached garage Plot B

S/13373 Proposed Pair of Semi-Detached

S/7495 Proposed New Dwelling.

S/6440 Proposed Dwelling

APPRAISAL

THE SITE

The application site is a rectangular shaped plot within the village of Tumble opposite the cemetery on Heol Tyisha. The site is one of a pair of semi detached low cost houses that have been built in the side garden of 3 Heol Tyisha and is now completed and occupied. The site is adjacent to 3 Heol Tyisha to the north beyond a new block retaining wall. The site has a 7.5m road frontage which currently has a wall along the boundary and a 2.5m driveway to the rear of the property, at the end of which is a garage has been constructed. Planning permission for the dwelling was approved in July 2006, with a condition restricting permitted development rights given the restricted size of the garden areas, particularly Plot B that is subject to a similar retrospective application.

THE PROPOSAL

The application seeks retrospective detailed planning permission for a detached garage at the rear of the garden.

The garage is rendered with a pitched tiled roof.

It should be noted that the garage as built is not precisely the design submitted, in that the height appears to be greater than shown. However the application is considering the garage as built and the height does not materially alter the issues raised.

PLANNING POLICIES

In the context of the current development control policy framework, the site lies within the Tumble settlement development limits as defined in the Carmarthenshire Unitary Development Plan (UDP) 2006.

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

Policy GDC11 seeks a satisfactory means of access and turning facilities. Adequate parking shall be provided not exceeding maximum standards. GDC12 states that proposals which generate an unacceptable level of traffic on the surrounding road network which would reduce highway safety on the network or reduce the amenity of residents along the route will be refused. This policy is reinforced by Policy T3 which seeks to ensure that the local road network is sufficient to serve the development and that all development proposals shall be served by appropriate access provision.

THIRD PARTY REPRESENTATIONS

There is already a garage present that has been built without the benefit of planning permission, therefore the application is retrospective. Regardless of the fact that the proposal has already been built, it should be considered on its merits in light of the UDP policies and only approved if it is considered to be acceptable.

Loss of light from a boundary wall of the original dwelling is not relevant to this application as it is considering the merits of the detached garage on Plot A only. A 6ft wall along the boundary of the original dwelling with a third party that is not part of the application site, is considered to be permitted development that the Council has no control over.

The condition removing permitted development rights was imposed in order to control future development on the site, given the restricted width of the plot. It's imposition does not necessarily mean that it would be inappropriate to allow any future development, it just provides a means by which future development can be controlled to ensure that it is not detrimental to the amenities of neighbouring properties. In this case, there is sufficient room in the rear garden to accommodate the proposed garage and the driveway is of adequate width for an average sized car to access it.

The Head of Transport has no objections to the garage on Plot A. It is considered that there is an adequate driveway in front of the garage so vehicles can be parked off the public highway and therefore obstruction and therefore safety concerns are not likely to result.

CONCLUSIONS

After careful examination of the site and its surrounding environs in the context of this application, together with the representations received to date, it is considered that on balance the garage as built is at the rear of the garden at the end of a long drive that allows adequate parking spaces. The garage is to the rear of the rear building line of the adjacent dwelling and is not considered likely to have unacceptable adverse impacts. It is therefore considered that the proposal is acceptable and in accordance with the above policies.

RECOMMENDATION - APPROVAL

CONDITIONS

1. The development hereby permitted shall be retained as built in the location shown on the 1:500 & 1:1250 scale plans received 5 September 2007.

2. The garage shall be used for private domestic purposes only, ancillary to the enjoyment of the dwelling at Plot A Tyisha Road and not for any trade or commercial purposes.

REASONS

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

2. In order to protect the residential amenities of adjoining properties.

SUMMARY REASONS FOR APPROVAL

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

· The proposed garage complies with Policy GDC2 of the UDP in that it is not likely to cause unacceptable loss of amenity to neighbouring properties.

· The proposed garage complies with Policy GDC11, GDC12 & T3 in that it can be accessed safely and is not likely to be detrimental to 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.

Application No

S/17381

Application Type

Full Planning

Proposal
& Location

PROPOSED TWO/THREE STOREY, SPLIT LEVEL, FOUR BEDROOM DWELLING WITH INTEGRAL GARAGE AT PLOT 12, DOLAU FAN, BURRY PORT, LLANELLI, CARMARTHENSHIRE

Applicant

MR JOHN MORGAN, 179 DOLAU FAN, BURRY PORT, LLANELLI, CARMARTHENSHIRE

Case Officer

Electoral Ward

ROBERT DAVIES

BURRY PORT

Date of Registration:

21 SEP 2007

CONSULTATIONS

Pembrey and Burry Port Town Council - Recommend approval.

Local Member - County Councillor P E M Jones has not responded to date. County Councillor S R James is a Member of the Planning Committee and has therefore made no prior comment

Environment Agency - No objection.

Dwr Cymru/Welsh Water - No adverse comments subject to the imposition of conditions and advisory notes.

Neighbours/Public - 3 No. neighbouring properties notified of the application whilst a site notice was also erected within the vicinity advertising the application. One letter of representation has been received objecting to further development at this site for the following reasons:-

· Development at this site has been ongoing for 10 years and is still only

· There is no proper drainage at the site, and no proper kerbs or footpaths.

· Health and safety issues.

· Materials have been dumped on site from other work sites.

· The refuse collection lorries will not enter this part of the site.

· The land is not stable enough to build upon.

· The road should be covered in tarmac, the pavement finished and proper drainage for surface water installed.

RELEVANT PLANNING HISTORY

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

D5/14245 Construction of 12no. private dwellings

APPRAISAL

THE SITE

The application site consists of a rectangular plot (Plot no.12) the dimensions of which are 39 metres in depth by 16 metres in width. This plot, which slopes steeply downwards in a westerly direction, forms part of a larger housing development of 12no. dwellings which were granted planning permission in 1992 at the top end of Dolau Fan Road in Burry Port. Six dwellings have already been constructed and therefore the development of this plot represents the 7th dwelling.

THE PROPOSAL

The application seeks full planning permission to construct a two/three storey, split level, four bedroom dwelling with integral garage on Plot 12. The proposed dwelling, which is set back 5.5m from the front boundary, is 9.4 metres in depth, 10.4 metres in width, whilst its maximum height varies from 7.7 metres when viewed from the front elevation to 10.5 metres when viewed from the rear. Therefore due to the sloping nature of the site, the proposed dwelling appears two storey in nature when viewed from the front elevation, and three storey when viewed from the rear.

The external finishes to the proposed development consist of white spar render and facing brick to the walls and grey concrete tiles to the roof. The proposed boundary treatment measures consist of a mixture of 2m high timber close boarded fencing and 900mm boundary walls.

PLANNING POLICY

In the context of the current development control policy framework the site lies within the development limits of Burry Port and is allocated for residential development in the Adopted Carmarthenshire Unitary Development Plan, 2006.

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

Policy GDC 2 of the Carmarthenshire Unitary Development Plan (Pre Inquiry Proposed Changes November, 2003) 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 H2 of the Carmarthenshire Unitary Development Plan (Pre Inquiry Proposed Changes) (November 2003) 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 Carmarthenshire Unitary Development Plan (Pre Inquiry Proposed Changes, November 2003) 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. The material reasons for objection raised will now be addressed as part of this appraisal.

It appears from the letter of representation received, that the reasons for objection raised relate to the housing development as a whole, and not just the current proposal. As previously mentioned the applicant obtained planning permission in 1992 for 12no. dwellings at the site as a whole. It appears that work substantially commenced in accordance with this permission, and therefore it could be argued that this historic consent has been secured in perpetuity. This of course offers the applicant a significant fall back position, which is a material consideration in the determination of this application. The applicant/developer is a small scale local house builder who appears to be developing the site on a plot by plot basis as market forces dictate. This has a downside, in the sense that occupiers that have purchased some of the completed dwellings are effectively residing on a building site, with all the characteristics associated with it.

In terms of the noise, traffic and dust disturbance, it appears from the objectors letter that the Authority's Environmental Health Division has taken some action from a statutory nuisance perspective.

It appears from the historic planning file that it has always been the applicant/developer's attention to provide the access road up to adoptable standard. There was a condition imposed on the previous consent which sought to ensure that the access road was brought up to an acceptable standard prior to the beneficial occupation of any of the dwellings approved. Such a condition was also replicated on other recent plot approvals at this site. It is considered that these conditions have not been strictly adhered to, and therefore the current Case Officer and the Planning Enforcement Manager have arranged to meet with the applicant/developer to agree in writing his intent to upgrade the road and footways to at least base course level. The applicant's agreement to do this will be sought prior to the Planning Committee and will be attached to the addendum for Members consideration. It is recommended that a condition is imposed on any planning permission granted, which ensures that such improvement works to the road and footways are undertaken prior to commencement of work on Plot 12. Such a condition is not considered overly onerous considering that the applicant has clearly stated all along that it has been his intention to provide a road up to adoptable standard, whilst he has already developed six dwellings. It is considered normal practice for developers to complete residential developments prior to bringing roadways up to the required adoptable standard.

The applicant/developer will be urged to re-open discussion with the Authority's Road Adoptions Officer to ensure that the road, footways and drainage are up to an adoptable standard. It appears from correspondence on the historic file that the Authority's former Highway Engineers did not raise any objection to adopting the road, and in fact the current applicant paid a bond to the Authority to upgrade an existing stretch of road adjacent to the site to ensure that it was made up to adoptable standard also.

It is considered that if the applicant/developer agrees to undertake such improvement works within a reasonable timescale then a number of the issues of concern raised by the objector will have been addressed.

As Members will be aware Health and Safety issues are covered under different legislation and therefore such issues will not influence any decision made on this current application. In the same manner, the issue raised in respect of materials being dumped at the site is also not material in the determination of this current application.

The final issue of objection and concern raised relates to the fact that it is envisaged that the land is not stable enough to build upon. The development currently proposed involves some excavation work, however primarily makes use of the fall of the land to provide a split level dwelling. This will remove any need for a substantial retaining wall structure to the rear, which is a gain in both visual and structural terms. The onus however is clearly on the developer to ensure that the development is structurally sound, accords with the relevant building regulations and does not result in any adverse impact in terms of land instability.

CONCLUSION

There is no doubt that the principle of developing this site for residential use has already been established by virtue of the previous planning permission granted. The current application relates purely to an amended proposal on Plot 12.

The six dwellings already constructed consist of split level, bungalows and dormer dwellings. Therefore, the proposed split level design, which makes efficient use from the fall in the land, does not detract from the designs of existing dwellings at this site. The external finishes to the proposed dwelling and boundary treatment measures match that of the six dwellings already constructed, ensuring that an element of consistency is retained in design terms.

Cross section drawings submitted with the application, indicating existing and proposed levels, indicate that the proposed dwelling will sit well in the context of the immediate street scene, and will not appear overly dominant.

It is considered that the issues of concern raised have adequately been addressed as part of the appraisal. As previously stated a letter of intent from the applicant stating that the road and footways will be brought up to at least base course level within a reasonable timescale will be sought prior to the planning committee being held.

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 subject to the imposition of the following conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

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

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1250; 1:200; 1:50 scale plans, received on 21 September 2007 and the amended 1:200; 1:50 and 1:20 scale plans received on the 19th October, 2007 unless amended by any following conditions.

3 No development shall commence on the dwelling hereby approved until the whole of the site access road and footpaths are laid out to at least base course levels, to the written approval of the Local Planning Authority

4 The garage space provided shall be retained in perpetuity behind the front building line of the dwelling, to be used for private purposes incidental to the enjoyment of the dwelling and not for any business or commercial purposes.

5 Prior to the beneficial occupation of the dwelling hereby approved, all the required boundary walls and fences shall be fully constructed as shown on the amended 1:200 and 1:20 scale plans received on the 19th October, 2007.

6 The proposed development shall be constructed strictly in accordance with the 1:200 scale finished floor level and cross section plans received on the 21st September, 2007, and there shall be no departure from these levels without the prior written consent of the Local Planning Authority.

7. Prior to the commencement of development, full details of the proposed surface water system, including the results of percolation tests, are to be submitted to, 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.

2,5&6 In the interest of visual amenities.

.

3. In order to safeguard the amenity of adjacent occupiers of the site and in the interests of highway safety.

4. In the interest of visual amenity and highway safety.

7. In order to prevent localised flooding

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, 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 H2 of the UDP in that the site is within the defined settlement limits of the area and the proposal does not conflict with any other policies in 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

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 Welsh Water is contained in their letter 23 October 2007, appended to this planning permission.

Further advice and guidance from the Environment Agency is contained in their letter dated the 2nd October, 2007 appended to this planning permission

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.

The applicant/developer is strongly advised to contact the Authority's Highways Adoptions Officer, Mr. Cliff Cleaton, at the earliest opportunity to discuss the issue of Road Adoption under Section 38 of the Highways Act 1980.

Application No

S/17467

Application Type

Outline

Proposal
& Location

RENEWAL OF OUTLINE PERMISSION S/08170 FOR A SINGLE DWELLING GRANTED ON 28TH OCTOBER 2004 AT LAND ADJACENT TO, 25 ELGIN ROAD, PWLL, LLANELLI, CARMARTHENSHIRE, SA15 4AD

Applicant

MISS J DAVIES, 25 ELGIN ROAD, PWLL, LLANELLI, CARMARTHENSHIRE, SA15 4AD

Case Officer

Electoral Ward

ROBERT DAVIES

HENGOED

Date of Registration:

03 OCT 2007

CONSULTATIONS

Llanelli Rural Council - No observations received to date.

Local Member - County Councillor E Morgan and County Councillor K P Davies have not responded to date.

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

Neighbours/Public - 7no. neighbouring properties notified of the application and re-consulted on amended plans received. Three letters of representation received, one raising no objection, and the other two from the same neighbouring property raising the following objections:-

· Elgin Road is a narrow street with a high degree of on street parking. Congestion currently stands at a maximum level, and yet another house will only serve to exacerbate the situation.

· There are a great deal of buildings going up in Elgin Road completely spoiling the semi rural character. Houses are being slotted into the tiniest of spaces and as a result the street looks very untidy and disjointed.

· For the last 12 months building works for an extension at no.25 Elgin Road have caused a great deal of disturbance and nuisance. The same will happen if a new dwelling is approved.

RELEVANT PLANNING HISTORY

The following previous application(s) have been received on the application site:

S/08170 Detached dwelling (Outline)

S/06109 Proposed detached dwelling (Outline)

D5/17371 Residential Building Plot (Renewal)

D5/15277 Residential Building Plot

APPRAISAL

THE SITE

The application site is located on the southern flank of Elgin Road, Pwll, Llanelli, which is a narrow public highway occupying an elevated position overlooking Carmarthen Bay and runs parallel with the main A484. The site consists of a long parcel of land which at present forms part of the well maintained garden area of No.25 Elgin Road. Bordered to the north by other residential properties in Elgin Road, while the rear gardens of properties in Pwll Road lie to the south but at a much lower level, the site is bordered to the east and west by residential dwellings. Being some 43 metres deep and having a frontage of some 11 metres, the site slopes in a southerly direction from it's highest point adjacent to the highway down towards properties in Pwll Road.

THE PROPOSAL

The application seeks permission to renew the outline planning permission for a single dwelling at the site, which was approved by the Planning Committee on the 28th October, 2004 under planning application reference number S/08170. The application is therefore in outline form, with all matters reserved for future consideration.

Although all matters have been reserved for subsequent approval, the applicant has submitted an indicative layout which illustrates how a dwelling, parking and turning area may be accommodated on the site.

PLANNING POLICY

The application site is located within the defined settlements of the area as delineated in the Adopted Carmarthenshire Unitary Development Plan, 2006 (UDP). In respect of the applications 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 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 neighbouring property has objected to the application. The reasons for objection raised are material planning considerations and will therefore be individually addressed as part of this appraisal.

It is acknowledged that Elgin Road, due to many dwellings being unable to provide off street parking, does suffer from some congestion. However, the indicative layout submitted with the application clearly indicates that new dwelling will be able to provide an off street parking and turning facility. The existing dwelling has recently built an integral garage with driveway, which ensures that an off street parking arrangement will also remain at the existing dwelling. The proposal relates to the construction of one dwelling, which will involve minimal additional traffic generation. As such it is considered that the proposal would not give rise to any adverse impact on highway safety.

In response to the second issue, namely impact upon the character of the area, it should be noted that the application site is located within the defined settlement limits of the area, whilst the previous outline planning permission granted on this identical site, has certainly established the principle of developing the site for residential use. Elgin Road itself, is residential in character, and consists of a mixture of residential properties of differing scales and design. Detailed consideration would have to be given at any future reserved matters or full application to ensure that the scale and design of any dwelling would serve to complement and enhance the street scene. The application site, which has a road frontage of 11 metres and is 43 metres in depth is considered large enough to accommodate a dwelling without resulting in a cramped from of development. The dimensions of the application site are identical to those previously approved.

In terms of the final issue of concern raised in relation to disturbance and noise, unfortunately as with any building works there is inevitably going to be a degree of noise and disturbance, however this is only likely to be on a short term basis as it is also in the developer's interest to complete the development as soon as via possible. Saying this however, if the development of the site does result in unacceptable levels of noise and disturbance then this becomes a Statutory Nuisance issue, which is controlled by the Authority's Public Health division under the Environmental Protection Act legislation. It is considered that the proposed residential end use is fully compatible with surrounding residential properties.

CONCLUSION

As previously mentioned the application site is located within the defined settlement limits of the area, and has benefited from outline planning permission in the past. Therefore the principle of developing the site for residential use has already been established, and there has been no material change of circumstance since the previous permission was granted. The current application only seeks to renew the previous outline permission.

It is considered that 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 subject to the imposition of 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 The permission now granted relates to the land defined by the amended 1:1250 and 1:500 scale plans received on 16th October, 2007.

4 The development of the site shall not be commenced until detailed plans showing the siting, design and external appearance of the proposed dwelling together with site drainage, means of access, finished floor/roof levels relating to the level of Elgin Road, and cross sections through the site are submitted to and approved by the Local Planning Authority.

5 External facing materials shall be of a colour and texture indigenous of the locality and sympathetic to the surrounding area, being of a render finish with grey/blue roof slate.

6 A car parking/garage space shall be provided and retained in perpetuity behind the building line of the dwelling, to be used for private purposes ancillary to the enjoyment of the dwelling and not for any trade or commercial purpose.

7 The car parking/garage space arrangement recently provided at no.25 Elgin Road, as referred to in the correspondence dated the 15th September, 2007, and as shown on the amended 1:500 scale block plan received on the 16th October, 2007 shall be retained in perpetuity, to be used for private purposes ancillary to the enjoyment of the dwelling, and not for any trade or commercial purpose.

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

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

5 In the interest of visual amenity.

6 In the interest of visual amenity and highway safety.

7 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 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

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

2 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.

Applications Recommended For Refusal

Application No

S/15581

Application Type

Outline

Proposal
& Location

RESIDENTIAL DEVELOPMENT TOGETHER WITH ASSOCIATED HIGHWAY AND JUNCTION IMPROVEMENTS, CAR PARKING AND SERVICING, OPEN SPACE AND LANDSCAPING, AND OTHER ANCILLARY USES AND ACTIVITIES AT LAND AT CEFNCAEAU, (LOCATED OFF MAESARDDAFEN ROAD AND ERW LAS), LLANELLI, CARMARTHENSHIRE

Applicant

CORUS UK LTD, C/O AGENT

Agent

GVA GRIMLEY LLP, ONE KINGSWAY, CARDIFF, CF10 3AN, (CONTACT: TIM GENT/CHRIS JENKINS)

Case Officer

Electoral Ward

PAUL ROBERTS

PEMBERTON

Date of Registration:

23 FEB 2007

CONSULTATIONS

Head of Transport - Recommends that the application be refused on the basis that the existing road is considered inadequate in terms of width, alignment or passing places to accommodate the further traffic which would be generated by the proposed development and the proposal would lead to increased traffic movements along a section of road with no pedestrian facilities.

Head of Street Scene - Requests a financial contribution towards the improvement of off site leisure/playground facilities in the locality.

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

Head of Public Protection - No adverse comment.

Head of Public Protection Social Care and Housing (Principal Housing Officer) - Requests that a 25% proportion of the housing proposed as part of the scheme shall be affordable.

Head of School Organisation - No response received to date.

Llanelli Rural Council - Object to the application on the grounds that the development will have a detrimental impact on the surrounding road infrastructure and general highway safety. The Council also highlight that should outline planning permission be granted, then a substantial Section 106 agreement should be pursued with the developer for the enhancement of Tir Einon Park and playground, the provision of affordable housing, as well as a contribution to local education.

Local Members - County Councillor D J Davies has not commented to date on the application. County Councillor T D Bowen is a member of the Planning Committee and has therefore made no prior comment.

Dwr Cymru/Welsh Water - Object to the application on the grounds that the proposed development would overload the Waste Water Treatment Works and that no improvements are planned within their Capital Investment Programme. They consider any development prior to improvements being made to be premature and therefore object to the development.

Environment Agency - No adverse comment. Request the imposition of conditions on any planning permission granted relating to the finished floor levels of the proposed access road and dwellings, the restriction of surface water run off flows and restoration of culverted watercourses to open watercourses.

Countryside Council for Wales - No adverse comment. Encourage the retention of the central hedgerow within the site and that the applicant proposes further surveys to be undertaken to assess possible impacts where the hedge is to be bisected. Also welcome that the County Council will be responsible for the sympathetic and conservation-minded management of part of part of the site.

Wales and West Utilities - No adverse comment.

Cambria Archaeology - No adverse comment subject to the imposition of a suitable condition requiring that no development shall commence until a programme of archaeological work has been secured in accordance with a written scheme of investigation which should be submitted to the written approval of the Local Planning Authority.

Neighbours/Public - The neighbouring properties within the vicinity of the site have been notified of the application with the proposal also being advertised by means of a site and press notice. In response, a significant number of letters of representation have been received from neighbouring residents who object to the application and draw reference to a number of issues of concern. Two petitions have also been received in opposition to the development, the first signed by 10 neighbouring residents whilst the second has been signed by approximately 120 residents. The issues of concern raised include :

· The suitability of the existing road network to accommodate the likely additional traffic and the consequential impact upon highway safety.

· Problems associated with construction traffic and potential damage to neighbouring properties.

· The need for the additional houses within the area.

· Potential flooding and surface water problems within the site.

· Potential anti social behaviour associated with the creation of new playgrounds as part of the development.

· Loss of wildlife and habitats.

· Loss of existing green areas.

· Loss of privacy to neighbouring properties.

· Loss of value of existing properties.

· Previous planning history of the site.

RELEVANT PLANNING HISTORY

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

S/7191 Reprofiling existing land with suitable

D5/16100 Residential Development

APPRAISAL

THE SITE

The application site consists of two main separate parcels of land located in the Cefncaeau/Llwynhendy area of Llanelli directly to the north of the A484 link Road. The smaller of the two parcels (Area A) consists of a roughly square shaped parcel of land located at the southern end of Maes ar Ddafen Road on its south eastern side. The site covers an area of approximately 2.1 hectares which slopes gently downwards towards its south western boundary and comprises semi improved grassland which is currently grazed by horses. Immediately to the south east of the site are the properties fronting the southern end of Heol Hen whilst to the north east is Ysgol yr Ynys primary school. The south western boundary of the site is bound by public footpath with the A484 beyond which is embanked at a higher level than the site. To the west of Maes ar Ddafen Road is the ongoing Pemberton retail and commercial development.

The larger of the two parcels of land (Area B) is located to the south east of Area A with both being separated by the residential properties fronting the southern end of Heol Hen and an additional small field. This parcel of land is of an irregular shape covering and area of some 7.6 hectares and similar to Area A is bounded on its south western side by the embanked A484. The land comprises a number of large grassland fields separated by belts of hedgerows and small trees with areas of marshy grassland and two small streams to the south. The southern part of the site also consists of a strip of raised ground which runs in an east-west direction and is characterised by a steep vegetated embankment. To the north of the site are the residential properties of Tir Einon and Parc Gitto which are elevated above the site whilst to the east is Erw Las and the residential properties fronting this highway. The Corus Trostre Works is located immediately to the south of the A484.

In addition to the above, the application site also consists of a third very small parcel of land located between Areas A and B. This parcel of land is sited at the southern end of Heol Hen being irregular in shape and covers an area of approximately 0.1 hecatres.

THE PROPOSAL

The application seeks outline planning permission for residential development together with associated highway and junction improvements, car parking and servicing, open space and landscaping and other ancillary uses and activities. All detailed matters relating to the development are reserved for future consideration and as such the application seeks purely to establish the principle of residential development on the site.

Notwithstanding the above, the application has been accompanied by an indicative layout plan of the development which serves to demonstrate the likely capacity of the site and the form any development may take. Furthermore, a Movement Impact Assessment, Flood Consequence Assessment; Ecological Assessment and Archaeological Appraisal were also submitted in support of the application.

In respect of Site A, the illustrative layout proposes a new access road directly off the southern end of Maes ar Ddafen with one main internal road creating a loop in the site with the residential units being arranged around the roadway. It is envisaged that the site has the potential to accommodate approximately 100 houses which could include two/three bedroom link dwellings, three bedroom semi detached dwellings and three/four bedroom detached dwellings.

Turning to Area B, the illustrative layout shows a new access leading directly off Erw Las via a new mini roundabout to be created at the point of access. Essentially, the development layout of this parcel of land reflects the flood risk constraints identified within the Flood Consequence Assessment accompanying the application. The majority of the southern part of Area B is in Flood Zone C1 and consequently the development is to be concentrated within the northern part of the site with the remainder being retained as an extensive area of open space. The indicative layout proposes an internal loop road which it is envisaged could serve up to 200 units of a similar mix to that proposed as part of the development of Area A.

With regard to the third smaller parcel of land separating Areas A and B, it is proposed that this area could be used for open space purposes in association with the development of both the main parcels of land.

Section 106 Contributions

Members will have noted from the information above that the applicants for the proposed development are Corus UK Limited with the sites in question forming part of their wider land holdings in the Llanelli area. Corus' main operational land encompasses the Trostre Works which is located immediately to the south of the A484 and in submitting the application they have indicated that the land currently proposed for development is surplus to the operational requirements associated with these Works. The Trostre Works is the home of Corus Packaging Plus and is a key employer in the wider surrounding. Whilst the works have seen significant investment in new plant and technology over recent years, the applicants have advised that to maintain its position and ensure the on-going success of the plant as part of Corus' operational facilities, further investment and improvements are required.

In view of this need for further improvements within the works, the applicants' view the current proposal as an enabling development and in order to facilitate the reinvestment of funds into the Works, a reduced level of Section 106 contributions and community benefits to those normally required by the Authority have been put forward as part of the proposal. These include a 10% proportion of affordable housing in comparison with the 25% normally required which are to be in the form of discounted housing for sale with the discount being at 70% of open market values; and a financial contribution of £250,000 towards education provision/improvements within the surrounding area. In terms of the latter, a development of 300 houses would normally trigger a financial contribution of approximately £750,000 with the discount in contribution therefore equating to some £500,000.

With regard to the Authority's open space requirements, whilst the Authority would normally require a financial contribution comprising a payment of £10,000 plus £1,000 per dwelling, in the case of the current proposal the applicant's propose to dedicate the undeveloped areas of the application site, including the large area to the south of Area B, to the Authority as informal open space. No contributions towards the future maintenance of these areas have however been put forward as part of the application.

The applicants have indicated that the provision of a 25% proportion of affordable housing across the application site would have a cost implication of approximately £1.7 million based on the form of discounted housing referred to above. In comparison the provision of a lower level of 10% affordable housing would have a cost implication of approximately £680,000. Thus, the difference between the two rates of provision equates to approximately £1.02 million which together with the reduced level of education contributions proposed (i.e £250,000 instead of £750,000) would equate to a cumulative discounted amount of approximately £1.5 million. The precise amount will however clearly depend on the mix of units proposed on the site. In return for these reduced levels of contributions, Corus have indicated that they will commit to investing the discounted amount of up to £1.5 million directly into the Trostre Works in order to retain and support the position of the works. Members should be aware that Corus have advised the Authority that the main capital receipts from the sale of the application site, aside from the discounted Section 106 contributions, will not be re-invested into the Trostre Works to fund the necessary improvement works referred to above. They propose that the agreed level of contributions together with the commitment to invest funds into the Works will be the subject of a unilateral undertaking or similar legal agreement. It is proposed that this agreement will also include a provision that should the funds not be invested in the plant, the applicant will be required to provide an equivalent sum for the provision of affordable housing elsewhere in the area and towards the provision of education facilities associated with the houses developed on the application site.

Finally, turning to the improvement works required within the Trostre plant, subsequent information has been received from the applicant which indicates that the discounted contribution money of £1.5 million will be invested into ongoing capital projects within the works which in 2008 will comprise large coil production and the renewal of the current stock management system. These schemes are budgeted at £1.24 million and £0.5 million respectively with the £1.5 million being used in respect of both projects and the remainder being funded by internal revenue.

With regard to the Large Coil Production, the objective of the project is to de-bottleneck the Five Stand Cold Rooling Mill at the Trostre Works which would enable the plant to process an extra 43,000 tonnes per annum of material. In recent years this volume of material has been sub-contracted to the Corus site in Llanwern but at significant additional cost. In the current financial climate, Corus have indicated that sub-contracting is not a viable option and as such the plant is faced with the option to either drop its production volume or become self-sufficient in the supply of cold reduced material. They highlight that steel manufacture is a volume driven business whereby manufacturing costs significantly increase as volumes reduce which further undermines the competitiveness and viability of the plant. Thus, if the plant cannot restore the 43,000 tonne volume then it would leave the plant in a situation where it would be significantly overmanned and Corus would have to de-shift the plant with the resultant loss of over 150 jobs.

In terms of the renewal of the stock management system Corus have indicated that their strategy to securing an ongoing tinplate manufacturing operation in the UK is based on providing a level of service which offsets the UK's higher manufacturing costs in the face of cheap imports from the Far East and Eastern Europe. The principal device for driving this is considered to be a 2 week lean time project. Currently customers in the European Tinplate market would expect typically a 6 to 7 week lead-time from placing an order to delivery whilst Corus have indicated that their objective is to provide this service on a 2 week basis. They advise that the cornerstone for this process is the deployment of lean manufacturing tools and techniques including a pull production system within the works, and they indicate that the core element of pull production is to have excellent stock accuracy to ensure that all orders are processed in a systematic way.

At any one time, Trostre will have 25,000 of material flowing through the plant typically in coil sizes between 10 tonnes and 15 tonnes and each of these coils must be located in a specific location with both coil and location identified by a unique bar code. Corus indicate that current technology used for this purpose dates back to the mid 1990s and is now obsolete and consequently the system has fallen into disrepute. The capital proposal is therefore to replace the existing equipment with a modern, reliable faster system.

PLANNING POLICIES

The application site is located within the defined development limits of Llanelli as delineated in the Adopted Carmarthenshire Unitary Development Plan and forms part of a larger area designated as the Pemberton Planning and Development Brief Site. Reference is therefore drawn to the following policies of the Plan :

Policy E15 of the Plan identifies the Pemberton Site as a strategic regeneration site whilst Policy E17 stipulates that the authority will require the production of planning and development briefs for such sites. The former Policy is supplemented by Appendix 3 of the Plan which stipulates that the Authority will seek to facilitate a comprehensive redevelopment programme for the site based on an urban village concept with residential development and ancillary community facilities considered to be appropriate uses. The policy goes on to highlight that the site's proximity to Trostre Retail Park will also be noted in considering future development proposals. The north western part of the Pemberton Development Brief Site has previously been granted planning permission for a stadium and mixed use retail/commercial development which is currently ongoing and the current application site forms the majority of the remainder of the Development Brief Site with the exception of a number of smaller parcels of land to the west of Parc Gitto and Erw Las. The UDP itself identifies a number of Planning and Development Brief sites throughout the county, which have the potential to contribute 1,802 dwellings during the plan period to 2016.

Policy H18 stipulates that all significant residential development proposals should comply with the scope and content of approved planning and development briefs, however, in the event of a planning application being submitted prior to the preparation and approval of a brief, the development proposal will be evaluated and determined in accordance with the relevant policies of the UDP.

Policy GDC1 promotes environmentally sustainable proposals and encourages the utilisation of vacant, underused or previously developed land, whilst Policy GDC2 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 H2 permits proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan and subject to there being no highway, amenity or utility service provision objections.

Policy GDC33 of the Plan seeks to negotiate contributions from developers in larger scale developments to fund community and education facilities, infrastructure projects and affordable housing within the local area which should be fairly and reasonably related in scale and kind to the development. This policy is reinforced by Policies C4 and REC8 which relate to the provision of community facilities and open space provision within appropriate housing developments. Similarly, in terms of affordable housing provision, Policy H4 requires that where there is a demonstrable lack of affordable housing to meet proven local needs the Authority will seek the inclusion of a reasonable element of such housing within new schemes.

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

Policy UT1 of the Adopted Carmarthenshire Unitary Development Plan, 2006 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. Similarly, Policy GDC14 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.

In addition to the above, given the part of the site's location within a C1 flood risk zone, as defined by the development advice maps referred to under TAN 15 Development and Flood Risk (July 2004), reference should also be made to Policy GDC30 of the Plan which stipulates that highly vulnerable forms of development such as residential development will not be permitted in zone C2. Furthermore the Policy states that highly vulnerable development within zone C1 and/or other development within zone C will only be considered where it can be demonstrated that it concurs fully with the justification specified in Section 6 of TAN 15, in particular the site complies with the definition of previously developed land; and an appropriate flood consequences assessment has been completed and approved.

This policy is reinforced by Planning Policy Wales, TAN15, Development and Flood Risk (July 2004) which states that new development should only be permitted within zones C1 and C2 if determined by the planning Authority to be justified in that location. It goes on to state that development will only be justified if it can be demonstrated that :

i. Its location in zone C is necessary to assist, or be part of, a local authority regeneration initiative or a local authority strategy required to sustain an existing settlement; or

ii Its location in zone C is necessary to contribute to key employment objectives supported by the local authority, and other key partners, to sustain an existing settlement or region; and

iii It concurs with the aims of PPW and meets the definition of previously developed land (PPW fig 2.1); and,

iv The potential consequences of a flooding event for the particular type of development have been considered, and in terms of the criteria contained in sections 5 and 7 and appendix 1 found to be acceptable.

Policy BE3 of the Adopted Carmarthenshire Unitary Development Plan, 2006 states that where development is proposed on or near sites of archaeological interest, an archaeological assessment will be required prior to the determination of the application.

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.

THIRD PARTY REPRESENTATIONS

As highlighted above, a significant number of letters of representation including two signed petitions have been received from neighbouring residents who object to the application and draw reference to a number of issues. Concerns have also been expressed by Llanelli Rural Council. These will be addressed in the following appraisal.

It is firstly worth noting that matters raised by neighbouring residents relating to the devaluation of property prices and potential damage caused to neighbouring properties by construction traffic are not material in the determination of the application. Similarly, concerns raised regarding noise and general disturbance during the construction of the development are also not relevant to the Authority's considerations.

The vast majority of representations received refer to the inadequacy of the local highway network to accommodate the additional level of traffic likely to be generated by the development of Area B of the application site and the consequential impact upon highway safety within the surrounding area. It is firstly worth noting that vehicle access to Area B is achieved via Erw Las which at its northern end splits into two roads, namely Parc Gitto and Hendre Road, both of which link with the main Llwynhendy Road to the north. At its southern end Erw Las links with the wider network via a priority junction over a railway line bridge. Particular concern has been expressed regarding the restrictive nature of both Parc Gitto and Hendre Road to the north of Area B, and Erw Las and its associated railway bridge to the south. In terms of the former, respondents have highlighted the limited width and level of on street parking on these roadways whilst also drawing reference to the restricted level of visibility at a number of blind bends on Parc Gitto and a lack of pedestrian footways.

With regard to the roadway to the south, a number of respondents have expressed concern that the existing railway bridge and unclassified highway beyond are too narrow to accommodate the additional flow of traffic likely to be generated by the development of the site. Similar concerns relating to the adequacy of the road network have also been expressed by the Rural Council.

The Authority's Head of Transport having considered the findings of the movement impact assessment together with a number of subsequent supplementary transport notes provided by the applicant has recommended that the application be refused on the basis that a section of the carriageway along the southern part of Parc Gitto is considered inadequate in terms of width, alignment and passing places to accommodate the additional traffic likely to be generated by the development of Area B. Furthermore, given the lack of pedestrian footways on this section of roadway he is of the opinion that the increased traffic movements would also cause an unacceptable material harm to the safety of pedestrians along this route.

The Head of Transport's concerns relate to a relatively short section of highway located from nos. 69/67 Parc Gitto around the bend up to nos. 37a and 8 Parc Gitto where the carriageway narrows considerably and there is restricted visibility given the alignment of the road. The restrictive width of the highway means there are limited opportunities for vehicles moving in a northerly and southerly direction to pass along this section of roadway whilst the sharp bend in the road also means there is limited forward visibility in both directions. Whilst vehicles accessing or egressing Area B would be able to do so via either Parc Gitto or Hendre Road to the north and Erw Las to the south, given the likely number of units to be developed on this parcel of land (being in the region of 200) the Head of Transport is of the opinion there will inevitably be an increase in traffic along this substandard section of Parc Gitto to and from Llwynhendy which it is considered would be unacceptable and detrimental to the general level of highway safety within the area.

In response to the observations of the Head of Transport, the applicant's have suggested a number of possible traffic management schemes along the section of highway in Parc Gitto. These included a priority scheme and a 20mph traffic calming zone or a combination of both measures. The former would involve the introduction of two priority narrowings on Parc Gitto with actual build outs to ensure that vehicles have to slow down on the approaches to the narrowed sections, whilst the calming zone proposed the creation of a 20mph zone from the site access roundabout junction along the entire length of Parc Gitto and Hendre Road to their junctions with Llwynhendy Road and would involve the creation of speed cushions and traffic signs. These measures, however, did not address the Head of Transport's concerns in relation to the likely levels of increased traffic generation.

Further to the above, the applicant has also referred to the recent publication of the 'Manual for Streets' document in 2007 which supersedes previous guidance set out in Design Bulletin 32 and provides technical guidance in relation to the design of residential streets and neighbourhoods. The document advocates that in lightly trafficked streets carriageways may be narrowed over short lengths to a single lane to act as a traffic calming feature whilst it goes on to state that there will also be situations where it is desirable to reduce forward visibility to control traffic speeds. The document highlights that these principles may also be applicable to other types of streets, for example, high streets and lightly trafficked lanes in rural areas. In essence, the applicant proposes that whilst the narrow stretches of highway along Parc Gitto do not meet the old standards of residential highways, they embrace the ethos of the Manual for Streets Document and will serve to slow traffic speeds down along the route without the need for calming solutions. However, in contrast to this view, the Highway Authority are of the opinion that the highway network of Parc Gitto and Erw Las does not conform to the Manual for Streets classification of lightly trafficked residential streets and in this instance the restrictive nature of the highway network in terms of width and forward visibility will have a detrimental impact upon highway safety given the level of additional traffic likely to be generated by the development of Area B.

Finally, in terms of the highway implications of the development, it should be noted that the Head of Transport has offered no objection to the proposed means of access to Area A of the application site. In this regard, however, it is apparent from the site plan submitted that Area A of the site does not directly abut the public highway of Maes ar Ddafen Road with a narrow strip of land separating the site and the estate road. To ensure the development can be accessed from the public highway, the application site should be contiguous with the roadway and thus this area of land should be included within the application site. Moreover, should this area of land be in separate ownership then the requisite notice will also need to be served on the relevant land owner owners as part of the application. To clarify matters in this instance, the applicant has been requested to confirm whether this narrow strip of land is in fact in their ownership, however, no response has been received to date.

A number of respondents have highlighted that Areas A and B of the application site are both prone to flooding with a consequential risk to the development of both sites. Area A, however, is located outside the flood risk zones as defined by the development advice maps referred to under TAN 15 Development and Flood Risk (July 2004) and as such it is not considered that the development of this land would be at risk from flooding. Furthermore, whilst the southern part of Area B is located within flood zone C1, the remainder of this area of the site is located outside the flood zone as is clearly reflected in the illustrative layout submitted which shows the development located in the northern part of the site and the southern part being retained as an area of open space. The access road serving the site from Erw Las is to be raised above existing levels to mitigate against the risks of flooding with the existing embankment at the southern end of the site being re-profiled to provide flood plain compensation for this raised area. The application is accompanied by a flood consequence assessment and a series of subsequent addendums which have been carefully considered by the Environment Agency who have confirmed they have no objection to the development from a flood risk perspective subject to the imposition of a number of suitable conditions.

A number of residents of Heol Hen have questioned the suitability of Area A for development given current surface water and flooding difficulties on the land. Firstly, with regard to the flooding issue raised, the Environment Agency have offered no objection to the development of Area A from a flood risk perspective, as highlighted above. In terms of surface water concerns, whilst no specific details of the proposed means of disposal from the site have been submitted with the application, there is no evidence to suggest that an appropriate means of disposal cannot be achieved with the Environment Agency also offering no objection in this respect. Given the development will clearly result in an increase in impermeable surfaces within the site the flood consequence assessment has indicated that mitigation measures will be required to ensure that discharge rates from the development are restricted to greenfield rates prior to disposal to any watercourse or receiving system. A number of options have been put forward for this strategy and are likely to include the use of Sustainable Urban Drainage Systems (SuDS) such as swales and dry or wet ponds in accordance with national guidance with additional potential to use permeable paving and underground storage systems. Such attenuation measures will serve to ensure that neighbouring properties are not adversely affected by the development in terms of flood risk. Full details of the proposed means of disposal will be assessed as part of any subsequent detailed application.

Turning to the issue of foul sewerage disposal, Welsh Water originally objected to the application on the basis that the development would overload the Waste Water Treatment Works and that no improvements are planned within their Capital Investment Programme. In response to this objection, the applicants have indicated that it is their intention to commission Welsh Water to undertake a modeling assessment of the system to establish the likely level and cost of the improvement works required and ultimately to fund these works to enable the progression of the development. No assessment has, however, been undertaken to date. In light of the applicants' intentions, Welsh Water have subsequently advised that they would potentially withdraw their objection to the development subject to any planning permission granted being conditioned to require that the improvement works be undertaken as part of the development. In particular, two alternative conditions have been suggested, the first of which stipulates that the point of discharge of the new foul drainage system shall be to a point of adequacy on the public sewerage system as determined by an hydraulic modeling assessment, whilst the second stipulates that there shall be no beneficial use or occupation of the dwellings until the essential improvement works have been undertaken.

However, the granting of permission with such a condition would in effect be establishing the principle of the development of the site without firstly determining the extent, level and indeed cost of the improvement works required. In this regard, members attention is drawn to the 6 standard tests for conditions outlined in Circular 11/95 one of which seeks to ensure that all conditions applied to planning permissions are precise. Clearly, in this instance the level and extent of the improvement works required to facilitate the development of the site are unknown at this stage pending the completion of the modeling assessment and thus it is the Authority's opinion that the suggested condition would fail the relevant test of the circular and would not therefore in this instance be appropriate. Moreover, it is worth noting that the conditions suggested by Welsh Water would in effect be a 'grampian' conditions given they would relate to works required at the relevant pumping stations or treatment works which are outside the control of the applicant. Circular 11/95 and the various case law regarding the use of such conditions highlight that the test of whether such conditions are reasonable rests on the issue of whether there are at least reasonable prospects of the required action or works being performed or completed within such time as to enable the permission to be commenced within the time limit imposed by the permission. In the case of the current proposal, however, given the level and extent of the improvement works required are unknown at this stage, the Authority is unable to assess the likelyhood of these being implemented within the time period of any outline planning permission granted.

A number of respondents have also expressed concern that the proposed development of Area A will result in the general over development of the surrounding area with the loss of one of the few remaining green areas. Furthermore, the need for additional housing within the area has also been questioned. In terms of the principle of the development of the overall site, the land forms part of a larger area of land which is designated as a Planning and Development Brief Site for strategic regeneration under Policy E15 of the adopted UDP and has been identified as being suitable for residential development under Appendix 3 of the Plan. As previously stated, the north western part of this Development Brief Site now comprises the approved stadium and mixed use retail/commercial development which is currently ongoing and the development of the remainder of this overall area for residential purposes is considered to be consistent with anticipated development form of the Development Brief Site together with the Llanelli Growth area objectives of the Sustainable Strategic Settlement Framework of the UDP. In this regard, it is worth noting that the Authority's Forward Planning Manager has offered no objection to the development from a policy perspective. Both areas of land forming part of the application are bound by existing developments together with the A484 link road to the south, and it is considered that the comprehensive development of the site would represent an acceptable extension of the existing urban form which would be well related to the existing services and facilities within the overall area in accordance with the sustainability objectives of both the UDP and national guidance.

A number of issues of concern have also been raised regarding the impact of the development upon local wildlife and the potential loss of trees and hedgerows both within and around the site. In response, however, the application has been accompanied by a detailed ecological assessment of both areas of the site which has demonstrated that the site does not include any nature conservation designations or indeed any habitats or species of more than local importance. Indeed, in terms of potential tree and hedgerow loss it should be noted that the illustrative layout submitted shows the majority of the existing hedgerows running through Area B of the of the site being retained and incorporated as part of the development whilst similarly the landscape features on the perimeter of Area A are also to be retained. Moreover, given the flood risk constraints of the southern part of Area B of the site, no development is to take place on these marshy grassland areas within the vicinity of the existing watercourses and the applicant has suggested that the development proposals offer the scope for the future management and improvement of this lower lying area to ensure that its biodiversity value is maintained and enhanced. It should be noted that the Authority's Biodiversity Officer and the Countryside Council for Wales have both offered no objection to the proposed development subject to the imposition of a number of conditions on any permission granted which include the requirement to submit a management plan for the abovementioned area as part of any future detailed application.

In relation to concerns regarding the potential loss of privacy to neighbouring properties, members will have already noted that the proposal relates to an outline application and as such seeks purely to establish the principle of residential development on the site. No detailed matters relating to the siting, design or external appearance of the dwellings have been put forward for consideration as part of this submission and as such, issues relating to the impact of the development upon the residential amenity of neighbouring properties and indeed the general appearance of the surrounding area will be considered as part of the determination of any subsequent detailed application.

A number of residents have expressed concerns that there are inadequate amenity and play areas within the surrounding area to accommodate the likely level of development and consequently children will revert to playing on the streets to the detriment of their general safety. In response, however, it should be noted that a scheme of the scale proposed will be required to provide sufficient formal and informal amenity space as part of the development in accordance with the Authority's requirements, thus addressing the respondent's concerns. Indeed, the indicative layout plan shows the provision of a formal play space within Area A of the site together with potential additional provision within the smaller parcel of land separating both main parcels of land. It should be noted that Area B of the site is also well related to the existing playground located to the south of Tir Einon. Concerns have also been expressed regarding potential anti social behaviour associated with the creation of new play areas, however, such matters are outside the scope of planning control and are not therefore relevant to the proposal.

Finally, a neighbouring resident of Area A of the site has highlighted that a previous application for the development of this land was refused in 1994 and that the current application should also be refused. However, matters relating to previous decisions on the site are not considered relevant to the current application which is to be determined on its own individual merits in accordance with the policies and proposals of the development framework provided by the Unitary Development Plan.

CONCLUSION

Whilst the application site is designated as a strategic regeneration site within the adopted UDP and identified as being suitable for residential development, in this instance the overriding material considerations in the determination of the application are considered to be the Head of Transport's objection to the development and the current lack of adequate capacity within the Waste Water Treatment Works to accommodate the additional development, as advised by Welsh Water. In terms of the former, notwithstanding the site's UDP designation the Head of Transport is of the opinion that the existing carriageway at the southern end of Parc Gitto is of insufficient capacity to accommodate the additional traffic likely to be generated by the development of the larger parcel of land identified as Area B, and would consequently be detrimental to the general level of highway safety. The proposal is therefore considered to be contrary to policies GDC12, T3 and H2 of the Unitary Development Plan which require that the capacity of the local highway network should be of a sufficient standard to serve the development without detriment to highway safety.

With regard to the issue of sewerage treatment capacity, Welsh Water have indicated that the development would overload the Waste Water Treatment Works contrary to the requirements of Policy UT1 of the UDP which requires that planning permission should only be granted where the infrastructure is adequate to meet the needs of the proposed development. Whilst they have suggested that their objection to the development could be overcome by the imposition of a suitable condition on any permission requiring that essential infrastructure works be undertaken to facilitate the development, given that no hydraulic assessment of the required works has been undertaken to date, the level and extent of the works required are currently unknown and as such the Authority is of the opinion that such a condition would not be adequately precise to satisfy the requirements of Circular 11/95 relating to the standard tests for conditions. Moreover, given the lack of information, the Authority is also unable to assess the likleyhood of the required works being implemented within the time period of any outline permission granted.

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 be contrary to the policies of the UDP and as such is put forward with a recommendation for refusal.

RECOMMENDATION - REFUSAL

REASONS

1. The proposal is contrary to Policy T3 of the Carmarthenshire Unitary Development Plan (July 2006): -

T3 - HIGHWAY CONSIDERATIONS OF DEVELOPMENT

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL THAT DEVELOPMENT PROPOSALS (INCLUDING CHANGES OF USE) WILL BE PERMITTED, SUBJECT TO OTHER PLAN POLICIES, PROVIDED THAT:

(i) THE CAPACITY OF THE LOCAL HIGHWAY NETWORK IS SUFFICIENT TO SERVE THE DEVELOPMENT WITHOUT DETRIMENT TO THE SAFETY OF ROAD USERS AND PEDESTRIANS;

(ii) ACCESS PROVISION, INCLUDING TURNING AREAS, IS OF AN APPROPRIATE STANDARD FOR VEHICLES, CYCLISTS AND PEDESTRIANS.

WHERE THE CAPACITY OF THE LOCAL HIGHWAY NETWORK IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE DEVELOPMENT, UPGRADING WILL BE REQUIRED AS PART OF ANY CONSENT GRANTED.

In that the existing road is considered inadequate in terms of width, alignment or passing places to accommodate the further traffic which would be generated by the proposed development and would therefore be detrimental to the general level of highway safety. Furthermore, the proposed development would lead to increased traffic movements along a section of road with no pedestrian facilities to the detriment of highway safety.

2. The proposal is contrary to GDC12 of the Carmarthenshire Unitary Development Plan (July 2006): -

GDC12 - GENERATION OF TRAFFIC

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL THAT PROPOSALS WHICH WOULD GENERATE LEVELS OF TRAFFIC ON THE SURROUNDING ROAD NETWORK, WHICH WOULD CAUSE HARM TO HIGHWAY SAFETY ON THAT NETWORK OR TO THE AMENITY OF RESIDENTS LIVING ALONGSIDE THAT NETWORK, WILL BE REFUSED.

In that the existing road is considered inadequate in terms of width, alignment or passing places to accommodate the further traffic which would be generated by the proposed development and would therefore be detrimental to the general level of highway safety. Furthermore, the proposed development would lead to increased traffic movements along a section of road with no pedestrian facilities to the detriment of highway safety.

3. The proposal is contrary to Policy H2 of the Carmarthenshire Unitary Development Plan (July 2006) :

H2 - RESIDENTIAL DEVELOPMENT WITHIN SETTLEMENTS

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL TO PERMIT PROPOSALS FOR RESIDENTIAL DEVELOPMENT WITHIN THE DEFINED DEVELOPMENT LIMITS OF SETTLEMENTS (IN ADDITION TO THOSE IDENTIFIED IN POLICY H1) WHERE THE PROPOSAL CONFORMS TO, AND DOES NOT CONFLICT WITH THE POLICIES OF THE PLAN, AND SUBJECT TO THERE BEING NO HIGHWAY, AMENITY OR UTILITY SERVICE PROVISION OBJECTIONS.

In that the existing road is considered inadequate in terms of width, alignment or passing places to accommodate the further traffic which would be generated by the proposed development and would therefore be detrimental to the general level of highway safety. Furthermore, the proposed development would lead to increased traffic movements along a section of road with no pedestrian facilities to the detriment of highway safety.

4. The proposal is contrary to Policy UT1 of the adopted Carmarthenshire Unitary Development Plan (July 2006) :

UT1 - INFRASTRUCTURE IN NEW DEVELOPMENT

IT IS THE POLICY OF CARMARTHENSHIRE COUNTY COUNCIL TO ONLY GRANT PLANNING PERMISSION FOR DEVELOPMENT WHERE 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.

DEVELOPMENT SHOULD CONNECT TO THE PUBLIC SEWERAGE SYSTEM FOR THE DISPOSAL OF FOUL EFFLUENT. PERMISSION WILL NOT BE GRANTED FOR THE USE OF PRIVATE DRAINAGE WHERE CONNECTION TO THE MAINS IS FEASIBLE.

In that it would overload the Waste Water Treatment Works and no improvements are currently planned within Dwr Cymru Welsh Water's Capital Investment Programme. Furthermore, no information relating to the level and extent of infrastructure works required to facilitate the development has been provided to enable the imposition of a suitably precise condition on any permission granted.