31st October 2012 20871513 To: Members of the Council Dear Councillor Planning Committee Wednesday 7th November

2012 at Ferrier Hall, City Hall, Cardiff (meeting starts at 2.30.p.m.) I attach a copy of the schedule of Development Control Applications which will be considered at this meeting of the Planning Committee. The plans relating to the applications will be available for inspection at the City Hall, during the whole of Tuesday and Wednesday morning preceding the Committee. Unless otherwise stated in the report, Planning Committee has delegated powers to determine the applications in the schedule. Planning Committee (but not an individual member) can also refer a matter to another committee or to the Council for a resolution. However, Council cannot move an amendment to a recommendation relating to a planning application or make a recommendation relating to a planning application and can only refer a matter back to Planning Committee on one occasion, after which Planning Committee shall decide the matter. Please now note that if any requests for site visits are acceded to by the meeting, such site visits will take place during the afternoon of Wednesday 28th November 2012. If you submit a request for a site visit, you must include in your submission (a) a choice of at least two starting times for the site visit that you are requesting, each of which must be at least 45 minutes apart; and (b) the reasons why you believe that such a site visit is necessary. If you fail to provide any choices of starting times for the site visit that you've requested, it will be assumed that you will be available to attend such a site visit at any time of the day, regardless of what time it starts. The Clerk to the Council will circulate the Agenda for the meeting to the Members of the Planning Committee separately.
Yours sincerely

Strategic Planning and Development Manager

CARDIFF COUNTY COUNCIL PLANNING COMMITTEE THE REPORTS OF THE CHIEF STRATEGIC PLANNING AND ENVIRONMENT OFFICER

LIST OF DEVELOPMENT APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE ON 7TH NOVEMBER AT 2.30PM

AREA

PAGES

INNER OUTER HOUSEHOLDER

1 - 94 95 - 194 THERE ARE NO HOUSEHOLDER APPLICATIONS ON THE AGENDA FOR NOVEMBER PLANNING COMMITTEE

CARDIFF LOCAL DEVELOPMENT PLAN When regard is to be had to the Development Plan the Councils decision must be made in accordance with the Plan unless material considerations indicate otherwise. The Development Plan for the administrative area of Cardiff remains the City of Cardiff Local Plan (1996), the South Glamorgan (Cardiff Area) Replacement Structure Plan (1997) and the South Glamorgan (Cardiff Area) Minerals Local Plan together with the approved Mid Glamorgan County structure Plan incorporating Proposed Alterations No.1 (September 1989). In accordance with statutory procedures, the Council prepared and placed on deposit a Unitary Development Plan (to 2016) in October 2003. It has never been formally abandoned but agreement was reached with the Welsh Assembly Government in May 2005 to cease work on the UDP and commence work on a new Local Development Plan prepared under the provisions of the Planning and Compulsory Purchase Act 2004. On the 28 April 2009 Cardiff Council placed the Cardiff Local Development Plan 20062021 on deposit for public consultation. From that date, and in accordance with the Councils resolution, it was taken into account in development control decisions. On the 30th November 2009, following consideration of the responses to consultation, the submission draft was submitted to the Welsh Assembly Government for examination. However, in the light of the significant reservations expressed at an Exploratory Meeting by the Inspectors appointed to carry out the examination and their recommendation that the Local Development Plan be with drawn from the examination, the Council duly withdrew the LDP on the 12 April 2010. Unless a draft policy or proposal is a material consideration it should not be taken into account when making decisions: it is strictly irrelevant and if it is given weight in reaching a decision, that decision may be successfully quashed in the High Court. In the general run of cases the withdrawn Local Development Plan will not be a material consideration. If there is an issue in relation to which the withdrawn LDP is relevant, officers will advise the Committee specifically. Otherwise it should not be taken into account. Since the deposited UDP has not been abandoned, its policies and proposals may be a material consideration in a given case, but the weight which can be attached to the

UDP, and any statement of policy including the statutory Development Plan should be determined in the light of the following principal considerations: The degree to which later statements of national policy and the Wales Spatial Plan make the policy out of date and suggest a decision should be taken otherwise than in accordance with it; The degree to which the policy is out of date for any other reason; The level and nature of any objection to a UDP or other draft policy.

Table 1.1: Existing Development Plans covering the Cardiff County Area Cardiff County Area Cardiff Deposit Unitary Development Plan (to 2016)

The Plan was placed on deposit in October 2003 and agreement was reached with Welsh Assembly Government in May 2005 to cease work on the plan and commence work on a new Local Development Plan.

City of Cardiff Area (part of the County of South Glamorgan until April 1996) South Glamorgan (Cardiff Area) Adopted April 1997 Replacement Structure plan 19912011 City of Cardiff Local Plan (including Waste Policies) Adopted January 1996

South Glamorgan (Cardiff Area) Adopted June 1997 Minerals Local Plan Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan Approved September 1989 incorporating Proposed Alterations No. 1 Mid Glamorgan Replacement Structure Modifications to the Plan including Plan recommendations of the EIP Panel approved by Mid Glamorgan County Council in January 1996 but not adopted in respect of the Pentyrch Community Area. Glamorgan County Development Plan (Area No. 2) Mid Glamorgan Minerals Local Plan for Limestone Quarrying Approved March 1963

In June 1996 Cardiff County Council resolved to approve the Plan as modified by the Inspectors Report, for development control and other planning purposes, but the Plan was not adopted in respect of the Pentyrch Community Area.

Page No. 1

App No. 11/01761/DCI

17

12/01380/DCI

39

12/01427/DCI

52

12/01441/DCI

66

12/01442/DCI

80

12/01516/DCI

PLANNING COMMITTEE 7TH NOVEMBER 2012 Location Description INSTALLATION OF TEMPORARY ICE RINK AND WINTER ASSOCIATED FACILITIES TO INCLUDE CAFE/BAR, WONDERLAND, CITY CHILDRENS FAIRGROUND RIDES AND SKATE HIRE HALL LAWNS, GORSEDD GARDENS FACILITIES OVER THE NEXT 3 YEARS (2011-2014) ROAD, CATHAYS PARK PHASE 1, PLOT EO4, APPROVAL OF ALL REMAINING PHASE 1 RESERVED CALLAGHAN SQUARE, MATTERS TO ERECT AN 10,769 SQ. M. GEA USE BUTETOWN, CARDIFF CLASS B1 OFFICE BUILDING, ASSOCIATED CAR PARKING AND LANDSCAPING WORKS TOGETHER WITH THE DISCHARGE OF CONDITION NO. 22 (DESIGN BRIEF) OF OUTLINE PERMISSION 08/02716/C AT PLOT E04, CALLAGHAN SQUARE, BUTETOWN, CARDIFF 22 PARK PLACE, CHANGE OF USE FROM OFFICES TO DWELLING (C3) CATHAYS PARK, CARDIFF, CF10 3DQ 33 MINNY STREET, GROUND AND FIRST FLOOR EXTENSION, REAR CATHAYS, CARDIFF, DORMER AND CHANGE OF USE TO 8 BED HOUSE IN CF24 4ES MULTIPLE OCCUPATION 55 FLORA STREET, GROUND AND FIRST FLOOR EXTENSION, REAR CATHAYS, CARDIFF, DORMER AND CHNAGE OF USE TO 8 BED HOUSE IN CF24 4EQ MULTIPLE OCCUPATION CHANGE OF USE FROM OFFICE (CLASS B1) TO WINDSOR HOUSE, WINDSOR LANE, CITY STUDENT ACCOMODATION (SUI GENERIS) COMPRISING 22 NO CLUSTER FLATS (177 NO BEDS) CENTRE, CARDIFF, ANCILLARY FACILITIES TO INCLUDE RETAINED CF10 3DE CARETAKER'S ACCOMODATION NEW GYM LAUNDRY ROOM COMMON ROOM OFFICE RECEPTION CYCLE STORAGE REFUSE/RECYCLING STORAGE LANDSCAPING AND SERVICING AREA WITHIN THE COURTYARD AND ASSOCIATED EXTERNAL ALTERATIONS

Decision PER

Officer RJC

PER

CJE

REF

OAS

REF

CJE

REF

CJE

REF

LAD

PLANNING COMMITTEE
Page No.
95 107

- 7 NOVEMBER 2012
Description Decision
106 PERU APB APB

App No.
12/01130/DCO 12/01295/DCO

Location
70 MILL ROAD, ELY, CARDIFF, CF5 4AH UNIT 4, 4A & 4B TY GLAS RETAIL PARK, PARC TY GLAS, LLANISHEN, CARDIFF, CF14 5DX 220-221 KING GEORGE V DRIVE EAST, HEATH, CARDIFF, CF14 4ER

Officer

NEW RESIDENTIAL DEVELOPMENT. ERECTION OF A 3 STOREY APARTMENT BLOCK FOR 11 NO. 1 BED APARTMENTS. LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED USE CLASS A1

115

12/01330/DCO

131

12/01342/DCO

145

12/01386/DCO

`63

12/01521/DCO

176

12/01579/DCO

CONVERSION OF EXISTING DWELLINGS (2NO) TWO STOREY SIDE AND REAR EXTENSIONS AND SINGLE STOREY REAR EXTENSIONS WITH TERRACE ABOVE TO FORM 9 SELF CONTAINED FLATS WITH ONSITE CAR PARKING, CYCLE, AMENITY AND REFUSE FACILITIES 44 SANDRINGHAM ROAD, ROATH, CONVERSION INTO TWO SELF CONTAINED FLATS FIRST FLOOR & CARDIFF, CF23 5BJ GROUND FLOOR REAR EXTENSIONS AND REPLACEMENT WINDOWS 60-72, BEECHLEY DRIVE, PROPOSED DEMOLITION OF EXISTING RETAIL UNITS AND PENTREBANE MAISONETTES AND ERECTION OF 13 NO. DWELLINGS AND 4 NO. COMMERCIAL UNITS (CLASS A1, A2, A3 AND B1 USES) AND ASSOCIATED DELIVERY AREA, ACCESS, PARKING, LANDSCAPING, CYCLE STORE AND BIN STORE. OLD VAUGHANS LAUNDRY, VARIATION OF CONDITION 3 OF PLANNING PERMISSION ANDREWS ROAD, LLANDAFF 09/01044/W [THE DETAILS SUBMITTED IN DISCHARGE OF NORTH, CARDIFF, CF14 2JP CONDITION 1 SHALL NOT PROVIDE FOR THE DEVELOPMENT OF MORE THAN 15 HOUSES AND 60 FLATS TO BE AMENDED TO READ THE DETAILS SUBMITTED IN DISCHARGE OF CONDITION 1 SHALL NOT PROVIDE FOR THE DEVELOPMENT OF MORE THAN 32 HOUSES. HEOL DON RESOURCE CENTRE ERECTION OF 3 STOREY 78 BED CARE HOME FOR DEMENTIA, FOR THE ELDERLY, HEOL DON, NURSING AND RESIDENTIAL SERVICES WITH SUPPORT WHITCHURCH, CARDIFF, CF14 FACILITIES TOGETHER WITH PARKING AND GARDENS 2XG

106

TW

PER

MR

106

MR

106

JH

106

JH

COMMITTEE DATE:

07/11/2012 APPLICATION DATE: 17/10/2011

APPLICATION No. 11/1761/DCI ED: APP: TYPE: APPLICANT: LOCATION: CATHAYS

Full Planning Permission

Cardiff Council Events Team WINTER WONDERLAND, CITY HALL LAWNS, GORSEDD GARDENS ROAD, CATHAYS PARK PROPOSAL: REPORT IN RESPECT OF THE DISCHARGE OF CONDITION 2 OF PLANNING PERMISSION 11/01761/DCI (CONTENT AND TIMETABLE) AND ON PROPOSED ALTERNATIVE LOCATIONS FOR THE FAIR. ___________________________________________________________________ RECOMMENDATION 1: That planning committee approve the partial discharge planning condition 2 of planning permission 11/01761/DCI on the basis of the timetable of construction, opening, closing, deconstruction and relandscaping of the land submitted for the 2012 Christmas period: RECOMMENDATION 2: That planning committee note the report on alternative locations for the period 2012. RECOMMENDATION 3: That the applicant be reminded that no development for the 2013 Christmas period is authorised prior to the approval of the content of the fair and intended timetable of construction, opening, closing, deconstruction and re-landscaping of the land by planning committee, who also request that such information be provided for their consideration in a timely manner. RECOMMENDATION 4: That the applicant be requested to ensure that the operator keep all crowd enclosure barriers clear of the City Hall parking area to ensure of the satisfactory operation of City Hall by staff and visitors during the period of the operation of the fair. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT In November 2011, Planning Committee resolved to Grant Planning Permission for an open air Christmas fair Winter Wonderland on City Hall Lawns for a duration of three Christmas periods, 2011, 2012 and 2013 However, because of concerns expressed by the Central Area Conservation Group that the fair was inappropriately located, and that the disruption of long periods of set-up and even longer periods of reparation, (in respect of their physical impact on the setting of the Civic Centre, cost, and effective removal of a large piece of public open space for some 4 months of the year), were disproportionate to the benefit of the operation of the fair for the six weeks it operated, the consent was granted conditionally.

1.2

Condition 2 stated that: No works or development shall be undertaken for the Christmas periods 2012/2013 or 2013/2014 until such time as the precise timetable of construction, opening, closing, deconstruction and re-landscaping have been submitted to ands approved in writing by the local Planning Authority. Reason: To ensure that such periods, and content of the fair, which are as yet undetermined, will not be substantially different to those approve for the Christmas period 2011/2012 and will not adversely affect the character and appearance of the Conservation Area and Historic Gardens or setting of the Listed Buildings by virtue of their temporary nature. 1.3 Planning Committee also resolved that: That the applicant be asked to provide Planning Committee with a report on the viability of alternative less environmentally sensitive locations for the fair prior to the meeting of the October 2012 Planning Committee; and That in respect of the discharge of Condition 2 of this planning permission, that the information required be provided for consideration in a timely manner, and to include for the set up of the fair after Remembrance Sunday in future years. 1.4 This report therefore advises Planning Committee of the applicants response to the committees request for a report on the appropriateness of alternative venues, and seeks planning committees approval of the programme of set up, operation and disassembly of the fair and making good of the lawns for the Christmas period 2012 relevant to the discharge of the above mentioned condition. DESCRIPTION OF SITE The proposal relates to the lawns in front of City Hall. (A designated Historic Park). The site is located within the Cathays Park Conservation Area and is immediately to the south of the Grade I listed City Hall. City Hall lawns include listed statues and the Civic fountain within their demise. The application site allows for a projection onto the footway to the south of the City Hall car park for purposes of an access to the principal rides/attractions of the fair. The car park in front of City Hall is not included within the application site, but it is noted that past management of the event has seen the provision of safety fencing and crowd management barriers on the footway and car park which have effectively removed those areas from use by the general public, staff and visitors to City Hall. SITE HISTORY 08/01984/C Planning Permission Granted 15th November 2008 for

2. 2.1

2.2

2.3

3. 3.1

installation of temporary ice rink and associated facilities to include cafe / bar, children's fairground rides and skate hire facilities over the next 3 years. 3.2 07/2306C Planning permission granted on 8th November 2008 for the Winter Wonderland event on City Hall lawns, between 15th November 2007 and 6th January 2008. 06/1966/C Planning permission granted on 9th November 2006 for Winter Wonderland event on City Hall lawns, held from 16th November 2006 to 7th January 2007. 05/2114/C Planning permission granted on 21st October 2005 for the Winter Wonderland event on City Hall lawns held from 17th November 2005 to 4th January 2006. 04/2286/C Planning permission was granted on 17th November 2004 for the Winter Wonderland event on City Hall Lawns held from 24th November 2004 to 9th January 2005. 03/2476/C Planning permission was granted on 24 November 2003 for the Winter Wonderland event on City Hall Lawns held from 26th November 2003 to 11th January 2004. 02/2630/C Planning permission was granted on 2nd January 2003 for the Winter Wonderland event on City Hall Lawns held from 30th November 2002 to 5th January 2003. CONSULTEE RESPONSES The report on alternative locations received on 18th October 2012 has been forwarded to local members. Any representations will be reported at Planning Committee. ALTERNATIVE SITES SUBMISSION The report on the appropriateness of alternative venues for the fair considers land at Cardiff Castle; Coopers fields in Bute Park, and at the Oval Basin in Cardiff Bay. i.e. other major venues within the Councils control. It advises that : 5.1 Cardiff Castle Cardiff Castle would offer an excellent backdrop for this event in terms of picturesque location as well as developing the out of season market for the Castle. However, the option to place the event in the Castle would in effect add 60k to the production costs largely spent on the use of a crane to get all the large infrastructure required for the rink inside the Castle walls. On top of this there is a cost concern with the footfall drop that would be experienced initially inside the castle as a large portion of the ticket revenue from Winter
th

3.3

3.4

3.5

3.6

3.7

4. 4.1

5.0

Wonderland is generated from passing trade on a daily basis. This would be significantly reduced within the castle walls as this is not a route people walk to work, the shops or to anywhere else normally at this time of year. This could however be developed gradually but the initial revenue required to achieve this would in the current climate make this untenable. 5.2 Coopers Field This offers the best location in terms of access for building and running the rink as the new bridge access is ideal for large vehicles and the open nature of the park land would give much easier construction access than the events current location at City Hall. It is likely that this area is available at this time of year and it would share the same costs as City Hall in terms of reinstatement which would need to be achieved in time for the RHS Spring Show in April. Holding the event in this location would also involve finding an alternative venue for the Sparks in the Park fireworks event near November 5th currently held in Coopers Field. These have in the past been held on the Blackweir Sports Pitches though so this could be achieved. This would share the same concerns as the Castle option in terms of attracting new footfall to this area at this time of year but a number of cities have proven success records in park locations, however many of them are in parks which are naturally open through the night and Coopers Field is locked at 4pm in December. There would be significant cost in lighting this area of parkland through the night and the safety of park users would need to be given serious consideration. The park area is extensive and not just restricted to Coopers Field. This would pose a security risk to having the park open through the Christmas period. The alternative is to close the park down to just Coopers Field but this would not work in the favour of increasing passing trade footfall to the rink. Visitors would not be drawn in while passing as they would only enter the park to attend the event. This option would also pose other logistical issues with other parks users access at times when the park is otherwise open during the day. 5.3 Roald Dahl Plas (Oval Basin) The Oval Basin is a purpose built events arena in Cardiff Bay. This offers excellent facilities in terms of power and a solid tarmac surface which should eliminate costs of reinstatement. There are a number of concerns with this venue. Firstly it is not level. This has a gradient of 1:49 and this would need considerable engineering in the structure for the rink to enable water to stay still long enough to freeze. This is not impossible but it will be costly and time consuming. This space is also more exposed to the elements being on the coast. This does not make this appealing or attractive as a family friendly atmosphere for skating and also has safety issues to be considered.

The footfall in the bay area is good at evenings and weekends but would be, non existent during the day when there is little passing trade particularly in poor weather. Another consideration for this location is parking which generally is quite good except when there is an event at the Wales Millennium Centre. On these occasions parking is at a premium and the normally good availability of the multi-storey car park quickly becomes full and unavailable. This puts added pressure on other parking at County Hall and the Red Dragon Centre which in themselves have parking problems at busy periods of the day already, particularly near Christmas. Access to the bay by public transport is possible but when compared to the city hall site there will be an additional journey for most visitors. Many visitors arriving by train would come into Queen Street and need to change to the Bay train or get on a baycar bus to complete their journey. If they were in the City Centre they could easily walk to City Hall but the journey to the bay is not easily or safely walkable. The basin is also used a lot during this period for a number of smaller events mainly the Waterfront Partners Christmas Market which is held during December. The other obstacle for 2012 is that between event bookings the basin is scheduled to be resurfaced and have necessary maintenance carried out. Having taken all of the above information into account Cardiff Events team still believe that the best site for the centrepiece to Christmas in Cardiff is in the Civic Centre. 6.0 THE 2012 EVENT PROGRAMME The 2012 event programme is advised as follows: Construction will commence on Friday 2nd November We have reduced the length of the get-in by 5 days this year as we are more familiar with the requirements of the Star Ride and its build time is less than the Big Wheel. Unfortunately it is not possible to delay the build until after 11th November as it would not be completed on time but there will be no construction work undertaken on Remembrance Sunday before 2.00pm or until such times as the parade has past and the area is clear. Cardiffs Winter Wonderland will be operational everyday except Christmas Day 22 November 6 Jan inclusive. The de-construction is scheduled to take until 21st January but it will be the aim of the production team to complete it before this time.

The reinstatement of the lawn will begin immediately following the getout and weather permitting all turf should be in place within 2 weeks (ie: by 3rd Feb). The fence line will remain in place to protect the turf as it roots and again providing conditions have been favourable we intend to have the fence removed for 1st March. Should the turf need longer to root we will remove the fence line for the National St Davids Day Parade and replace it afterwards.

6.1

Similar to 2011, the 2012 event proposes an ice rink, skate hire marquee, an Ice caf/bar, gallopers merry-go-round; helter-skelter; reindeer ride childrens merry-go-round; snow slide; Santas train infant ride; hoopla stalls; ancillary structures toilets and enclosures; together with the principal attraction of a 60m high illuminated tower fitted with 16 suspended swinging seats (32 people) which allow elevated spinning views of the City. This feature replaced the usual Big Wheel for the 2010 Christmas period. The base of the ride would be positioned some 25m from the City Hall Portico, near the centre of the fountain apron. The perimeter treatment to the Boulevard de Nantes frontage, would be weld mesh fencing, some with fabric screening, and interspersed with Christmas landscaping. ANALYSIS Advice to Committee

6.2

7.1

It should be noted that Class B of Part 4 in Schedule 3 of the Town and Country Planning General Permitted Development Order 1995 permits (via regulatory approval of Government) the temporary use of land for any purpose for a period of not more than 28 days in total in any calendar year, and for the provision on the land of any moveable structure for the purposes of the permitted use. Planning permission is therefore only required for the use of the land for any period in excess of 28 days. Other Local Authority Permitted Development Rights would allow for the erection of fencing to prevent public access to the land for the period required to re-establish the lawns

7.2

Considerations Content and Programme Planning Permission has been granted for the use of the land for the 2012 and 2013 Christmas periods, Committee are asked only to consider the content of the fair and its construction/operation and de-construction dates as proposed for 2012.

7.3

It would appear that committees request for construction to be started after Remembrance Sunday has not been programmed for the 2012 period, and if operational dates for the opening of the fair are maintained, cannot be accommodated in future years either. The events team have however indicated that they would be able to pause construction activities on Sunday 11th November until after 2pm. Considerations Alternative Venues It is accepted that there is a positive relationship/synergy created in siting the fair adjacent to the principal shopping area. However it is equally accepted that the siting of the fair on a soft landscaped area is disruptive in respect of set up and reparation. The report on the viability of alternative venues was not a condition of the grant of planning permission for the event for the 2012 and 2013 Christmas periods, but was a request of planning committee to explore potentially less disruptive locations. The report concludes that there are no alternative venues as accessible or commercially attractive as City Hall Lawns for the 2012 Christmas period. Committee are asked to note the report content and conclusion.

7.4

8.0 8.1

RECOMMENDATION It is recommended that Planning Committee accept the findings of the report and timetable of events submitted for the Christmas 2012 period.

The report to Committee made in November 2011 is appended for information/ease of reference.

APPENDIX 1
COMMITTEE DATE: 16/11/2011 APPLICATION DATE: 17/10/2011

APPLICATION No. 11/1761/DCI ED: APP: TYPE: APPLICANT: LOCATION: CATHAYS

Full Planning Permission

Cardiff Council Events Team WINTER WONDERLAND, CITY HALL LAWNS, GORSEDD GARDENS ROAD, CATHAYS PARK PROPOSAL: INSTALLATION OF TEMPORARY ICE RINK AND ASSOCIATED FACILITIES TO INCLUDE CAFE/BAR, CHILDRENS FAIRGROUND RIDES AND SKATE HIRE FACILITIES OVER THE NEXT 3 YEARS (2011-2014) ___________________________________________________________________ RECOMMENDATION 1: That, subject to no representations being received that raise issues not covered in this report by 25 November 2011, planning permission be GRANTED subject to the following conditions: 1. Unless otherwise agreed in writing by the local planning authority the use hereby permitted for Christmas 2011 / 2012 shall be discontinued on 2 January 2012 and the land restored to its former condition by the 28th February 2012. Reason: The use is of a temporary nature and its long term retention would adversely affect the character and appearance of the Conservation Area and Historic Gardens and would be detrimental to the setting of the Listed Buildings and would therefore be in conflict with Policies 3 and 4 of the Local Plan and Policies 2.51, 2.53 and 2.54 of the Deposit Unitary Development Plan. No works or development shall be undertaken for the Christmas periods 2012/2013 or 2013/2014 until such time as the precise timetable of construction, opening, closing, deconstruction and relandscaping have been submitted to ands approved in writing by the local Planning Authority. Reason: To ensure that such periods, and content of the fair, which are as yet undetermined, will not be substantially different to those approve for the Christmas period 2011/2012 and will not adversely affect the character and appearance of the Conservation Area and Historic Gardens or setting of the Listed Buildings by virtue of their temporary nature. Immediately following deconstruction of the fair, the applicant shall undertake a survey of the Councils assets on the land and report any breakages or damage caused by the approved activities on the land, and commission any necessary repairs.

2.

3.

Reason: To ensure that any damage caused to any Listed Buildings or assets of the Council are audited and do not remain unaddressed. RECOMMENDATION 2: That the applicant be asked to provide Planning committee with a report on the viability of alternative less environmentally sensitive locations for the fair prior to the meeting of the October 2012 Planning Committee; and that in respect of the discharge of Condition 2 of this planning permission, that the information required be provided for consideration in a timely manner, and to include for the set up of the fair after Remembrance Sunday in future years. RECOMMENDATION 3: That the applicant (Cardiff Council Events Team) be asked to ensure that the operators of the fair have sufficient Insurances to cover any damage to the Councils assets and in particular the statues, fountain, and fountain pool and landscaping. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT The application seeks planning permission for the proposed temporary change of use of City Hall Lawns and Gorsedd Gardens for purposes of an open air Christmas fair (Winter Wonderland) for the next three Christmas periods. Construction of the event for the 2011/12 Christmas period began on 24th October. The fair would open on 17th November 2011; would close on 2nd January 2012; dismantling would be complete by 13th January 2012; and new turf installed by 27th January 2012. Lawns would be reopened for public use on 28th February 2012. It should be noted that Class B in Part 4 of Schedule 2 of the Town and Country Planning General Permitted Development Order 1996 would permit this temporary change of use of the land for a period of 28 days and that planning permission is therefore sought only for the period exceeding this. 1.4 Dates for 2012/13 and 2013/14 Christmas periods are yet to be finalised but would cover similar periods. DESCRIPTION OF SITE The proposal relates to the lawns in front of City Hall. Both Gorsedd Gardens and City Hall lawns are designated as Historic Parks / Gardens. The site is located within the Cathays Park Conservation Area and is to the south of the Grade I listed City Hall. Both the City Hall lawns and Gorsedd Gardens include listed statues within their grounds. The application site allows for a small projection onto the footway to the south of the City Hall car Park for purposes of an access to the Skate Hire Marquee. The car park in front of City Hall is not included within the application site.

1.2

1.3

2. 2.1

2.2

3. 3.1

SITE HISTORY 08/01984/C Planning Permission Granted 15th November 2008 for installation of temporary ice rink and associated facilities to include cafe / bar, children's fairground rides and skate hire facilities over the next 3 years. 07/2306C Planning permission granted on 8th November 2008 for the Winter Wonderland event on City Hall lawns, between 15th November 2007 and 6th January 2008. 06/1966/C Planning permission granted on 9th November 2006 for Winter Wonderland event on City Hall lawns, held from 16th November 2006 to 7th January 2007. 05/2114/C Planning permission granted on 21st October 2005 for the Winter Wonderland event on City Hall lawns held from 17th November 2005 to 4th January 2006. 04/2286/C Planning permission was granted on 17th November 2004 for the Winter Wonderland event on City Hall Lawns held from 24th November 2004 to 9th January 2005. 03/2476/C Planning permission was granted on 24th November 2003 for the Winter Wonderland event on City Hall Lawns held from 26th November 2003 to 11th January 2004. 02/2630/C Planning permission was granted on 2nd January 2003 for the Winter Wonderland event on City Hall Lawns held from 30th November 2002 to 5th January 2003. POLICY FRAMEWORK Adopted City of Cardiff Local Plan (January 1996): Policy 3 (Development in Conservation Areas) Policy 4 (Historic Gardens, Parks and Landscapes) Deposit Cardiff Unitary Development Plan (October 2003): Policy 2.51 (Statutory Listed Buildings) Policy 2.53 (Conservation Areas) Policy 2.54 (Historic Gardens and Parks) INTERNAL CONSULTEE RESPONSES Transportation: Observations awaited/to be reported at Committee. Waste management: Advise that a commercial contract will be required for waste collection if not managed by the Local Authority . Pollution Control: No comment.

3.2

3.3

3.4

3.5

3.6

3.7

4. 4.1

4.2

5. 5.1 5.2

5.3

10

5.4

The Central Area Conservation Group object to the proposals as follows: Completely inappropriate site and, yet again, this is a retrospective application which makes the whole process a nonsense. There is no reason why the application could not have been determined in advance of emplacement. If it has to be in front of City Hall, then construction should start past Remembrance Sunday. We request that Planning contact Cadw to transmit our concerns, on all counts. We therefore request that if permission is given it should be for one year only, not the 3 requested.

6. 6.1 7. 7.1

EXTERNAL CONSULTEE RESPONSES None. REPRESENTATIONS The proposal has been advertised on site and in the local press. No comments have been received. ANALYSIS The application has been submitted by the Councils Events Team. This application proposes the usual temporary ice rink, skate hire marquee, the Ice caf / bar, gallopers merry-go-round; helter-skelter; reindeer ride childrens merry-go-round; snow slide; Santas train infant ride; hoopla stalls; ancillary structures toilets and enclosures; together with the addition of the new North Star a 60m high illuminated tower fitted with 16 suspended swinging seats (32 people) which allow elevated rotating views of the City. This feature replaces the usual Big Wheel for the 2011/2012 Christmas period. The base of the North Star would be positioned some 25m from the City Hall Portico, near the centre of the fountain apron.

8. 8.1

8.2

The proposed perimeter treatment to the Boulevard de Nantes frontage, would be weld mesh fencing, some with fabric screening, and interspersed with Christmas landscaping. This years fair has added operational features such as an ice melting pit to mitigate against any build-up of ice on the ground / reduce damage to the lawn post event; and an enclosure for an ice rink surfacing machine to improve that facility. Policy 2.54 (Historic Gardens and Parks) of the Deposit Unitary Development Plan and Policy 4 of the adopted Local Plan state that development proposals will not be permitted that would unacceptably harm the character, setting or historic value of an historic garden or park. Policies 2.53 (Conservation Areas) and 2.51 (Statutory Listed Buildings) of the Deposit UDP and Policy 3 of the adopted Local Plan identify that proposals should not harm the character or appearance of listed buildings and should not detract from the character of Conservation Areas.

8.3

8.4

11

8.5

The Winter Wonderland event has operated outside City Hall for some 10 years now and is seen by some as an established part of the Citys Christmas activities. However, there remains concern from some parties (the comments of the Conservation Group being noted) that the fair is inappropriately located, and that the disruption of long periods of set-up and even longer periods of reparation, both in respect of their physical impact on the setting of the Civic Centre; cost; and effective removal of a large piece of public open space for some 5 months of the year, are disproportionate to the benefit of the operation of the fair for the six weeks it operates.

8.6

In past years it has been accepted that, whilst the development itself does impact on the Grade 1 listed City Hall, Cathays Park Conservation Area and Historic Park / Garden, that the temporary nature of the use, reparatory measures which are implicit within the application, and benefits to the vitality of the city centre as a whole, were sufficient to grant planning permission. However, it is considered reasonable in the light of the objection received, to ask the Events Team to consider if there are any alternative venues upon which the fair would be less disruptive.

8.7

It is therefore recommended that planning permission be granted, subject to conditions, which ensure that the land is restored to its previous state once the event has ended for the 2011/12 Christmas period, and a further condition requiring clarification of the events schedule for the 2012/13 and 2013/14 Christmas periods which, together with a second recommendation to the applicant may progress consideration of alternative venues where the fair might have less impact, both physically and in respect of the period in which land is taken out of the public realm.

12

LATE REPRESENTATIONS PAGE NO. 145 ADDRESS: APPLICATION NO. 11/1761/DCI WINTER WONDERLAND, CITY GORSEDD GARDENS ROAD Cadw The advice set out below relates only to those aspects of the proposal, which fall within Cadws remit as a consultee on planning applications the impact of developments on scheduled monuments or Registered Historic Landscapes, Parks and Gardens. Our comments do not address any potential impact on the setting of any listed building, which is properly a matter for your authority. These views are provided without prejudice to the Welsh Governments consideration of the matter, should it come before it formally for determination. This proposal lies within the historic park and garden known as PGW(GM) 26 Cathays Park, which is included in the Register of Historic Parks and Gardens in Wales. The proposed development lies within the Grade II registered historic park of Cathays Park. The site of the proposed development is therefore a highly sensitive one, whose historic and visual character and value should be protected. Planning Policy Wales states that local authorities should protect parks and gardens . On the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. The Winter Wonderland site would occupy a triangular area in front of City Hall. This is largely lawn but includes two important historic statues (both listed, Grade II), a fountain and fountain pool and planting along the south, east and west sides. The east side abuts Gorsedd Gardens and includes a belt of tree and shrub planting on the south-west side of the gardens. The temporary ice rink and associated fun-fair rides and other attractions and infrastructure has been erected on this site for a number of years and there is little change this year to the area covered or the features to be installed. However, the site is a very sensitive one, both in historic and visual terms, and should be protected from long-term damage. Cadws concerns relate to the potential damage to the lawn, planting, fountain and fountain basin and listed statues as a result of the installation of temporary built structures and heavy public use. Cadw would like to see guarantees put in

HALL

LAWNS,

FROM: SUMMARY:

13

place that measures have been taken to protect these historic elements of the area and that when the attraction is dismantled all necessary works are carried out to repair damage to any of these features. Cadw would also suggest that permission for this development be limited to one year only so that Cadw and other consultees are given the opportunity to comment on future applications before work on the development commences. The Welsh Governments policies towards the protection of the historic environment are set out at chapter 6 of Planning Policy Wales. REMARKS: That the following condition be added. Immediately following deconstruction of the fair, the applicant shall undertake a survey of the Councils assets on the land and report any breakages or damage caused by the approved activities on the land, and commission any necessary repairs. Reason: To ensure that any damage caused to any Listed Buildings or assets of the Council are audited and do not remain unaddressed. Also the following additional recommendation. That the applicant (Cardiff Council Events Team) be asked to ensure that the operators of the fair have sufficient Insurances to cover any damage to the Councils assets and in particular the statues, fountain, and fountain pool and landscaping. The application requests an approval for 3 years. Planning Committee may consider if it is of any benefit to lessen the period of approval if they are minded to grant permission. PAGE NO. 145 ADDRESS: APPLICATION NO. 11/1761/DCI WINTER WONDERLAND, CITY GORSEDD GARDENS ROAD Transportation Officer No Comment Noted

HALL

LAWNS,

FROM: SUMMARY: REMARKS:

14

PAGE NO. 145 ADDRESS:

APPLICATION NO. 11/1761/DCI WINTER WONDERLAND, CITY GORSEDD GARDENS ROAD Welsh Water

HALL

LAWNS,

FROM: SUMMARY:

Have sent a standard response relating to method of Surface, Foul and Land Drainage Run Off. The comments are in the form of a standard letter and do not appear to take account of the temporary nature of the installations. The fair is served by trailer toilets which are serviced daily. The Planning Officer is not aware of any direct surface water connections to the public sewerage system.

REMARKS:

15

16

COMMITTEE DATE:

07/11/2012 APPLICATION DATE: 13/08/2012

APPLICATION No. 12/1380/DCI ED: APP: TYPE: APPLICANT: LOCATION: BUTETOWN

Reserved Matters

MEPC Cardiff Investments (EO4) Limited PHASE 1, PLOT EO4, CALLAGHAN SQUARE, BUTETOWN, CARDIFF PROPOSAL: APPROVAL OF ALL REMAINING PHASE 1 RESERVED MATTERS TO ERECT AN 10,769 SQ. M. GEA USE CLASS B1 OFFICE BUILDING, ASSOCIATED CAR PARKING AND LANDSCAPING WORKS TOGETHER WITH THE DISCHARGE OF CONDITION NO. 22 (DESIGN BRIEF) OF OUTLINE PERMISSION 08/02716/C AT PLOT E04, CALLAGHAN SQUARE, BUTETOWN, CARDIFF ___________________________________________________________________ RECOMMENDATION 1: That matters reserved in condition 1 of outline planning permission 08/2716C in respect of the site identified in this application as phase 1 and matters relating to condition 22 (in part) be GRANTED subject to the following conditions: 1. This consent relates to the application as amended and supplemented by the letter from the agent dated 21st September 2012 and the amended plans, Phase 1 Design and Access Statement, Phase 1 and 2 Design Brief and Shadow Study plans received on the 24th September 2012. Reason. The information amends, supplements and forms part of the application. E1B Samples of Materials C2O Architectural detailing Notwithstanding the Town and Country Planning (General Permitted Development) Order 1995, or any revocation, amendment or reenacting of the order, no satellite dish or antennae or associated equipment shall be erected on any of the buildings without the prior approval of the Local Planning Authority in writing. Reason. In the interests of visual amenity. Notwithstanding the submitted plans, no equipment, plant or materials shall be brought onto the site for the purpose of development until full

2. 3. 4.

5.

17

details of both hard and soft landscape and other public realm works adjoining the application site (including the LRT reserve) have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason : To enable the Local Planning Authority, to determine that the proposals will maintain and improve the amenity of the area, and to monitor compliance. 6. Any trees, plants, or hedgerows which within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason : To maintain and improve the amenity of the area. Prior to the commencement of development details of refuse storage and collection facilities shall be submitted to and approved in writing by the Local Planning Authority. The details shall include, but not be limited to a waste strategy plan. The approved details shall be implemented prior to the beneficial use of the development and shall thereafter be retained and maintained. Reason. To ensure an orderly form of development. Notwithstanding the submitted Design Brief, further indicative details relating to colonnading, solid/void relationship to the faade, fenestration facing the Square and facing materials of buildings B2 to B5 inclusive and accurate scale massing modelling shall be submitted in order to consider the full discharge of condition 22 of outline planning permission 08/2716C. Reason. The details submitted lack the detail required to fully consider the discharge of condition 22. The vehicle parking provision shown on the approved plans shall be provided plans shall be provided prior to the beneficial occupation of the development and shall thereafter be retained and maintained. Reason. To ensure an orderly form of development.

7.

8.

9.

18

10.

Notwithstanding the submitted plans, prior to the commencement of development details of cycle parking facilities for 50 staff cycles and 10 visitor cycles shall be submitted to and approved in writing by the Local Planning Authority. The Facilities shall allow for secure and under cover parking arrangements and shall be implemented as approved prior to the beneficial occupation of the development and shall be thereafter retained and maintained. Reason. To ensure an orderly form of development. Details submitted in pursuance of condition 3 above shall include for the vertical fins to be set in an aligned position. Reason. In the interests of good design. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 9th October 2012. Reason. The information provided forms part of the application.

11.

12.

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) (ii) determining the extent and effects of such constraints and; safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

19

RECOMMENDATION 4: That the applicant be advised that the building hereby approved should aim to meet the principles of Secured by Design. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT This is a reserved matters application for the construction of a new office block, under phase 1 of the Plot E04 area of Callaghan Square. The outline planning permission (08/2716C) granted consent for 500,000sqft of office space, with ancillary Class A1 (Shops) and Class A3 (Food & Drink) facilities and associated parking/infrastructure works. 1.2 The Phase 1 office block comprises: A 6 storey building, having a gross internal floor area of approx. 10,381sqm set over 6 floors, having a recessed ground and fifth floor, an oversailing roof and a wedge shaped main entrance feature to the Callaghan Square elevation; Provision for the off street parking of 43 vehicles, with 4 spaces given over to disabled users. Cycle parking facilities for up to 40 cycles are proposed; Hard and soft landscaping works, including tree planting to the site periphery and internal site communal areas.

1.3

The proposed new building is to be finished as follows: Oversailing roof clad in anodised aluminium (light bronze); Fully glazed top storey, with glass balustrade to roof terrace; Piano Nobile (first to fourth floor) comprising horizontal limestone spandrels, alternating with opaque glass spandrels, separating glass curtain walling with two bands of vertical anodised aluminium fins (light bronze); A full glass plinth ground floor; External staircases enclosed by anodised aluminium (light bronze) curtain walling; Anodised aluminium (light bronze) rain screen cladding (with horizontal banding design) to the rear elevation area which houses the service (lifts/wcs etc.) areas of the building.

1.4

The application is supplemented by the following documents: A Design and Access Statement; A BREEAM Prediction Report; A Shadow Study

20

1.5

The applicant has submitted a letter dated 9th October 2012 (reported as a verbal late representation to April 2012 Committee) which provides clarification as to the design of the Phase 1 building having regard for the impact of wind in accordance with condition 27 of outline planning permission 08/2716C DESCRIPTION OF SITE The application site (phase 1) is located within the Butetown Ward, to the south side of Callaghan Square at its junction with Bute Street. The application site is bounded by Bute Street to the east, Ty Gobaith (Salvation Army) and St Mary the Virgin School to the south, the remainder of the E04 plot to the west (with Tresillian Terrace beyond) and Callaghan Square to the north (with the existing offices beyond). The built form in the vicinity of the site is mixed, with multi storey office and residential accommodation being predominant (Tresillian Terrace being 2 and 3 storey domestic scale buildings) SITE HISTORY Detailed permission no. 97/2272C consented the roads and infrastructure for what is now known as Callaghan Square and Lloyd George Avenue. A S136 agreement, associated with this permission, required the removal of the Cardiff Bay branch railway bridge and embankment or the construction of a replacement Herbert Street railway bridge, on the east side of Callaghan Square. Outline planning permission no. 98/529C, granted in 1998, allowed the development of an office led mixed use redevelopment scheme of approximately 52,500m. The redevelopment became known as Callaghan Square, and it has proceeded on a plot-by-plot basis since then. A condition attached to this permission required road improvements on the east side of the Square, around Herbert Street bridge, to be improved. In 2006, an application for a 3,662m2 record office, on the present application site, was submitted, but then withdrawn. Outline planning permission no. 08/2716C, granted for development of 500,000sqft of office space, with ancillary Class A1 and Class A3 uses, parking and other infrastructure works. This is subject to a Legal Agreement under Section 106 of the Town & Country Planning Act to cover a financial contribution for public transport and pedestrian crossing improvements.

2. 2.1

2.2

2.3

3. 3.1

3.2

3.3

3.4

21

4.

POLICY FRAMEWORK 4.1 9: 10: 11: 12: 14: 17: 18: 19: 20: 35: Local Plan Policies: Development in areas at risk of flooding Contaminated or unstable land Design and aesthetic quality Energy efficient design Facilities for public transport services Parking and servicing facilities Provision for cyclists Provision for pedestrians Provision for special needs group City centre principal business area

4.2

Deposit Unitary Development Plan Policies: 1E: 1L: 2.20: 2.24: 2.29: 2.31: 2.33: 2.38: 2.55: 2.56: 2.57: 2.58: 2.62: 2.63: 2.74: The economy and employment Public transport infrastructure and services Good design Residential amenity Office development Central and waterfront business areas Food and drink and entertainment uses in the Central and Waterfront Business Areas Provision of complementary facilities in office, Industrial and Warehousing Developments Public Realm Improvements Public Art Access, circulation and parking requirements Impact on transport networks Flood Risk Contaminated and unstable land Provision for Waste Management Facilities in Development

4.3

The following SPGs are relevant: Premises for Eating, Drinking and Entertainment in Cardiff City Centre Restaurants, Takeaways and Other Food and Drink Uses City Centre Design Guide Tall Buildings (Draft) Public Art Access, Circulation and Parking Requirements

4.4

Planning Policy Wales (March 2002) TAN 12: Design TAN 18: Transport

22

4.5

City Centre Strategy 2007-2010 (Butetown Area) INTERNAL CONSULTEES RESPONSES The Operational Manager (Transportation) has no objection to the proposals, making the following comments: I refer to the above and would confirm that the submission has been assessed and is considered acceptable in principle subject to the comments and conditions below. It is also noted that access was not reserved in the outline application 08/02716/C and therefore a lot of detail has already been concluded in this regard and determined under that application. Conditions: C3S Cycle Parking, 50 undercover spaces for staff plus 10 spaces for visitors; E3D Retain Parking; C3F Details of Access Road Junctions, to be based on the principle layout shown on drawing W72998_SK_02a submitted in connection with 08/02716/C; Construction management plan condition Prior to commencement of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority, to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity; Travel plan condition - No part of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the LPA. The Travel Plan shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the plan, unless otherwise agreed in writing with the LPA. Reports demonstrating progress in promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the LPA, commencing from the first anniversary of beneficial occupation of each phase or element of the development. Further recommendations:

5. 5.1

23

1)

2)

3)

The application site encroaches on two areas of adopted public highway, the northern end of Canal Parade and the un-named turning head from Bute Street, which will need to be stopped-up prior to commencement of development; The access works condition and any other works to existing or proposed adopted public highway will be subject to an agreement under Section 38 and/or Section 278 Highways Act 1980 between the developer and Local Highway Authority; It is recommended that staff changing, shower and locker facilities be provided within the development to encourage cycle commuting as an alternative to use of the private car for such trips. Such facilities being consistent with and in support of good travel planning.

Comments: There may be some overlap between the conditions detailed above and those secured under the outline application 08/02716/C, please treat accordingly. The proposed level of car parking, a total 42 spaces for 10,381m/sq GIA, equates to 1 space per 250m/sq of GIA and is policy compliant. Standard parking condition E3D is requested to secure the provision and retention of these spaces, and the associated manoeuvring areas within the car park. Cycle parking for this phase is as detailed in the above requested condition and based on the adopted SPG, which identifies a requirement of 1 staff space per 200m/sq + 1 visitor space per 1000m/sq. I therefore have no objection to the application subject to the above conditions, second recommendations and comments. 5.2 The Operational Manager (Drainage) has no objection, making the following comments: I refer to your consultation of 22/08/12 on Matters Application and comment as follows :the above Reserved

I have no further comment to make in relation to drainage over and above the existing drainage conditions 10 to 16, submitted at Outline Planning stage. None have yet been discharged as the information required has not been forwarded by the Developer. However in relation to drainage outside the Authoritys jurisdiction, it is essential that the applicant consults DCWW as the proposed footprint of the development appears to be directly over a public sewer.

24

5.3

The Pollution Control (Noise & Air) Manager has no objection subjection to conditions relating to plant noise and kitchen extraction, along with advice relating to construction site noise. The Pollution Control Manager (Contaminated Land) has no objection to the original submission, or the amended plans. The Operational Manager (Waste Management) advises that the plans detailing refuse storage are acceptable. The applicant is advised that a commercial contract is required and that a site waste management plan should be implemented. The Operational Manager, Parks has no objection. However it is commented that the proposed tree planting measures could be enhanced (particularly along the Portmanmoor Road frontage) and that certain shrub species could be replaced with more native species, such as holly. The Councils Tree Protection Officer has been consulted and comments as follows: It would appear that implementation of development will result in the loss of some existing trees on the Callaghan Square frontage, and the imposition of a building line close to 2-3 existing trees on the Bute Street side that may compromise their future growth. Contrary to our SPG on Trees and Development, no assessment of trees has been undertaken or used to inform design. Thirty two new trees are proposed, as shown on the Tree Planting Strategy. The species choice reflects in part, the existing local tree-scape, dominated by Acer platanoides cultivars and Pyrus calleryana Chanticleer. Further detailed landscape specification comments have been provided and these have been forwarded to the agent. The Tree Protection Officer has no further comment in relation to the amended plans received.

5.4

5.5

5.6

5.7

5.8

The Councils Access Officer has been consulted and no comments have been received. The Operational Manager Harbour Authority has been consulted and no comments have been received. EXTERNAL CONSULTEES RESPONSES South Wales Police have no objection, subject to security advice relating to:

5.9

6. 6.1

25

(i). (ii). (iii). (iv). (v). (vi). (vii). (viii). (ix). (x). (xi). (xii). (xiii). (xiv). (xv). (xvi). (xvii).

Boundary identification. CCTV. Lighting. Landscaping and planting. Vehicle parking. Bike stores. Waste disposal areas and bin stores. The building. External pipework. Access control. Door security. Window security. Alarm system. Reception areas and visitor control. Computers. Management practice and security management. Secure areas.

The comments of South Wales Police have been passed to the agent and an additional recommendation is made advising the applicant of the Secured by Design approach. 6.2 6.3 Welsh Water has no objection, subject to drainage conditions. The Environment Agency has no objection, subject to contamination conditions. Network Rail have no objection. There are no further comments in light of the amended submissions. The design Commission for Wales were consulted and no comments have been received. REPRESENTATIONS Local Members have been consulted and no comments have been received to date. Adjacent occupiers have been consulted and the application has been advertised on site and in the press in accordance with procedures. The Occupier of 29 Tresillian Terrace has raised the following issues in respect of the original submission: There are significant concerns relating to ground water levels on site E04 and its discharge affecting properties on Tresillian Terrace;

6.4

6.5

7. 7.1

7.2

26

MEPC have denied access to their site in order to assess groundwater levels; A condition is requested which would require a site excavation to examine perched water on the E04 site; It is believed that the impoundment of the Bay has raised water levels above previous levels, flooding old water courses, including Junction Canal, which lies under the E04 site; A section of brick veneer to the western boundary wall of site E04 has collapsed, suggestive of water flowing along its foundations into 35-43 Tresillian Terrace; This application suggest surface water flows off the site towards the boundary with Tresillian Terrace (in a westerly direction). However, it is believed that this should be shown in a more north-westerly direction; It is suggested that MEPC should rebuild the boundary wall to Tresillian Terrace; Cardiff County Council planners are preventing MEPC from successfully developing site E04 in not providing an prestigious access road directly off Callaghan Square, instead of via two little alleyways; If the tree species Chantelier Pear is a sterile variety, it will attract rats.

The occupier of 29 Tresillian Terrace makes the following comments in respect of the amended submissions (reported as a late representation to April 2012 Committee): The re-labled Building 5 will damage houses on Tresillian Terrace due to high wind speeds and will infringe on his right to light; There is no reason for the step back in the ground floor faade. The building will create downdrafts that could be overcome with the inclusion of balconies to the upper floors; There are no male toilets shown on the submitted plans; The is insufficient parking provision; Making access to the proposed building off two small lanes (passing drunks etc.) is shackling MEPC; The submitted shadow studies are inaccurate/inconsistent; There are errors in the Design Brief, including incorrect labelling of photos/images and incorrect scaling of structures on massing diagrams; Believes that MEPC will have difficulty letting the design of building they propose; The retail spaces shown with Building B2, B3 & B4 are unlikely to be let as Callaghan Square is not a place (that people frequent); There are concerns regarding the use of tree species Pyrus Calleryana Chanticlieer.

27

It should be noted that the above is a prcis of the content of the representations. The full representations will be available to Members at Committee. The Governing body of St Mary the Virgin Primary School object to the proposals on the following grounds (reported as a late representation to April 2012 Committee): Some classrooms have been omitted from the plans and drawings and therefore no account has been made of the impact of the proposed building on these rooms. The impact of the scale and height of the development relative to the school buildings has not been taken into account. There is no cross section in the application. However, we have prepared a sketch which illustrates the impact on our classrooms which occupy the playground and are the nearest to the development. The scale on the site plan appears to be incorrect. The distance from the building to our existing classroom block is approximately 20 metres. The screening between the proposed parking area and our school is not adequate. We are concerned about the increased opportunity for break-ins over the fence separating the office and the school due to the increased accessibility of the parking area.

We are disappointed that MEPC have made no attempt to visit the school so that they could gain a clearer understanding the impact of the proposed building. We are enclosing photographs of the classrooms and the playground which we hope the planners will find useful. The pupils of St. Mary the Virgin are some of the most disadvantaged in Wales. The proposal will completely change the character of the school. The development will impact severely on the childrens sense of well being and on the schools facilities, particularly the classrooms on the site boundary. We would argue that there should be a financial contribution to mitigate the impact on the building. Mrs Jackson, our Headteacher, would be pleased to give MEPC a guided tour of the school site. 8. 8.1 ANALYSIS This is a reserved matters application for the construction of a new office block, under phase 1 of the Plot E04 area of Callaghan Square. The principle of multistorey commercial development on this site is firmly established and this application is therefore to consider the detail of the proposed building and associated works.

28

This application was deferred by Committee at its meeting on the 10th October 2012 in order to undertake a site visit. The site visit is scheduled to take place on the 31st October 2012. Any comments arising from that meeting will be reported to Committee. 8.2 The Land Use Policy Manager makes the following comments: The proposal is for the development of plot E04 at Callaghan Square, comprising of 46,450m2 B1 office floorspace across five buildings, with up to 600m2 for A1 use (across 3 units) and 400m2 A3 use (across 2 units) at the ground floor. The application site is located within the City Centre Principal Business Area (PBA), of the adopted City of Cardiff Local Plan and within the Butetown Area of the approved City Centre Strategy 2007 2010. The original concept for Callaghan Square allowed for a mixed use development within Callaghan Square, including provision for offices, retail, hotel, housing, leisure and non-residential institutions with all matters reserved. The total gross floorspace permitted was 52,000m2, of which 40,750m2 of B1 offices have been completed to date 1 . As such, the main land use planning policy issues relate to: Whether the proposed B1 (Office) use is acceptable at this location. The proposed development, if completed, would increase the amount of office floorspace in Callaghan Square to 87,250m2, with potential for further commercial / office uses on the remaining sites at John Street and Herbert Street. In total there is potential for in excess of 115,000m2 (1,250,770ft2) of floorspace to be delivered (see attached schedule of existing, consented and potential floorspace). Policy 35 of the Cardiff Local Plan favours office development within the City Centre Principal Business Area, subject to considerations of scale, location, design, amenity and transportation. Whilst the principle of offices at this location is considered acceptable in land use policy terms, and consistent with Outline Consent ref. 08/02716C, there remain concerns regarding the layout, public realm and access arrangements of this high density development; potentially impacting upon adjacent land uses and the local community. These issues are considered further within these observations.

29

Strategic Planning (Regeneration) Considerations: The applicant has submitted details of their proposed landscaping approach to the site; however they have not provided sufficient information to fully assess how the proposal will integrate with the surrounding public realm, pedestrian environment and adjoining land uses. Additional detail (potentially through a public realm Masterplan) is required to include details and locations of all hard and soft landscaping, street furniture and public art, in order to comply fully with Conditions 23, 24 and 31 of outline application 08/02716/C. Plan 1 (as attached) suggests those areas where further details and / or clarification would be required as part of the Masterplan, which should be agreed with the Local Planning Authority prior to the commencement of development. The Masterplan should include: Paving Materials / Street Furniture - The Cardiff City Centre Public Realm Manual seeks to establish a consistent palette of paving material and street furniture throughout the city centre. There are three established paving materials within the vicinity of the site; red clay pavers / white granite slabs in the core of the square and silver grey exposed aggregate concrete slabs along Bute Street. These materials should inform the design of the public realm throughout this site. LRT Reserve Landscaping of the LRT reserve should form part of the developments overall design vision in order to fully integrate the site with Callaghan Square. Boundary Walls / Railings Further details are required regarding the extent, design and location of the boundary walls to the south and west of the site. Public Art A Public Art Strategy is required for the site. Canal Parade Footpath The central north-south footpath and associated public realm enhancement scheme should be extended to the southern boundary of the site. There is an opportunity to remove the redundant section of carriageway at the junction with Canal Parade and realign the associated boundary walls in order to improve the design / layout of the public realm scheme. The footpath should be kept clear of access routes for service / delivery vehicles in order to promote pedestrian priority through the site. Footpaths Further details are required regarding pedestrian access through the site, in particular the east-west routes (footpaths) and associated access points to Bute Street / Lloyd George Avenue and Dumballs Road / Cardiff Central Station.

30

Strategic Planning (Policy) Advice: For the above reasons, the proposal is considered acceptable in land use policy terms, subject to detailed design and amenity considerations. There are no further comments in light of the amended submissions. 8.3 Further advice is given in respect of the acceptability of uses within Class A1 (shops) and Class A3 (food & Drink). However, these issues are not relevant to this application as there are no such uses under consideration. The principle of such uses on the wider Plot E04 site have been addressed under outline planning permission 08/2716C. The key issues in consideration of this application are design, scale and massing; landscaping; traffic, parking and access, and economic development. Phase 1 Design, Scale; Massing and Landscaping The proposed 6 storey office building is of a scale and massing that is consistent with the existing situation on Callaghan Square and with the details considered under outline application 08/2716C. The amended details indicate a recessed ground floor level which adds strength to the ground floor faade, with the introduction of the projecting fins providing a vertical emphasis. 8.6 The layout of the development reinforces the building line and frontage to the Square along its east and west axis, and will help define and create a sense of place. The primary entrance is also arranged facing onto the Square and offer the prospect of an active frontage. The form of the building at roof level includes a recessed top floor similar in design to the Eversheds building on the north side of the Square. Whilst the solid to void pattern of the northern elevation is significantly different to the existing office buildings on the Square, the provision of the vertical fins helps provide a legible and ordered frontage. In this respect, it is recommended that the fins are arranged in an aligned position as opposed to the more random design shown. This is reflected in condition 11 above. The finished materials have been considered and the use of alternative, but complimentary materials to that utilised on the offices to the northern side of Callaghan Square is considered acceptable, adding a degree of diversity and interest. 8.7 Condition 22 of outline planning permission 08/2716C requires the submission of a design brief for the undeveloped parts of the site, and plans have been submitted showing how the sites to the west of the current scheme might be

8.4

8.5

31

arranged. They indicate the potential for a tall landmark building on the northsouth axis to St. Mary Street, with similar, but smaller buildings on the eastwest axis. The indicative drawings help provide a legible series of developments and spaces and show how the form and layout complements the office building on the phase 1 site. Further details in respect of detailed design matters under condition 22 are required and this is covered by the new condition 8. 8.8 At the time of the outline consent (May 2008) an additional recommendation was made requiring a comprehensive design brief for Callaghan Square be prepared by the Chief Strategic Planning and Environment Officer. Further to this recommendation, concept plans have been prepared for Callaghan Square to improve pedestrian and cycle arrangements, with a view to creating a less highway dominant environment and better quality and sense of place. (These plans will be displayed at Committee, but are not part of the submission under the current application). Issues relating to the public realm are covered by the outline consent conditions and also by new conditions specified in the recommendation above. This will cover public art, hard and soft landscaping, street furniture and materials. 8.9 Condition 34 attached to the outline consent requires the development to achieve an Excellent BREEAM rating. The BREEAM 2011 Prediction Report submitted with this application concludes that the phase 1 building will deliver and Excellent rating, with a predicted score of 72.18% (the threshold for an excellent rating is 70%). The proposed redevelopment results in the loss of a number of existing trees, to be replaced with others as part of extensive planting proposals to both the internal site area and its periphery. However, in light of comments received from the Councils Tree Protection Officer, amended details have been sought. No further details have been submitted to date and it is therefore considered appropriate to impose a condition relating to the submission of landscaping details, in conjunction with the details of the wider public realm works to the Callaghan Square area (with particular regard to the LRT reserve). Having due regard for adopted planning policy, the existing/historical commercial/industrial nature of the site and the details of the amended proposals, it is considered that the design, scale and massing of the scheme are acceptable.

8.10

32

8.11

Traffic, Parking and Access The scheme includes off street parking for 43 cars, with 4 spaces indicated for disabled users. Vehicular access is off Bute Street, with works to improve the junction to be the subject of an agreement under Section 278 of the Highways Act. Pedestrian access is via the Callaghan Square frontage. The design of the phase 1 site (and the wider plot E04 site) has been the subject of significant consideration in terms of accessibility and permeability through the site for pedestrians and cyclists. The public realm enhancements ensure that there is free movement through and around the site, with the development itself providing cycle parking facilities for up to 40 cycles. (Further cycle improvements would be included within the wider public realm works for Callaghan Square as outlined in paragraph 8.8 above). The LRT reserve to the northern boundary of the site is not prejudiced by the phase 1 proposals (or the suggested siting of buildings to future phases as identified in the Design Brief). The current right of way that runs through plot E04 (from Canal Parade to Callaghan Square) is not prejudiced by the current phase 1 proposals. However, it may need to be re-aligned during the development of future phases. The Operational Manager Transportation has considered the details of the submission and has no objection, making the comments in para. 5.1 above. Those conditions/recommendations requested and not addressed under the existing outline consent have been recommended above (cycle parking, parking provision etc.)

8.12

Economic Development The proposals introduce prestigious office accommodation to a site that has been dormant for a considerable time. It is considered that this development offers a positive influence, given the current economic climate and will act as catalyst for an ongoing development of the Square. The is highly sustainable given its proximity to both bus and rail facilities and represents a significant landmark development for the City Centre and the Square.

8.13

Equalities Impact In terms of inclusive access and the public sector equality duty (Section 149 Equality Act), there will be no apparent abnormal differential impact on relevant equality strands. The pedestrian and vehicle access arrangements are such that equal access is available through and around the site.

33

8.14

Representations

8.14.1 With regard to the representation received (relating to the original submission) from the occupier of 29 Tresillian Terrace, issues of drainage have been assessed by the Councils Drainage Manager who, while not commenting on this application, advised in consideration of the outline application that there were no objections, subject to a condition requiring the submission of a drainage scheme. Likewise the details have been considered by Welsh Water and the Environment Agency, who again offer no objection, subject to drainage and contamination conditions. A drainage condition exists under the existing outline consent. A copy of the comments made by the occupier of no. 29 Tresillian Terrace was sent to Welsh Water and they were asked to make any further comment in light of the issues raised. Welsh Water confirmed that they had no further comments to make, other than those already provided. In this case, there would be no sustainable grounds to refuse consent in terms of drainage of the site. Access to the E04 site has been established through lengthy discussions between the developers and the Councils Transportation Service during the consideration of the existing outline consent. The access arrangements are acceptable to the developer. The tree species Pyrus Calleryana Chanticleer has been identified by the Councils Tree Protection Officer as problematic. This has been passed on the applicant and a condition requiring the submission and approval of full landscaping details is recommended above (condition 5). 8.14.2 With regard to the representation received from the occupier of 29 Tresillian Terrace in light of the amended submissions, the design, setting and accessibility of the Phase 1 building has been established in co-operation with the applicants. The proposal is considered acceptable to both Officers and the applicants. Whilst it is acknowledged that there are errors in the submitted Design Brief this has been addressed in the recommended condition 8. The information within the Design Brief represents an indicative, notional response to the ongoing process of developing future phases of the E04 plot. As indicated in para 8.14.1 above, the issue of tree species has been addressed by the Councils Trees Officer. Condition 5 is recommended to secure an acceptable landscape scheme.

34

8.14.3 With regard to the representation received from the Governing Body of St Mary the Virgin Primary School, whilst the concerns of the Governing Body are noted, the application has been considered on its merits, and having due regard for the city centre context and previously approved indicative master plan. The submitted plan Site Plan Phase 1 Access numbered GA (00) 02 revision A clearly shows the footprint of the nearest classroom to the proposed Building 1, which sits approx. 20m from the shared boundary as indicated on this plan. The concerns relating to site security are noted. However, given that the adjacent land (the application site) is currently vacant and the proposals would result in a considerably higher degree of passive surveillance, there would be insufficient evidence to refuse consent on such grounds. Notwithstanding the above, and having due respect to the use of the demountable classroom by the school, it should also be noted that this demountable classroom (granted consent under planning permission 07/2663C dated 14th December 2007) is a temporary structure, with consent for its placement and use expiring on the 31st December 2017. Whilst it is possible that the school may wish to extend this consent in the future, this cannot be taken as a certainty, and to refuse consent for development (which is acceptable in all other regards) of an adjacent site due to the presence of the classroom could not be reasonably sustained. 8.15 Conditions It is noted that several consultees (internal and external) have requested specific conditions be imposed (drainage, contamination measures etc.). However, it should be noted that the majority of these conditions have already been imposed under the existing outline consent. Those conditions that are not covered by the outline consent (refuse storage, parking provision etc.) have been recommended above. 8.16 Conclusion Having regard for adopted planning policy, the additional/amended details and the comments above, it is recommended that planning permission be granted, subject to conditions.

35

36

37

38

MEMBER COMMENT
COMMITTEE DATE: 07/11/2012 APPLICATION DATE: 22/08/2012

APPLICATION No. 12/1427/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: CATHAYS

Full Planning Permission Mr Weatherill 22 PARK PLACE, CATHAYS PARK, CARDIFF, CF10 3DQ Change of use from offices to dwelling (C3)

RECOMMENDATION: In the event that an appeal against non-determination had not been lodged, planning permission would have been refused for the following reason: 1. The loss of small scale professional office accommodation and the loss of the villa to a non business/ employment use would adversely impact on the continued role of the Northern Professional Office Area as an important office location, contrary to the Northern Professional Office Area SPG (March 2000).

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT This is a full application for the change of use of a vacant office building (approx 300 sq m) to a single dwelling (Class C3). Indicative floor plans indicate that there would be 5 no bedrooms. Whilst no external alterations to the building itself are proposed, the indicative proposed site plan shows the retention of 2 of 3 existing car parking spaces, the installation of a sliding gate and the creation of a landscaped amenity area to the rear. Contrary to that plan, the application form notes that the 3 existing car parking spaces are to be retained. No facilities for the storage and collection of refuse are shown. The application is supported by a Planning and Access Statement, a letter from the Applicants property agent and the For Sale/ To Let details for the property, which raise the following matters: i. Whilst the premises have been vacant for over 18 months, marketing did not formally commence until the end of March 2012. Parties were made aware of the imminent placing of the property on the open market during February 2012. Marketing activity included mail shots to over 80 parties, the erection of a sale/ to let board and marketing on the website. The response to marketing has been limited, with no offers received either on a freehold or to let basis, and 5 parties shown around the property. Their interest is noted as follows: Developer the internal layout was deemed not conducive to the building being redeveloped economically; Owner occupier / developer the configuration of the

1.2

ii. iii.

39

iv.

v.

building was deemed not to lend itself for splitting on a floor by floor practice to suit his practice; Owner occupier for an accountancy practice but interest did not develop; Enquiry from an individual wish to convert the property for residential accommodation for overseas students; Enquiry from Language School not pursued as the internal configuration was deemed not to lend itself for such a use, with too many small offices within the building. The to marketing is noted to be a factor of the prevailing depressed market conditions but also a reflection on demand of this type of office building, which, it is argued, is considered to be outdated in its current configuration due to the large amount of individual rooms, corridors, staircases etc as opposed to open plan offices with modern conveniences. Information is provided on the availability of office space in the immediate area (400m). The agent concludes that there is a significant amount of office floorspace available within the immediate area, some of which has been available for a considerable time, and that they can foresee little or no demand for this type of property for the foreseeable future.

1.3

On being advised by the case officer, on 20/09/12, that the application was to be recommended for refusal in line with comments from the Regeneration Team, the agent submitted further comments for consideration in his letter of 25/09/2012 (set out below) and specifically requested that the application be placed before Planning Committee, rather than being determined under delegated powers, so that members can be made fully aware of the views expressed as to the deficiencies of the SPG and that the stance taken by officers does not reflect the realities of current economic circumstances. The agent also requested that Committee be advised of the Applicants intention to appeal if the application is refused. The points raised by the Agent in his letter of 25/09/2012 are as follows: 1. As a general principle, to accord with Welsh Government (WG) guidance, SPGs are not designed or meant to create new policy, but to provide clarification and guidance on existing development plan policies. The SPG fails this important test. The text to paragraph 1.2 of Appendix One to the SPG provides that: Pressures for the introduction of alternative uses within these areas (subject of the SPG) were not apparent at the time of plan preparation and are, therefore, not reflected in the existing policy framework for the area. Thus the provision to resist the change of use of offices in the geographical area covered by the SPG amounted to a new policy at the time. The genesis of the new policy was based, not on the provisions of adopted development plan policy, but as paragraph 1.2 of the SPG clarifies, on a resolution of Planning Committee: The Brief is a direct response to the resolution of Cardiff County Council Planning Committee, of 27 January 1999, that further applications for change of use to Classes A3 and D2 within the area be considered in terms of

1.4

2.

40

their cumulative impact on the functioning of the area as a focus for professional office uses, and that an Area Planning Brief be prepared. 3. The new policy was not considered sufficiently important to be included in the draft UDP, prepared shortly following the adoption of the SPG. Whilst the UDP was not formally adopted, it makes no specific provision to protect the brief area from changes of use from offices in the terms set out in the SPG. It is appreciated that the SPG was prepared a long time ago, when economic circumstances were certainly different. The composition of professional firms has also changed since, with a movement towards amalgamations and larger practices, thus reducing the demand for smaller suites or premises, as is evident within the SPGs brief area. However, a continued reliance on an outdated SPG whose thrust and content is at odds with current WG guidance (Local Development Plans Wales 2005 section 5) would be considered inappropriate. Moreover, the SPG, unlike the more modern ones introduced by the Council, was not subject to a sufficient degree of public consultation. As to the detail of the SPG, it contains a resistance to the change of use of offices. However, Mr Barnett explained that changes of use from offices to other appropriate uses such as residential would probably be considered favourably when the LPA considered that adequate marketing had taken place for a period of at least 12 months, and possibly 18 months. The 12-18 month period is wholly arbitrary, is clearly not set out in the SPG or indeed in any of the Councils adopted policies. Mr Barnett confirmed that neither the Council nor any of its Committees had established the qualifying period. It is thus a period considered appropriate only by Council officers, without the required authority, acting on their own. The applicant considers that the proposed change of use of the premises, which have been vacant for over 18 months, and marketed without success for 7 months, meets the general thrust of the SPGs advice. The change of use would not individually create an adverse impact on the areas amenities, and the proposed investment in the property in its conversion would lead to an enhancement of the character and appearance of the conservation area. The advice provided by the policy section is that the proposal .has the potential to harm the predominant office role/character of the area and its continued attractiveness as a focus for small-scale professional offices. Subject to a longer period of unsuccessful marketing, that would probably not be the advice in 12-18months time. It is an illogical approach how can a proposal be considered harmful now in the terms of the Councils policies, but probably not next year?

4.

5.

6.

7.

41

It appears that your proposed recommendation is based entirely on the policy response. The SPG is a material consideration, but in the light of the comments made above, it is considered that you have inappropriately afforded it far too much weight in arriving at your view. It is also considered that you should take into account the costs/losses involved in maintaining empty property in the clear absence of office demand for this type of property in the area, as the marketing agents have clearly set out in the report accompanying the application. Accordingly, the applicant does not wish to accept your offer to ..withdraw the application or accept a refusal. It is considered that you should think again having regard to the deficiencies of the SPG. It is sincerely hoped that your recommendation will change, and the application, in the absence of any other objection, can be quickly approved under delegated powers. However, should the recommendation remain unaltered, the applicant wishes the matter to be placed before Committee, so that members can be made fully aware of the views expressed as to the deficiencies of the SPG and that the stance taken by officers does not reflect the realities of current economic circumstances. They should also be informed that the applicant intends to appeal if the application is refused. 1.5 The agent has since confirmed that the client has decided not to wait for Planning Committee and that an appeal has been lodged with the Planning Inspectorate against non-determination of the application within the appropriate time. A hearing is scheduled for 29th January 2013. The recommendation reflects this position and the fact that the effect of the appeal is to transfer the decision from the Council to the Planning Inspector. The views of Planning Committee will be material to the Inspectors decision. DESCRIPTION OF SITE The application site comprises a 2 storey plus basement, semi-detached, vacant Victorian villa, located in a prominent position at the corner of Park Place and St Andrews Place. There is a raised garden to the front of the building, and a single storey extension annexe buildings and a car park with 3 parking spaces with rear lane access to the rear. The premises are currently vacant and were last used as offices. No 21 Park Place, the other half of the semi-detached pair of villas, is located to the south, and is currently vacant and was also last used as offices. Details submitted confirm that, whilst 21 and 22 Park Place were knocked through by the previous tenants and run as one building, the buildings have recently been re-instated as self-contained semi-detached office buildings. On the other side of the rear lane, to the east, is a modern office development, with a coffee shop at ground floor. To the north is 23-24 Park Place, a pair of semidetached Victorian villas, also vacant and formerly used as offices. The latter was the subject of application 12/01267dci (see planning history below).

2. 2.1

2.2

42

2.3

The site is located within the City Centres Principal Business Area (PBA), as defined in the City of Cardiff Local Plan, the Northern Professional Office Area, the Cathays Park Area of the approved City Centre Strategy 2007-2010, and the Windsor Place Conservation Area. It is located immediately to the south of the Cathays Park Conservation Area. Park Place, which forms part of the Cathays Park Conservation Area and Windsor Place Conservation Area, lies to the east of the Civic Centre and is characterised by terraced and semi-detached Victorian villas, the frontage of which has remained largely unaltered, with the exception of the Cardiff University Students Union Building and the Cathays Park Railway Station. SITE HISTORY There is no relevant recent planning history relating to the application site. Other recent relevant planning history includes: 23-24 Park Place 12/1267DCI - DEMOLITION OF EXISTING BUILDINGS AND PROPOSED MIXED-USE DEVELOPMENT, STUDENT ACCOMMODATION COMPRISING OF 14 APARTMENTS HOLDING A TOTAL OF 79 BEDROOMS. (5 X 5 BED APARTMENTS AND 9 X 6 BED APARTMENTS), PLUS A RETAIL UNIT AS PART OF THE SAME BUILDING AT 200SQM refused 14/09/2012 for the following reasons: 1. The proposals, by virtue of the proposed demolition of the existing building and the siting, scale and design of the redevelopment proposals do not preserve or enhance the character and appearance of the conservation area, contrary to LP Policy 3, UDP Policy 2.53 and PPW (para 6.5.17 and 6.5.18). The proposals, by virtue of their siting, scale and design represent an overdevelopment of the site and an incongruous form of development that does not have proper regard to the scale and character of its local context and adversely affects the aesthetic quality of the area contrary to LP Policy 11 and UDP Policy 2.20. The loss of small scale professional office accommodation adversely impacts on the character of the conservation area and its continued role as an important office location, contrary to the Northern Professional Office Area SPG.

2.4

3. 3.1

2.

3.

12/01268/DCI DEMOLITION OF EXISTING BUILDINGS ON SITE - refused 14/09/2012 Rear of 33-34 Park Place 12/00005/DCI FOUR STOREY NEW BUILD FLATS (8 NEW FLATS WITH A3 AT GROUND) approved subject to a s106. The above application did not result in the loss of office floorspace. However, it is relevant to note that the proposal was for infill development, in a less prominent location, not requiring the demolition of existing office premises. No concerns were raised in the Committee report over the acceptability of a

43

residential use in this location, in respect of either the NPOA or Conservation Area. 4. 4.1 POLICY FRAMEWORK Relevant City of Cardiff Local Plan policies: 3: Development in Conservation Areas 11: Design and Aesthetic Quality 17: Parking and Servicing Facilities 18: Provision for Cyclists 19: Provision for Pedestrians 20: Provision for Special Needs Groups 35: City Centre Principal Business Area 36: Alternative use of Business, Industrial and Warehousing Land 4.2 Relevant Deposit Cardiff Unitary Development Plan (2003) policies: 2.20: Good Design 2.24: Residential Amenity 2.32: Change of Use of Offices in the Central and Waterfront Business Areas 2.53: Conservation Areas 2.57: Access, Circulation and Parking Requirements 2.64: Air, Noise and Light Pollution 2.74: Provision for Waste Management Facilities in Development 4.3 Relevant Supplementary Planning Guidance and other guidance: City Centre Strategy (2007 2010) Safeguarding Land for Business and Industry (2006) City Centre Northern Professional Office Area Planning Brief (March 2000) Waste Collection and Storage Facilities (March 2007) Access, Circulation and Parking Standards (January 2010) Cardiff City Centre Conservation Area Appraisals (2009) 4.4 5. 5.1 Planning Policy Wales (Edition 4 February 2011) INTERNAL CONSULTEE RESPONSES The Regeneration Team advise that the proposed change of use would be contrary to paragraphs 3.1 and 3.2 of the Northern Professional Office Area SPG. They advise that the proposal would involve the loss of existing small scale office accommodation, and whilst the applicant has identified that the site has been actively marketed since February / March 2012, this is not considered to be a significant period of time when assessed against the criteria identified in the SPG and paragraph 4.3 of the Safeguarding Land for Business and Industry SPG. It is also noted, that whilst other complementary uses have been permitted within the NPOA, the introduction of residential uses within the terraced and semi-detached villas has the potential to harm

44

the predominant office role / character of the area and its continued attractiveness as a focus for small-scale professional offices. 5.2 The following points are offered by the Regeneration Team in response to the points raised by the Agent in his letter dated 25/09/2012: Points 1-2: The NPOA SPG supplements Policy 35 of the Local Plan which identifies the Park Place, Windsor Place and St Andrews Place Area as a contributor to the stock of city centre office accommodation (Para 7.3.3). Point 3: UDP Policy 2.32: Change of use of offices in the Central and Waterfront Business Areas (Para 2.32.7) identifies that The Windsor Place area requires particular protection from inappropriate changes of use. In addition, paragraph 2.32.4 identifies the issues to be considered for proposals that involve the alternative use of office accommodation, which are consistent with those identified in the NPOA SPG. Point 4: Policy 36 of the Local Plan states that proposals for the alternative use of existing business land will be assessed against the demand for and need to preserve a range, choice and quality of sites for business development. The need to provide a range and choice of sites available for office premises is identified in the UDP (Policy 2.32) and there is additional policy clarification in the Safeguarding Land for Business and Industry SPG (Paras 4.14-4.18). With regard to public consultation, appendix 2, paras 2.1 and 2.2 of the NPOA SPG identify the processes that were undertaken, in addition to its advertisement through the local press. Point 5: This is one of several criteria to be taken into consideration. It was explained that where other changes of use applications had been submitted within the NPOA, the properties had typically been marketed for between 1218 months, however it was not stated that a residential use which involved the loss of existing office accommodation would probably be considered favourably if this length of marketing had been undertaken. Points 6-7: Whilst it is accepted that the site is currently vacant, that the proposal would seek to rehabilitate a vacant property and that it has been actively marketed for the past seven months, there remains a concern that the introduction of residential uses within the terraced and semi-detached villas has the potential to harm the predominant office role / character of the area and its function as a focus for small-scale professional offices. In line with the issues identified in the NPOA SPG, other applications have either sought to retain a significant element of office floorspace, have been considered to complement the areas business / employment role and character, or have involved larger post war office blocks rather than the historic villas and town houses identified in the NPOA SPG.

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5.3

Waste Management advise that current site plans make no reference to the storage and collection of waste and recycling, and that a location must be identified and retained for future use. An advisory notice is recommended to note that the Council no longer collect from rear lanes and that waste must be presented onto St Andrews Place on specified collection days. Transportation advise that they have no objection, subject to a condition to require the car parking illustrated on the submitted drawings to be maintained at all times. It is also advised that the Applicant must ensure that the access gates adjacent to the parking area, accessed via the rear public lane, do not open out onto the public highway. The sliding gate shown is noted to be acceptable. It is also noted that in order to comply with the SPG, only 1 car parking space would be required in this instance, but that if the Applicant chooses to retain the 2 spaces shown, there would be no objection, as these spaces are existing. Pollution Control (Noise and Air) has no objection, subject to a condition to require the submission of a scheme to install sound insulation and ventilation measures to control internal noise levels and so protect the amenities of future occupiers, a condition to control plant noise, and advice relating to construction site noise. EXTERNAL CONSULTEE RESPONSES The Central Area Conservation Group note that the proposal would be acceptable, subject to Article 4 controls being applied to prevent future inappropriate development. The Group also encourage the developer to look at external features to see if the quality can be, appropriately, improved. REPRESENTATIONS 35 neighbouring properties were consulted, and the application advertised by means of a press and 10 site notices. No letters of representation have been received. Cllr Merry notes that she doesnt have a particular objection in offices being converted to residential use, especially if there is no demand for the use of premises as offices, but raises a concern that there is no refuse provision. It is noted that there are continual problems with waste in Cathays due to the number of HMOs and flat conversions and that proper provision is vital, especially in considering the prominent location. ANALYSIS The main issues are: (i) Whether the loss of small scale professional office accommodation and introduction of a single dwelling (Class C3) would adversely impact on the continued role of the Northern Professional Office Area as an important office location.

5.4

5.5

6. 6.1

7. 7.1

7.2

8. 8.1

46

8.2

Situated adjacent to the Civic Centre in Cathays Park, Park Place (together with Windsor Place, St Andrews Crescent and Museum Place) was originally developed in the 19th century as a residential area and principally comprises terraced and semi-detached villas. Over the past century, land uses within the area have changed and the properties are now largely used as small-scale professional offices. The scale and nature of these buildings make a significant contribution to Cardiffs ability to offer a range, choice and quality of office premises and the Councils approved Supplementary Planning Guidance (SPG) for the Northern Professional Office Area (NPOA) specifically seeks to control the loss of existing small-scale professional offices within this important location. The guidance introduces criteria against which development proposals in the area will be assessed, including: 3.1 3.2 3.3 3.4 3.5 That the proposal does not involve the loss of an existing office use Whether and for how long the premises are vacant That the proposal will not individually, or cumulatively, create an adverse impact upon the amenities of the area That the proposal will preserve or enhance the character and appearance of the Conservation Area That any proposed signage is appropriate to the character and appearance of the Conservation Area

8.3

The SPG states that proposals involving the loss of existing office accommodation will generally be resisted. Paragraph 3.2 identifies that the material weight afforded to each proposal for vacant premises will vary according to the previous use of the premises, the length of time that they premises have remained vacant and how actively the premises have been marketed for office use. The proposal would involve the loss of existing smallscale office accommodation and whilst the applicant has identified that the site has been actively marketed since February / March 2012, this is not considered to be a significant period of time when assessed against the criteria identified in the NPOA SPG and paragraph 4.3 of the Safeguarding Land for Business and Industry SPG. In coming to the view that the loss of the small scale office accommodation and the loss of the villa to a non business/ employment use would unacceptably harm the predominant office role of the NPOA, account has also been taken of the information provided by the Agent, including that on the amount of similar office space available and the responses to marketing. However, it is considered that these issues are not sufficient to warrant approval of the application. In respect of the question as to whether the proposed dwellinghouse use is acceptable at this location, it is considered that the loss of the villa to any non business/ employment use would harm the predominant office role of the NPOA and would be unacceptable by virtue of the loss of the small scale professional office accommodation, potentially creating a precedent resulting in the erosion of the office role and character of the NPOA. In coming to this conclusion, account has been taken of the following: that the Deposit UDP, the City Centre Strategy and National Planning Guidance seek the redevelopment of vacant sites and the use of Brownfield sites within urban

8.4

47

areas for housing to help meet city-wide housing needs and to promote urban regeneration, and that residential uses have been permitted elsewhere in the NPOA where the proposal does not involve the loss of small scale professional office accommodation. (ii) whether the proposal would preserve or enhance the character or appearance of the Conservation Area or harm visual amenity.

8.5

It is noted that the proposal is for a change of use only and that no external alterations are proposed to the building. There is some concern that the loss of the office use would harm the character of the Conservation Area as a focus for small professional offices and establish a precedent for further loss of offices to residential within the NPOA. However, it would be difficult on balance - to sustain a refusal on grounds of harm to the character and appearance of the Conservation Area, given that the proposal is for a change of use only with no external alterations are proposed to the building, and that the proposal would result in the occupation of a prominently located and vacant building in the Conservation Area. Whilst the indicative proposed site plan proposes the creation of an amenity area and the installation of a sliding gate to the rear of the site, their design could be controlled by condition to ensure that there would be no consequent harm to the Conservation Area. The comments of the Conservation Area Group are noted and it is recommended that the Inspector consider the need to remove permitted development rights, be it by condition or Article 4 Direction, to prevent any future inappropriate development in the Conservation Area, in the event of that the appeal is allowed. (iii) whether the proposal would harm the living conditions of neighbouring occupiers.

8.6

There is some concern that the proposed use may harm the amenities of neighbouring office users and, particularly, the future occupiers of the attached vacant office premises, by virtue of a potential for disturbance through noise or activity within normal office hours. However, given that the proposal is intended for use as a single dwelling only, rather than flats or other higher occupancy use, it would be difficult to sustain a refusal on this basis. There is also some concern over the impact on the future occupiers of the proposed dwelling, taking into consideration the sites location adjacent to commercial premises and along a busy road where traffic noise may be an issue. However, it is noted that Pollution Control has no objection, subject to the recommended conditions. (iv) whether the proposal provides adequate facilities for the storage of waste and materials for recycling.

8.7

The comments from Waste Management and Cllr Merry are noted. Whilst the plans make no reference to the storage and collection of waste and recycling, the site plan clearly indicates that sufficient space is available. As such, the concern could be overcome by a condition to require details to be submitted in

48

the event of that the appeal is allowed and, therefore, this matter does not warrant a reason for refusal in this instance. (v) whether the proposal would make satisfactory provision for access, parking and circulation.

8.8

The proposal would be acceptable in terms of access, parking and circulation, taking into consideration the comments from Transportation. In the event that an appeal against non-determination had not been lodged, it is recommended that planning permission should have been refused for the reason given.

8.9

49

50

51

AM/ LOCAL MEMBER OBJECTION

COMMITTEE DATE: 07/11/2012 APPLICATION DATE: 13/09/2012

APPLICATION No. 12/1441/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: CATHAYS

Full Planning Permission

Mr Morgan 33 MINNY STREET, CATHAYS, CARDIFF, CF24 4ES GROUND AND FIRST FLOOR EXTENSION, REAR DORMER AND CHANGE OF USE TO 8 BED HOUSE IN MULTIPLE OCCUPATION ___________________________________________________________________ RECOMMENDATION: following reason: 1. That planning permission be REFUSED for the

The proposed use of the property as an 8 bedroom house in multiple occupation would exacerbate the existing concentration of houses in shared use within the street and the surrounding area which would undermine the objectives of securing a sustainable mixed tenure community and would have an unacceptable adverse cumulative impact on the amenities and character of the surrounding area and the residential amenity of neighbouring occupiers contrary to the provisions of policy 2.22 and 2.24 of the Cardiff Unitary Development Plan Deposit Written Statement 2003 and paragraphs 4.1.5 and 9.1.2 of Planning Policy Wales (Edition 4) 2011.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT A full application for the construction of ground and first floor extensions with a rear dormer roof extension and conversion of the property into a house in multiple occupation (HMO) with 8 bedrooms. The proposed ground floor extension is to the rear of the existing 2 storey annexe and incorporates and existing lean-to annexe. The proposed extension is approx. 7.7m deep x 4.0m wide x 3.3m high, with a flat roof and render finish. The proposed first floor extension is to the rear of the existing 2 storey annexe and has a pitched roof style, matching the existing annexe in terms of its ridge and eaves height. The extension projects approx. 3.0m deep with a slate roof and rendered wall finish. A single bedroom window is to be inserted in the end elevation.

1.2

1.3

52

1.4

The proposed dormer roof extension is of a box design and measures approx. 2.1m high (max.) x 3.0m deep (max.) x 4.2m wide, with a hanging tile finish and a bedroom and w.c. window. DESCRIPTION OF SITE The application site is a mid terraced property, having a typical terraced dwelling built form with a main front element and a secondary rear single and double storey annexe. The rear garden area is relatively deep, with approx. 17m separating the existing single storey annexe from the boundary to the dwellings fronting Flora Street SITE HISTORY Nil. POLICY FRAMEWORK Planning Policy Wales (Edition 4) 2011 Relevant City of Cardiff Local Plan policies: 11: Design & Aesthetic Quality 17: Parking & Servicing Facilities 28: Residential Sub-Division

2. 2.1

3. 3.1 4. 4.1 4.2

4.3

Relevant Deposit Unitary Development Plan (October 2003) policies: 2.20: Design 2.22: Residential Sub-Division 2.24: Residential Amenity 2.57: Access, Circulation and Parking Requirements 2.74: Provision for Waste Management Facilities in Development

4.4

Relevant Supplementary Planning Guidance: Waste Collection and Storage Facilities (March 2007) Access, circulation and parking requirements (January, 2010)

5. 5.1

INTERNAL CONSULTEE RESPONSES The Waste Manager comments that no reference is made to the storage and collection of waste and recycling, indicating that waste must not be stored on the highway. It is advised that 3x240Litre general waste bins; 2x240Litre recycling bins and 2x25Litre food caddies would be required for this development. The Operational Manager Private Sector Housing has been consulted and any comments will be reported to Committee.

5.2

53

5.3

The Transportation Manager has no objection to the proposal, subject to the imposition of a cycle parking condition. In arriving at this conclusion, the following comments are made: I refer to the above applications and would confirm that the submissions have been assessed and are considered to be acceptable in principle, subject the to the following comments and conditions: Condition: C3S Cycle Parking. A minimum of two under cover and secure cycle parking spaces are required to comply with the adopted Access, Circulation and Parking Standards SPG. Second recommendation: Welcome Pack The applicant is requested to provide future residents with a welcome pack upon their arrival, detailing public transport services in the area, to help promote sustainable transport. Leaflets and advice in connection with production of the packs are available from Miriam Highgate, Cardiff Council, County Hall, tel: 029 2087 2213. Comments: It is noted that both of the above applications involve the conversion of traditional 3 bed mid-terrace dwelling houses to 8 bed HMOs. The Access , Circulation and Parking Standards SPG identifies a car parking requirement of zero to one space per HMO unit and cycle parking requirement of 0.25% per bedroom. The proposed development is therefore considered to be car parking policy compliant with no off street parking provision and subject to the provision of the cycle parking identified in the requested condition. It is noted that there are objections on file relating to the lack of car parking and the impact this will have on-street. However as noted the proposals are considered to be parking policy compliant (subject to the cycle parking con) and I must also take into account that the site is within easy walking reach of shops and services in the adjacent Crwys Road District Centre; bus and train public transport services on Crwys Road, Cathays terrace and Cathays rail station; the Taff Trail and other cycle infrastructure; and Cardiff City Centre. The site therefore regarded to be in an extremely sustainable location (in terms of transport) and given its nature, a HMO, is likely to attract students and service sector wage earners who economically or consciously choose not to own a car. It should also be noted that there have been a number of recent appeals against Planning Applications that were refused on the basis of insufficient car parking, where the appeal was upheld, permission granted by the Inspector and costs awarded against the Council.

54

I must therefore conclude that an objection to either application on parking grounds would be unsustainable and that any reason for refusal on this basis would not withstand challenge. 6. 6.1 7. 7.1 EXTERNAL CONSULTEE RESPONSES Nil. REPRESENTATIONS Adjacent occupiers have been consulted and no comments have been received. Local Members have been consulted and Councillor C Weaver (on behalf of himself, Cllr. S. Merry and Cllr. S Knight) makes the following comments in objection to the proposals: We are writing to object to the proposed development at 33 Minny Street. There are numerous grounds for our objections, which we set out here, and hope that officers and Planning Committee will outright reject this proposal. The main reasons for objections are to do with the negative impact on the amenity of immediate neighbours and other residents in the street: 1. Waste Creating an 8-bed shared property will contribute to the ongoing problems with waste in this street. Minny Street still has black bag collections too often these are opened by seagulls or other means, causing mess in the street which is expensive to clear up and can pose health risks. It is clear from experience elsewhere in Cathays that houses where 8 people share cannot put all food waste in the bins provided, and so food waste will end up in black bags, making it more likely that rats or seagulls will open the bags. The volume of waste from 8 people is significantly higher than that of 4 or 5, and will contribute to already serious problems of waste in this street. There is also no evidence on these plans of an area set aside for waste storage in this property (though should that be provided, it will reduce even further the garden space available). 8 adults will produce large volumes of black bag, recycling and food waste and these plans do not demonstrate this can be provided adequately. 2. Parking & Cycling Facilities There is already a problem with a lack of parking spaces on the street, due in part to the high density of population relative to the number of houses, and it is unsustainable to contribute further to this. We also see no plans for secure cycle storage, and with the proposal to have 8 residents, all of whom may cycle, we feel this is inadequate and will provide poor security for any bikes that are brought by tenants, and therefore a crime risk. However, we are also not convinced there

7.2

55

would be room for adequate waste storage & cycle storage in the back garden of this property whilst still leaving sufficient garden space for the tenants. 3. Noise The majority of properties on Minny Street appear to be divided by single-brick walls, providing limited noise insulation, even from relatively low level noise such as television, quiet music or walking up and down stairs. Certainly residents have reported that it is common to hear low level noise from neighbours. To put 8 adults in one of these properties, with bedrooms over 3 floors, runs the risk of significantly disrupting neighbours on either side of the property. 4. Extreme density of population in this street Minny Street already has a very heavy density of HMO housing. We looked at the electoral register to identify properties with more than 3 people with different surnames sharing. In this street, 45 out of 76 properties with registered voters appear already to be HMOs this appears to be well over 50%, an extremely high percentage. The existing density of population already contributes to noise, waste and parking problems in the street adding to this by allowing this application would cause unacceptable harm to the amenity of neighbours and residents. The cumulative impact of this 8-bed HMO on an already densely populated street would be inappropriate and cause harm. 5. Overlooking neighbours The plans submitted are not clearly marked with proposed measurements for the extension (see below), but this appears to be a particularly large extension, the plans appearing to indicate more than 3m extensions on both the ground and 1st floor. This extension will create an unacceptable dominance over other properties that will be to the unfair detriment of neighbours. We would also like the following to be taken into consideration as part of our objection to this application: 6. Poor quality housing We feel this development creates a poor quality of housing for tenants. 8 adults, crammed into a property of this size, with bedrooms over three floors, and limited protection from noise both from within and outside the house is not good quality housing. We are opposed to the worsening of housing conditions for all residents in Cathays, and we believe this development offers a worse deal than a more moderatesized HMO or a family home.

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7.

Contrary to Councils intentions to seek powers to limit growth of HMOs in certain areas to prevent overdevelopment Cllr Ralph Cook, Executive Member for Strategic Planning, recently wrote to the Welsh Government asking for powers to be introduced in Wales that would give Councils such as Cardiff the power to control the number of HMO developments in a given area, due to the need for the Council to balance its housing provision in any area to create sustainable communities and preserve neighbourhood amenities. We believe this development runs counter to the intentions of the Council in seeking these powers, and by contributing to the already very high density of population in the street it would be inappropriate to grant permission.

8.

Inadequate detail on plans The plans submitted do not always have clearly labelled measurements on, and therefore are insufficiently detailed to grant permission for.

9.

Impact on flooding We have spoken to other residents on the street, who did not wish to be named, who have said that the street already experiences flooding during heavy rain. We believe this over-development in the back garden could worsen this problem and contribute to even greater flooding on the street in future.

Finally, we believe this proposal runs contrary to Cardiff Councils SPG Householder Design Guide and the 2003 UDP. Failure to demonstrate compliance with Householder Design Guide 10. The SPG Householder Design Guide of 2007 says on Page 14 that with regard to two-storey extensions, which this is are there is extension on the 1st floor, there should be a distance of 10.5 metres between the rear wall of the property and its rear building. We see no evidence from the plans that this is the case, and believe it is not. 11. The same Guide also says on Page 14 that As a general rule, two-storey extensions should not be positioned very close to the boundary adjacent to the garden of a neighbours property. This very large development, on both the ground and 1st floor, would be directly on the boundary, and therefore clearly this ought to be rejected. UDP: Contrary to 2.20 & 2.20.7 12. This development fails to comply on the grounds of density and scale, for the reasons outlined above. It also fails to protect the amenity of neighbouring developments, contrary to 2.20.7, as it is overbearing, and will contribute to waste, noise, and parking problems for neighbours.

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Contrary to 2.24 13. On the grounds of intensification and overlooking neighbouring properties, we believe this development would cause harm to the amenity of existing developments. Contrary to 2.57 14. As a terraced house with no front drive or yard, the development cannot add any parking space, but the increase in number of tenants runs a very high likelihood of adding to the number of cars in the street. Even though there is a limit of 2 residents permits per house, we know from existing problems in this street and neighbouring ones that many residents bring additional cars and park in unrestricted areas, which face considerable pressure already (not only from the number of residents cars, but also commuters who park there during the day). This development would make the parking situation worse. No adequate secure cycling storage is indicated on these plans either. Conclusion For all these reasons above we believe this application should be clearly rejected. The cumulative impact of a large HMO of this nature on the amenity of the street would cause unacceptable harm to the amenity of neighbours and tenants in the property. 7.3 Jenny Rathbone AM objects to the proposals on the following grounds: I wish to object to planning application 12/01441/DCI on the following grounds: The extension is overbearing and will have impact detrimentally on its neighbours. The side return will also be very close to the neighbouring property. I believe that the living standards for tenants should be high; in this case the resulting living accommodation appears cramped and overcrowded. These houses are small and were never intended to provide living space for eight adults. According to neighbours there is already a problem with water run off and the problem will be increased with the enlarged building and paving over of the garden. There is already a cumulative impact on the street of this kind of over intensive development in terms of parking problems, noise problems, waste problems, anti-social behaviour and the gradual erosion of community. I have particular concerns as the house fronts straight on to the street with no possibility of wheelie bin provision. Without the wheelie bins waste for 8 people can be properly stored particularly the black bag waste. This is compounded as food recycling is at far lower levels amongst residents of HMOs which leads to large amounts of food waste being stored for up to two weeks.

58

As you are aware due to the number of HMOs in Cathays there is already a massive problem with waste (with the Council having to pick up the bill). It is unacceptable to continue to add to the problem by converting houses like this into HMOs for 8 when there is no way of ensuring proper storage or disposal of household waste with all the impact on the local area. In addition to the plans showing no provision for waste storage there is no provision of bicycle parking; in my view the parking problems in the area are such that there should be bicycle parking provision for each of the rooms.

8. 8.1

ANALYSIS A full application for the construction of ground and first floor extensions with a rear dormer roof extension and conversion of the property into a house in multiple occupation (HMO) with 8 bedrooms. In terms of the extensions proposed and accommodation to be provided, the ground floor extension is set at the rear of the existing 2 storey annexe and incorporates an existing small lean-to structure. The adjacent dwellings at no. 31 and 35 Minny Street already benefit from ground floor extensions of similar dimensions and design approved as permitted development (PD07/42/C) and planning permission (07/753C) respectively. Whilst it is noted that there are windows to the side elevation facing the side elevation to no. 35, this replicates the original position to the existing annexes and it is considered that there is no significant harm caused by this new relationship. The presence of the large extension to no. 31 mitigates any impact on their amenity/privacy. The proposed first floor extension projects approx. 3.0m from the existing rear elevation. Whilst it is set on the boundary to no. 31, as noted above, this property benefits from a substantial ground floor extension. This extension would mitigate any impact on the amenities of the occupiers of no. 31. It is also noted that the rear elevations of these existing annexes do not benefit from any windows. The proposed ground floor extension does not reduce the available external amenity space below the minimum requirement of 25sqm, retaining approx. 42sqm. The proposed dormer roof extension is in accordance with the Councils adopted Supplementary Planning Guidance Householder Design Guide in that it is set well within the roofslope. The windows to the dormer would not offer any views into the gardens of no. 31 or 35 that would result in any significant loss of privacy. The individual rooms created offer a reasonable standard of private space for residents. The communal facilities offer a reasonable provision for shared main living space and bathrooms.

8.2

59

8.3

With regard to the proposed change of use to a house in multiple occupation for 8 people, this conversion is assessed having regard for the existing concentration of such multiple occupancy in the vicinity of the site, and having regard for the provisions of policy 2.22 of the Cardiff Unitary Development Plan Deposit Written Statement 2003 and Planning Policy Wales (ed. 4 2011). Whilst the production of the UDP has been halted in favour of a Local Development Plan, it has been established that the Deposit UDP policies are a material consideration in the determination of planning applications.

8.4

Policy 2.22 of the deposit UDP advises that the subdivision of dwellings will be considered with regard to: a). b). The resulting residential accommodation and amenity will be satisfactory; and The cumulative impact of such conversions will not adversely affect the amenity of the area.

Policy 2.24 of the Deposit UDP advises that development that causes harm to residential amenity will not be permitted. 8.5 Paragraph 4.1.5 of Planning Policy Wales (ed.4 2011) advises that there are five principles which will help deliver sustainable development, including: ensuring a strong, healthy and just society: our focus on how a sustainable approach will improve the quality of life and well-being of the people of Wales.. Paragraph 9.1.2 advises that Local Planning Authorities should promote sustainable residential environments 8.6 Whilst the resulting accommodation (in its own right) is considered acceptable, the Council consider the addition of a further 8 person multiple occupancy unit in this area will place unacceptable strain on the infrastructure of the area, to the detriment of local amenity. The Councils Private Sector Housing team have provided details of licensed HMO premises (not necessarily HMOs in planning terms) in this street and surrounding streets.: i. ii. iii. iv. v. vi. Minny Street 39 of 89 dwellings; Letty Street 16 of 53 dwellings; Flora Street 39 of 77 dwellings; May Street 40 of 95 dwellings; Dalton Street 7 of 32 dwellings; Gladys Street 2 of 10 dwellings.

8.7

The above figures produce a total of 143 HMO properties out of 356 dwellings, with nearly 50% of dwellings in Minny Street in HMO use.

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8.8

The proliferation of multi occupancy uses in this area is such that it is likely to be placing undue stress on local amenity by virtue of excessive refuse placed on the street for collection a deterioration of the sense of community and sustainable social cohesion due to the transient nature of multiple occupancy. With regard to the objections raised by Members, the following comments are made: 1. Waste It is acknowledged that no details of refuse storage are submitted. However, it should be noted that the rear amenity area is sufficiently large to accommodate any storage facilities that would be required. However, the concerns relating to the presentation of excessive amounts of waste for collection form part of the reasons for recommending refusal of consent; 2. Parking & Cycling Facilities It is acknowledged that no details of cycle parking are submitted. However, it should be noted that the rear amenity area is sufficiently large to accommodate any storage facilities that would be required. Concerns in respect of increased kerbside parking demand form part of the reasons for recommending refusal of consent; 3. Noise The potential for noise disturbance is a material consideration. However, it is possible that instances of internal noise between properties could be mitigated by the use of an appropriate soundproofing scheme. In addition, the Councils Pollution Control (Noise & Air) have greater powers to deal with any statutory noise nuisance. In this case, there would be insufficient grounds to refuse consent in terms of noise disturbance. 4. Extreme density of Population: This issue has been addressed in para. 8.6 above; 5. Overlooking The design and impact of the proposed extensions have been addressed above; 6. Poor Quality Housing The proposed accommodation is of a standard that is acceptable. It should be noted that this is shared accommodation, not self contained flats or bedsits. The individual rooms created would provide private space for residents, with the communal kitchen, lounge and bathroom

8.9

61

facilities being of a reasonable scale; 7. Contrary to Intention to Limit Growth of HMOs Whilst this aspiration is noted, there is no current planning policy guidance to enforce such a standpoint. However, notwithstanding this, each planning application is considered on its merits, having regard for adopted planning policy guidance. In this case, it is considered that the proposed HMO use results in an unacceptable impact on local amenity; 8. Inadequate Detail on Plans Plans submitted with planning applications must either be accurately dimensioned or drawn to an indicated scale. In this case, the plans are drawn to an indicated scale of either 1:100 or 1:50. The plans are of a sufficient quality to allow the Council to make a fair and reasonable assessment of the proposed development; 9. Impact on Flooding There is no evidence that the proposed development would result in any greater flood risk than exists at present. The application site is not identified as being an area at risk of flooding by the Development Advice Map (DAM) referred to under Technical Advice Note15 Development and Flood Risk. In this case there would be insufficient grounds to sustain refusal of consent. 10. Failure to Comply with Householder Design Guide The distance from the proposed first floor end elevation window to the boundary of the application site with the dwellings fronting Flora Street is approx. 16.6m. 11. As stated above, it is noted that the extensions are along the boundary to no. 31. However, the existence of the substantial ground floor extension to no. 31 effectively mitigates any adverse impact that these extensions may have had is the extension wasnt there; Contrary to (UDP policy) 2.20 (Good Design) 12. The design of the extensions has been addressed above; Contrary to 2.24 (Residential Amenity) 13. The issue of residential amenity is addressed above; Contrary to 2.57 (Access, Circulation and Parking)

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14.

The proposals have been considered by the Transportation Manager, who has advised that there are no sustainable grounds for refusal of consent in terms of parking or highway safety.

8.10

With regard to the objections raised by Jenny Rathbone AM the following comments are made: The design and impact of the proposed extensions have been addressed above; The proposed accommodation is considered acceptable, with each resident having private space and reasonable communal living/cooking/ bathroom provision; The issue of flooding has been addressed above. There is no mention of paving the rear garden area in this application. Notwithstanding this, the paving of the garden would not require planning permission (subject to no significant change in ground levels); The issue of over intensification is addressed above. There is no evidence that any future occupiers of this site would contribute to any existing instances of anti-social behaviour; The issue of refuse presentation is addressed above; The issue of cycle parking provision is addressed above.

8.11

In light of the above, and having due regard for adopted planning policy guidance, it is recommended that planning permission be refused.

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AM/ LOCAL MEMBER OBJECTION

COMMITTEE DATE: 07/11/2012 APPLICATION DATE: 13/09/2012

APPLICATION No. 12/1442/DCI ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: CATHAYS

Full Planning Permission

Mr Morgan 55 FLORA STREET, CATHAYS, CARDIFF, CF24 4EQ GROUND AND FIRST FLOOR EXTENSION, REAR DORMER AND CHNAGE OF USE TO 8 BED HOUSE IN MULTIPLE OCCUPATION ___________________________________________________________________ RECOMMENDATION: following reason: 1. That planning permission be REFUSED for the

The proposed use of the property as an 8 bedroom house in multiple occupation would exacerbate the existing concentration of houses in shared use within the street and the surrounding area which would undermine the objectives of securing a sustainable mixed tenure community and would have an unacceptable adverse cumulative impact on the amenities and character of the surrounding area and the residential amenity of neighbouring occupiers contrary to the provisions of policy 2.22 and 2.24 of the Cardiff Unitary Development Plan Deposit Written Statement 2003 and paragraphs 4.1.5 and 9.1.2 of Planning Policy Wales (Edition 4) 2011.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT A full application for the construction of ground and first floor extensions with a rear dormer roof extension and conversion of the property into a house in multiple occupation (HMO) with 8 bedrooms. The existing ground floor extension is to be enlarged in width to the elevation facing no. 57 Flora St by approx. 0.6m for its full length of approx. 10.5m. The existing first floor annexe is to be enlarged in width by the same amount (0.6m) and in depth by approx. 0.5m, with a new window to the end elevation. Amended plans show a small step-off the boundary to no. 53 to avoid oversailing the boundary. The proposed dormer measures approx. 3.9m wide x 2.0m high (max.) x 3.0m deep (max.), has a single central window and is to be finished in hanging tiles.

1.2

1.3

1.4

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2. 2.1

DESCRIPTION OF SITE The application site is a mid terraced property, having a typical terraced dwelling built form with a main front element and a secondary rear single and double storey annexe. The rear garden area is relatively deep, with approx. 9.2m separating the existing single storey annexe from the rear boundary (approx. 15m to the proposed first floor extension). The property is licensed as a House in Multiple Occupation for 5 residents by the Councils Private Sector Housing team. SITE HISTORY 09/95C Ground and first floor rear extensions and rear dormer roof extension Approved. POLICY FRAMEWORK Planning Policy Wales (Edition 4) 2011 Relevant City of Cardiff Local Plan policies: 11: Design & Aesthetic Quality 17: Parking & Servicing Facilities 28: Residential Sub-Division

2.2

3. 3.1

4. 4.1 4.2

4.3

Relevant Deposit Unitary Development Plan (October 2003) policies: 2.20: Design 2.22: Residential Sub-Division 2.24: Residential Amenity 2.57: Access, Circulation and Parking Requirements 2.74: Provision for Waste Management Facilities in Development

4.4

Relevant Supplementary Planning Guidance: Waste Collection and Storage Facilities (March 2007) Access, circulation and parking requirements (January, 2010)

5. 5.1

INTERNAL CONSULTEE RESPONSES The Waste Manager comments that no reference is made to the storage and collection of waste and recycling, indicating that waste must not be stored on the highway. It is advised that 3x240Litre general waste bins; 2x240Litre recycling bins and 2x25Litre food caddies would be required for this development. The Operational Manager Private Sector Housing has been consulted and any comments will be reported to Committee.

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5.3

The Transportation Manager has no objection to the proposal, subject to the imposition of a cycle parking condition. In arriving at this conclusion, the following comments are made: I refer to the above applications and would confirm that the submissions have been assessed and are considered to be acceptable in principle, subject the to the following comments and conditions: Condition: C3S Cycle Parking. A minimum of two under cover and secure cycle parking spaces are required to comply with the adopted Access, Circulation and Parking Standards SPG. Second recommendation: Welcome Pack The applicant is requested to provide future residents with a welcome pack upon their arrival, detailing public transport services in the area, to help promote sustainable transport. Leaflets and advice in connection with production of the packs are available from Miriam Highgate, Cardiff Council, County Hall, tel: 029 2087 2213. Comments: It is noted that both of the above applications involve the conversion of traditional 3 bed mid-terrace dwelling houses to 8 bed HMOs. The Access , Circulation and Parking Standards SPG identifies a car parking requirement of zero to one space per HMO unit and cycle parking requirement of 0.25% per bedroom. The proposed development is therefore considered to be car parking policy compliant with no off street parking provision and subject to the provision of the cycle parking identified in the requested condition. It is noted that there are objections on file relating to the lack of car parking and the impact this will have on-street. However as noted the proposals are considered to be parking policy compliant (subject to the cycle parking con) and I must also take into account that the site is within easy walking reach of shops and services in the adjacent Crwys Road District Centre; bus and train public transport services on Crwys Road, Cathays terrace and Cathays rail station; the Taff Trail and other cycle infrastructure; and Cardiff City Centre. The site therefore regarded to be in an extremely sustainable location (in terms of transport) and given its nature, a HMO, is likely to attract students and service sector wage earners who economically or consciously choose not to own a car. It should also be noted that there have been a number of recent appeals against Planning Applications that were refused on the basis of insufficient car parking, where the appeal was upheld, permission granted by the Inspector and costs awarded against the Council.

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I must therefore conclude that an objection to either application on parking grounds would be unsustainable and that any reason for refusal on this basis would not withstand challenge. 6. 6.1 7. 7.1 EXTERNAL CONSULTEE RESPONSES Nil. REPRESENTATIONS Adjacent occupiers have been consulted and the occupier of no. 84 Flora Street objects to the proposals on grounds that Flora Street is already overrun with multi occupancy houses, causing parking problems, noise disturbance and waste collection problems. Local Members have been consulted and Councillor C Weaver (on behalf of himself, Cllr. S. Merry and Cllr. S Knight) makes the following comments in objection to the proposals: We are writing to object to the proposed development at 55 Flora Street. There are numerous grounds for our objections, which we set out here, and hope that officers and Planning Committee will outright reject this proposal. The main reasons for objections are to do with the negative impact on the amenity of immediate neighbours and other residents in the street: 1. Waste Creating an 8-bed shared property will contribute to the ongoing problems with waste in this street. Flora Street still has black bag collections too often these are opened by seagulls or other means, causing mess in the street which is expensive to clear up and can pose health risks. It is clear from experience elsewhere in Cathays that houses where 8 people share cannot put all food waste in the bins provided, and so food waste will end up in black bags, making it more likely that rats or seagulls will open the bags. The volume of waste from 8 people is significantly higher than that of 4 or 5, and will contribute to already serious problems of waste in this street. There is also no evidence on these plans of an area set aside for waste storage in this property (though should that be provided, it will reduce even further the garden space available). 8 adults will produce large volumes of black bag, recycling and food waste and these plans do not demonstrate this can be provided adequately. 2. Parking & Cycling Facilities There is already a problem with a lack of parking spaces on the street, due in part to the high density of population relative to the number of houses, and it is unsustainable to contribute further to this. We also

7.2

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see no plans for secure cycle storage, and with the proposal to have 8 residents, all of whom may cycle, we feel this is inadequate and will risk poor security for any bikes that are brought by tenants and therefore a crime risk. However, we also are not convinced there would be room for adequate waste storage & cycle storage for 8 residents in the back garden of this property whilst still leaving sufficient garden space for the tenants. 3. Noise The majority of properties on Flora Street appear to be divided by single-brick walls, providing limited noise insulation, even from relatively low level noise such as television, quiet music or walking up and down stairs. Residents in this street have reported that it is common to hear low level noise from neighbours through the walls. To put 8 adults in one of these properties, with bedrooms over 3 floors, runs the risk of significantly disrupting neighbours on either side of the property. 4. Extreme density of population in this street Flora Street already has a very heavy density of HMO housing. We looked at the electoral register to identify properties with more than 3 people with different surnames sharing. In this street, 39 out of 70 properties with registered voters appear already to be HMOs this would be over 50%, an extremely high percentage. The existing density of population already contributes to noise, waste and parking problems in the street adding to this by allowing this application would cause unacceptable harm to the amenity of neighbours and residents. The cumulative impact of this 8-bed HMO on an already densely populated street would be inappropriate and cause harm. 5. Overlooking neighbours The plans submitted are not clearly marked with proposed measurements for the extension (see below), but we understand that 1st floor will be extended both in depth (0.5m) and width (0.6m). The property already extends further than its neighbours, and this extension will create an unacceptable dominance over other properties that will be to the unfair detriment of neighbours. We would also like the following to be taken into consideration as part of our objection to this application: 6. Poor quality housing We feel this development creates a poor quality of housing for tenants. 8 adults crammed into a property of this size, with bedrooms over three floors, and limited protection from noise both from within and

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outside the house, we believe this development represents a worsening of conditions for tenants than the existing, more moderately sized HMO. We are opposed to the worsening of housing conditions for HMO tenants in Cathays, and we believe this development offers a worse deal than a more moderate-sized HMO. 7. Contrary to Councils intentions to seek powers to limit growth of HMOs in certain areas to prevent overdevelopment Cllr Ralph Cook, Executive Member for Strategic Planning, recently wrote to the Welsh Government asking for powers to be introduced in Wales that would give Councils such as Cardiff the power to control the number of HMO developments in a given area, due to the need for the Council to balance its housing provision in any area to create sustainable communities and preserve neighbourhood amenities. We believe this development runs counter to the intentions of the Council in seeking these powers, and by contributing to the already very high density of population in the street it would be inappropriate to grant permission. 8. Inadequate detail on plans The plans submitted do not always have clearly labelled measurements on, and therefore are insufficiently detailed to grant permission for. Finally, we believe this proposal runs contrary to Cardiff Councils SPG Householder Design Guide and the 2003 UDP. 9. Failure to demonstrate compliance with Householder Design Guide: The SPG Householder Design Guide of 2007 says on Page 14 that with regard to two-storey extensions, which this is are there is extension on the 1st floor, there should be a distance of 10.5 metres between the rear wall of the property and its rear building. We see no evidence from the plans that this is the case, and believe it is not. 10. The same Guide also says on Page 14 that As a general rule, twostorey extensions should not be positioned very close to the boundary adjacent to the garden of a neighbours property. This development, on both the ground and 1st floor, would be directly on the boundary adjacent to 53 Flora Street, and therefore clearly this ought to be rejected.

UDP: Contrary to 2.20 & 2.20.7 11. This development fails to comply on the grounds of density and scale, for the reasons outlined above. It also fails to protect the amenity of

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neighbouring developments, contrary to 2.20.7, as it is overbearing, and will contribute to waste, noise, and parking problems for neighbours. Contrary to 2.24 12. On the grounds of intensification and overlooking neighbouring properties, we believe this development would cause harm to the amenity of existing developments. Contrary to 2.57 13. As a terraced house with no front drive or yard, the development cannot add any parking space, but the increase in number of tenants runs a very high likelihood of adding to the number of cars in the street. Even though there is a limit of 2 residents permits per house, we know from existing problems in this street and neighbouring ones that many residents bring additional cars and park in unrestricted areas, which face considerable pressure already (not only from the number of residents cars, but also commuters who park there during the day). This development would make the parking situation worse. Conclusion For all these reasons above we believe this application should be clearly rejected. The cumulative impact of a large HMO of this nature on the amenity of the street would cause unacceptable harm to the amenity of neighbours and tenants in the property. 7.3 Jenny Rathbone AM objects to the proposals on the following grounds: The building has already been extended to the detriment of neighbouring properties. Any further increase in the extension will only compound the difficulties. I believe that the living standards for tenants should be high; in this case the resulting living accommodation appears cramped and overcrowded. These houses are small and were never intended to provide living space for eight adults. There is already a cumulative impact on the street of this kind of over intensive development in terms of parking problems, noise problems, waste problems, anti-social behaviour and the gradual erosion of community. I have particular concerns as the house fronts straight on to the street with no possibility of wheelie bin provision. Without the wheelie bins waste for 8 people cannot be properly stored particularly the black bag waste. This is compounded as food recycling is at far lower levels amongst residents of HMOs which leads to large amounts of food waste being stored for up to two weeks. As you are aware due to the number of HMOs in Cathays there is already a massive problem with waste (with the Council having to pick up the bill). It is unacceptable to continue to add to the problem by converting houses like this into HMOs for 8 when there is no way of

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ensuring proper storage or disposal of household waste with all the impact on the local area. There is also no provision of cycle parking shown on the plans I believe it would be good practice to have provision for bicycle parking for each of the rooms and that this should be allowed for when calculating the available amenity space.

8. 8.1

ANALYSIS A full application for the construction of ground and first floor extensions with a rear dormer roof extension and conversion of the property into a house in multiple occupation (HMO) with 8 bedrooms. Whilst it is noted that the application property is currently licensed as a HMO for up to 5 residents, the planning system permits up to 6 persons to occupy a dwelling without there being a material change of use from a single dwelling.

8.2

In terms of the extensions proposed and accommodation to be provided, it is important to note that all of the currently proposed enlargements have already obtained planning permission under application 09/95C. Notwithstanding this, the degree of enlargement to the ground and first floor extensions, at approx. 0.6m width and 0.5m in depth (first floor only) is considered to be minimal. The adjacent dwelling at no. 57 presents a blank elevation to the shared boundary with no. 55. In this case, the proposed extensions have no impact on their privacy or amenity. Whilst there are windows to the rear/side elevation of the dwelling at no. 53, the minor additional depth of the first floor extension (and having regard for the amended plan which indicates a small step-in off the shared boundary) does not result in any significant harm being caused to the residential amenity of the occupiers of no. 53. The proposed ground floor extension does not reduce the available external amenity space below the minimum requirement of 25sqm, retaining approx. 39sqm (not including an existing garden shelter structure). The proposed dormer roof extension is in accordance with the Councils adopted Supplementary Planning Guidance Householder Design Guide in that it is set well within the roofslope. The windows to the dormer would not offer any views into the gardens of no. 53 or 57 that would result in any significant loss of privacy. The individual rooms created offer a reasonable standard of private space for residents. The communal facilities offer a reasonable provision for shared main living space and bathrooms.

8.3

With regard to the proposed change of use to a house in multiple occupation for 8 people, this conversion is assessed having regard for the existing concentration of such multiple occupancy in the vicinity of the site, and having

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regard for the provisions of policy 2.22 of the Cardiff Unitary Development Plan Deposit Written Statement 2003 and Planning Policy Wales (ed. 4 2011). Whilst the production of the UDP has been halted in favour of a Local Development Plan, it has been established that the Deposit UDP policies are a material consideration in the determination of planning applications. 8.4 Policy 2.22 of the deposit UDP advises that the subdivision of dwellings will be considered with regard to: a). b). The resulting residential accommodation and amenity will be satisfactory; and The cumulative impact of such conversions will not adversely affect the amenity of the area.

Policy 2.24 of the Deposit UDP advises that development that causes harm to residential amenity will not be permitted. 8.5 Paragraph 4.1.5 of Planning Policy Wales (ed.4 2011) advises that there are five principles which will help deliver sustainable development, including: ensuring a strong, healthy and just society: our focus on how a sustainable approach will improve the quality of life and well-being of the people of Wales.. Paragraph 9.1.2 advises that Local Planning Authorities should promote sustainable residential environments 8.6 Whilst the resulting accommodation (in its own right) is considered acceptable, the Council consider the addition of a further 8 person multiple occupancy unit in this area will place unacceptable strain on the infrastructure of the area, to the detriment of local amenity. The Councils Private Sector Housing team have provided details of licensed HMO premises (not necessarily HMOs in planning terms) in this street and surrounding streets.: i. ii. iii. iv. v. vi. Flora Street 39 of 77 dwellings; Letty Street 16 of 53 dwellings; Minny Street 39 of 89 dwellings; May Street 40 of 95 dwellings; Dalton Street 7 of 32 dwellings; Gladys Street 2 of 10 dwellings.

8.7

The above figures produce a total of 143 HMO properties out of 356 dwellings, with over 50% of dwellings in Flora Street in HMO use. 8.8 The proliferation of multi occupancy uses in this area is such that it is likely to be placing undue stress on local amenity by virtue of excessive refuse placed

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on the street for collection a deterioration of the sense of community and sustainable social cohesion due to the transient nature of multiple occupancy. 8.9 With regard to the objections raised by Members, the following comments are made: 1. Waste It is acknowledged that no details of refuse storage are submitted. However, it should be noted that the rear amenity area is sufficiently large to accommodate any storage facilities that would be required. However, the concerns relating to the presentation of excessive amounts of waste for collection form part of the reasons for recommending refusal of consent; 2. Parking & Cycling Facilities It is acknowledged that no details of cycle parking are submitted. However, it should be noted that the rear amenity area is sufficiently large to accommodate any storage facilities that would be required. Concerns in respect of increased kerbside parking demand form part of the reasons for recommending refusal of consent; 3. Noise The potential for noise disturbance is a material consideration. However, it is possible that instances of internal noise between properties could be mitigated by the use of an appropriate soundproofing scheme. In addition, the Councils Pollution Control (Noise & Air) have greater powers to deal with any statutory noise nuisance. In this case, there would be insufficient grounds to refuse consent in terms of noise disturbance; 4. Extreme density of Population This issue has been addressed in para. 8.6 above; 5. Overlooking The design and impact of the proposed extensions have been addressed above; 6. Poor Quality Housing The proposed accommodation is of a standard that is acceptable. It should be noted that this is shared accommodation, not self contained flats or bedsits. The individual rooms created would provide private space for residents, with the communal kitchen, lounge and bathroom facilities being of a reasonable scale;

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7.

Contrary to Intention to Limit Growth of HMOs Whilst this aspiration is noted, there is no current planning policy guidance to enforce such a standpoint. However, notwithstanding this, each planning application is considered on its merits, having regard for adopted planning policy guidance. In this case, it is considered that the proposed HMO use results in an unacceptable impact on local amenity;

8.

Inadequate Detail on Plans Plans submitted with planning applications must either be accurately dimensioned or drawn to an indicated scale. In this case, the plans are drawn to an indicated scale of either 1:100 or 1:50. The plans are of a sufficient quality to allow the Council to make a fair and reasonable assessment of the proposed development;

9.

Failure to Comply with Householder Design Guide The distance from the proposed first floor end elevation window to the boundary of the application site with the dwellings fronting Letty Street is approx. 14.5m.

10.

That part of the first floor extension that is adjacent to the boundary is of such a small scale that it could not reasonably be held that harm is caused to the occupiers of no. 53. In addition, the submitted amended plan includes a step-in off the boundary to no. 53. No part of the ground floor extension is adjacent to any boundary of the site; Contrary to (UDP policy) 2.20 (Good Design)

11.

The design of the extensions has been addressed above. It is also to be noted that consent for the extensions already exists and they can be built as of right immediately; Contrary to 2.24 (Residential Amenity)

12.

The issue of residential amenity is addressed above; Contrary to 2.57 (Access, Circulation and Parking)

13.

The proposals have been considered by the Transportation Manager, who has advised that there are no sustainable grounds for refusal of consent in terms of parking or highway safety.

8.10

With regard to the objections raised by Jenny Rathbone AM the following comments are made: The design and impact of the proposed extensions have been addressed above. The extensions already benefit from consent;

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 8.11

The proposed accommodation is considered acceptable, with each resident having private space and reasonable communal living/cooking/ bathroom provision; The issue of over intensification is addressed above. There is no evidence that any future occupiers of this site would contribute to any existing instances of anti-social behaviour; The issue of refuse presentation is addressed above; The issue of cycle parking provision is addressed above.

With regard to the objection raised by the occupier of 84 Flora Street, matters relating to parking, noise and refuse have been addressed above. In light of the above, and having due regard for adopted planning policy guidance, it is recommended that planning permission be refused.

8.12

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78

79

PETITION
COMMITTEE DATE: 07/11/2012 APPLICATION DATE: 03/09/2012

APPLICATION No. 12/1516/DCI ED: APP: TYPE: APPLICANT: LOCATION: CATHAYS

Full Planning Permission

The Nottinghamshire County Council WINDSOR HOUSE, WINDSOR LANE, CITY CENTRE, CARDIFF, CF10 3DE PROPOSAL: CHANGE OF USE FROM OFFICE (CLASS B1) TO STUDENT ACCOMODATION (SUI GENERIS) COMPRISING 22 NO CLUSTER FLATS (177 NO BEDS) ANCILLARY FACILITIES TO INCLUDE RETAINED CARETAKER'S ACCOMODATION NEW GYM LAUNDRY ROOM COMMON ROOM OFFICE RECEPTION CYCLE STORAGE REFUSE/RECYCLING STORAGE LANDSCAPING AND SERVICING AREA WITHIN THE COURTYARD AND ASSOCIATED EXTERNAL ALTERATIONS ___________________________________________________________________ RECOMMENDATION: following reasons: 1. That planning permission be REFUSED for the

The proposed change of use of Windsor House, a significant B1 office use, to a student housing single use will result in the loss of active office space in the City Centre Principal Business Area, contrary to policy 36 of the Local Plan, the Northern Professional Office Area SPG (May 2000) and the Safeguarding Land for Business and Industry SPG (June 2006). The nature, scale and location of the proposed development when considered together with other non-business uses in the area will give rise to a cumulative adverse impact on the established office character of the Northern Professional Office Area, and on its ability to function effectively as a location for professional offices, contrary to the Northern Professional Office Area SPG.

2.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT The detailed application is for the change of use of Windsor House, a 1970s office block, to student accommodation (177 beds in 22 cluster flats). A reception, management office, common room, laundry room and gym are provided to the ground floor. Refuse and cycle storage is provided to the ground floor with access internally and from the courtyard to the rear. The caretakers flat and plant room on the sixth storey will be retained as existing.

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1.2

The site comprises a total of 40,000 sq.ft. (net) office accommodation arranged over two interconnected blocks fronting onto Windsor Lane with an entrance from the lane under the second floor of the building to courtyard parking to the rear (24 spaces). The blocks are 5 storeys (plus plant room) and four storeys high. Some limited external alterations are proposed to introduce new doors at ground floor level, replacement of some doors with windows at ground floor, replacement windows throughout, and the introduction of landscaping and a servicing area to the courtyard parking area. The offices are currently 90% occupied. The following additional information is submitted: Design and Access Statement Transport statement Planning Statement

1.3

1.4 1.5

2. 2.1

DESCRIPTION OF SITE The application site is located at the corner of Windsor Lane and Windsor Place, with a frontage on to Dumfries Place, and sandwiched between Windsor Place Conservation Area to the north and Queen Street Conservation Area to the south. Immediately to the south of the site is a service access lane accessed from Dumfries Place which serves the rear of the Queen Street properties. Surrounding land uses include retail on Queen Street to the south and offices and a PH adjacent to the site on Windsor Place. Windsor Place to the north is predominantly small scale office use on ground and upper floors with some A2 and A3 uses at ground floor. Summit House on the other side of Windsor Place has consent for change of use from offices to student housing (83 beds) and construction works are nearing completion. The site is prominently located at the foot of Windsor Place in the heart of the city centre and is in a highly sustainable location with bus services and railway stations within easy walking distance. It is within the City Centre Principal Business Area and on the edge of the City Centre Principal Shopping Area. It is also within the Northern Professional Office Area which covers the northern section of the City Centre Principal Business Area. The area is characterised by small scale professional office users and most of it falls within two designated conservation areas namely Cathays Park and Windsor Place, although in this case the site is not located in a conservation area. The Northern Professional Office area SPG was approved in 2000 with the objective to ensure that the mix of uses in the area, and its distinctive

2.2

2.3

2.4

2.5

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character, enable it to function effectively as a location for professional offices, and to contribute fully to the attractiveness of the city centre. 3. PLANNING HISTORY 12/1279/DCI PP granted August 2012 for COU of part of first floor from B1 to D1 (therapy clinic) 11/874/DCI PP granted July 2011 for COU of part of fourth floor from B1 to D1 (educational purposes) 06/2639/DCI PP granted Nov 06 for retention of COU from B1 to A1 (hair & beauty salon) 05/1862/C PP granted Sept 2005 for COU of part of ground floor from B1 to A1 (Barbers) 01/24/C PP granted in May 2001 for COU of part of ground floor from B1 to A3 (restaurant and bar)

Related planning history 12/1133/DCI Resolution to grant PP subject to legal agreement in September 2012 for COU of B1 offices at Shand House to student accommodation (198 beds) and A1/A3 ground floor uses 12/165/DCI Resolution to grant PP subject to legal agreement in June 2012 for student accommodation block (84 beds) in St. Andrews Lane on site of former car park 11/1043/DCI PP granted in Nov 2011 for COU of B1 office space at Summit House, Windsor Place to student accommodation (83 beds)

4.

POLICY FRAMEWORK Relevant National Planning Policy and Guidance Planning Policy Wales (Edition 4 February 2011)

Relevant local planning policy and guidance 4.1 4.2 South Glamorgan (Cardiff Area) Replacement Structure Plan (April 1997) Adopted Local Plan 4.3 Policy 35 City Centre Principal Business Area Policy 36 Alternative use of business, industrial and warehousing land

Deposit Unitary Development Plan Policy 2.55 Public realm improvements

4.4

Supplementary Planning Guidance City Centre Strategy (2007-2010)

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 5. 5.1

Safeguarding Land for Business and Industry (2006) Northern Professional Office Area Planning Brief (March 2000) Cardiff City Centre Public Realm Manual (2009) Open Space (2008) Community Facilities and Residential Development (2007)

INTERNAL CONSULTEE RESPONSES Transportation: The Councils Transportation Officer has no objection subject to standard Highway Works, Construction Management Plan and Combined Travel and Student Accommodation Traffic Management Plan conditions. Economic Development note that the supply of small office suites around Windsor Place and larger office floorplates at Windsor House provide an important entry point for start-up businesses in the professional sector and allows them to grow and move into larger commercial property. As such Windsor House is an important component of the office supply chain and its potential loss raises concerns in terms of the citys economic development. Parks Services: The Parks Officer notes that no public open space is being provided on site and requests a contribution of 93,775 towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality, in accordance with Policy 31 of the Local Plan and the SPG Open Space. Community Facilities: The Community Facilities Officer notes that under current policy the proposed development is subject to Policy 21 of the Local Plan (Land for Housing). In accordance with the SPG there is no requirement for a financial contribution towards the provision of additional community facilities off-site or the improvement of existing community facilities in the locality as community facilities are being provided on-site. Trees and landscaping: The Tree Preservation Officer notes that Council street trees fronting Dumfries Place and in the adopted highway fronting Windsor Lane could be harmed by construction works and a detailed landscaping scheme relating to works proposed for the courtyard. Drainage: No comments have been received. Pollution Control (Noise & Air): The Officer raises concerns over potential for disturbance from road traffic noise and noise from nearby licensed premises and requests standard road traffic, sound insulation and plant noise conditions, and a recommendation on construction site noise. There is also concern over air pollution from Dumfries Place traffic and an Air Quality Assessment is requested with a potential mitigation condition in the event that NO2 levels exceed National standards, and a financial contribution of 5,000 towards AQ monitoring over a five year period to be secured by S106 agreement.

5.2

5.3

5.4

5.5

5.6 5.7

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5.8

PC (Contaminated land): No objection subject to a contamination and unstable land advisory notice. Waste Management: The Sustainable Planning Officer requests an in-depth waste strategy for a development of this size and nature including details of how waste vehicles are going to access the site.

5.9

6. 6.1

EXTERNAL CONSULTEE RESPONSES Welsh Water: Welsh Water request the following conditions, if planning permission is granted: Foul water and surface water to be drained separately; no surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority; and land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Police Architectural Liaison: The Police Architectural Liaison Officer has not provided any comments. REPRESENTATIONS The proposals were advertised as a major application in the press and on site, and Local Members and neighbours were consulted. A petition signed by 58 employees of businesses located in Windsor House has been received objecting on the following grounds: Need for additional student housing in Cardiff is negligible Summit House next door is being converted to student flats and there are a number of existing and under construction purpose-built student housing schemes in the vicinity. Destabilisation of approx 20 companies located in Windsor House that are contributing to the local economy Benefit of granting PP would go to applicant and not to the Cardiff economy Cumulative impact of student housing on the Queen Street Commercial District may discourage future business investment.

6.2

7. 7.1

A total of seven objections have been received from Cardiff Civic Society, Civic Trust Wales, two businesses located in Windsor House, a neighbouring business (Buffalo Bar), and two Cardiff residents on the following grounds: Cardiff Civic Society objects on the following grounds: There is sufficient student housing in the city centre and an increase would change the nature of the commercial district and may have a negative impact on existing businesses as well as discouraging firms that might be considering relocating to the area Businesses will be forced to relocate and will result in an unnecessary and expensive upheaval in difficult economic times.

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The Civic Trust for Wales objects on the following grounds: Disruption of business for a significant number of existing tenants and loss of active office space in a highly sustainable location Cumulative impact on essential office character of this area of the City Centre at a time when it is more appropriate to protect existing office and retail use as a counterbalance to the shift of the centre of gravity of shopping towards SD2. Negative impact on character of the Windsor Place Conservation Area by encouraging non-business uses to serve the student market and by exacerbating the gradual shift away from small business use.

The two businesses located in Windsor House object on the same grounds as the petition (one of the businesses coordinated the petition). The neighbouring business (Buffalo Bar) objects on the following grounds: Contrary to Policy 36 of the LP as insufficient evidence has been submitted to justify the loss of office space. Contrary to the NPOA SPG as it results in the loss of office space and the marketing evidence is not considered adequate to prove that the use of Windsor House for offices is unviable. Impact of the proposed use on the amenities of the area, not least in respect of noise. Potential presence of bats. Amenity of the future occupiers is likely to be harmed by the presence of the neighbouring PH and Buffalo Bar. Potential for noise complaints against Buffalo Bar which could jeopardise its licensing conditions to the detriment of its important function in the NPOA.

One of the letters of objection from Cardiff residents is from the Chair of the Cardiff Civic Society objecting as a member of the public on the same grounds as the petition. The other objects on the following grounds: It would change the intrinsic nature of the town centre to its detriment, encouraging drinking and clubbing and driving away businesses. There are more than enough student premises in the area. It is an outside business venture and will not invigorate local businesses.

A letter has also been received from a Cardiff resident expressing concern over the cumulative impact of student housing on the two conservation areas and the wider area generally by making the area less attractive for office use/development. There is little justification for the removal of existing tenants to enable a change of use and granting PP would set a precedent for similar applications and the further erosion of the existing character of Windsor Place and surrounding area.

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8.

ANALYSIS Land Use

8.1

The application site is located within the City Centre Principal Shopping Area and Business Area, the Northern Professional Office Area, and the Cathays Park Area of the approved City Centre Strategy 2007-2010. The main land use planning policy issue relates to the loss of active office floorspace within the City Centre Principal Business Area and the Northern Professional Office Area, and the cumulative impact of the proposals and adjacent Summit House student housing and other non-business uses in the immediate area on the established office character of the NPOA. Whether the loss of land for B1 (Business) use is acceptable.

8.2

8.3

Policy 35 of the Local Plan favours office development within the City Centre Principal Business Area, whilst policies E3 of the Structure Plan and 36 of the Local Plan seek to protect existing business, industrial and warehousing land. Policy 36 seeks to preserve a range, choice and quality of sites available for business, industrial and warehousing development. The Councils approved SPG for Safeguarding Land for Business and Industry identifies that proposals for alternative uses will be considered against two main criteria: Whether there is demand for business, industrial or warehouse use on the application site Whether there is a need to retain the land for business, industrial or warehouse land

8.4

8.5

In addition, the Northern Professional Office Area SPG introduces criteria against which development proposals in this area will be assessed, including: That the proposal does not involve the loss of an existing office use Whether and for how long the premises have been vacant

8.6

Windsor House is currently occupied by a range of office tenants and as an existing active office use contributes to the role and character of the Northern Professional Office Area. Paragraph 4.12 of the Safeguarding Land for Business and Industry SPG state that if demand has been established on a site for business use, this is taken as evidence of a need to retain the site for such purposes. Economic Development have advised that Windsor House is an important component of the office supply chain and its potential loss raises concerns in terms of the citys economic development.

8.7

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8.8

In response to the above the agent has provided evidence demonstrating that there is a clear oversupply of range of office accommodation in the city centre and within 300m of site. In similar recent applications (Summit House and Shand House are relevant) the loss of office space was justified by the fact that the offices had been vacant for some considerable time despite active marketing as well as the fact that there was a range of vacant office accommodation in the vicinity. However in this case the building is 90% occupied which clearly demonstrates that there is a demand in the current economic climate for this type of office accommodation in this location. Furthermore it has recently attracted new occupiers. In response to this the agent states that the tenants are paying low market rents for secondary office accommodation and that the limited floor to ceiling heights do not permit the installation of raised access floors for the installation of data cabling or for the installation of a suitable heating/cooling system. It does not therefore meet modern office requirements and is not capable of upgrading to this level. The Councils Office Property Classification ranks office space on a descending scale from Category A* to A, B and C. Windsor House is classified as Category B space, which is defined as: Good standard specification, normally no raised floors or air conditioning although located in established office areas. No evidence has been provided that the building is not viable as category B office accommodation. Whether rent levels are favourable or not is not a planning matter. The key point is that there is demand for this type of office space in this location and the change of use of a 90% occupied B grade office space in a prime city centre location to single residential use (i.e. a non-employment use that does not directly complement the primary business activity) is contrary to policy and guidance on loss of offices and the policy requirement to preserve a range, choice and quality of business development sites. Whether the proposed student accommodation use is acceptable within the Northern Professional Office Area.

8.9

8.10

8.11

8.12

8.13

8.14

8.15

Whilst the principle of student accommodation is generally considered acceptable in the City Centre Principal Business Area, there is a need to maintain an appropriate balance between alternative uses within the NPOA, given the policy framework that seeks to preserve its established office character. A significant factor in determining this application is the cumulative impact of 177 students next to Summit House (83 students) on the established office character of the NPOA. The scale and impact of the proposed student

8.16

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accommodation taken together with Summit House and other non-business uses in the immediate area will have an adverse impact upon the established office character of Windsor Place and the key role of the NPOA as an important office location. 8.17 The mix of uses in the area is already delicately balanced (as stated in responses to NPOA SPG) and has been further tilted away from established office use by the granting of consent for Summit House (albeit justified in part because Summit house had been vacant for some considerable time). The scale of this significant change of use application (more than trebling the number of students in the immediate vicinity) is likely to further erode the function of the area as a focus for offices and jeopardises the areas ability to function effectively as a location for professional offices. It should also be noted in this context that the proposals are single use and do not retain either an element of office use or complementary uses at ground floor. This is normally expected within a city centre office location. The granting of PP in this case would also create a precedent for similar types of application involving the change of use of active B1 office space to non-business uses in established office areas, contrary to policy and guidance. Paragraph 3.3 of the Northern Professional Office Area SPG states that proposals which either individually or cumulatively with other non-office uses, would cause unacceptable harm to the amenities of existing office users by virtue of disturbance through noise or activity will be resisted, in order to ensure that the perceived attractiveness of the area for professional offices is maintained. It is considered that given the nature, scale and location of the development it is likely to have a negative impact on the perceived attractiveness of the area for professional offices. Other land-use related matters 8.22 The agent asks the question why the positive impacts ascribed to student housing in the case of the Summit House consent and the St. Andrews Lane resolution to grant, namely the undersupply of purpose-built student accommodation, the potential to release private rented student accommodation for family use through the provision of purpose-built accommodation, and the level of activity that a student use brings to an area, do not apply in the case of Windsor House. In the case of Summit House, given that a vacant building was being brought back into use and that the building and surrounding public realm were being significantly improved, it was considered that the impact of 83 students on the NPOA was, on balance, acceptable. The St. Andrews Lane resolution to grant is for 84 beds and the site is in a less prominent location. It is also a new build and therefore involves no loss of existing office space.

8.18

8.19

8.20

8.21

8.23

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8.24

The potential for an increase in the supply of managed student housing is acknowledged, as is its location in highly sustainable locations such as the city centre, however in this case it is not considered acceptable on balance because it will result in the loss of a prime office site and erosion (through cumulative impact) of the office character and amenity of the NPOA. The agent also questions the weight attached to outdated LP and SPG given the developments in the Cardiff Office market over the last 10 to 15 years. They argue that the availability of alternative office accommodation of an equivalent or higher standard both within and outside the CCPBA means that less weight should be attached to policies that seek to protect existing office space. In this case the fact that the offices are located in a prime city centre location and that they are occupied during a prolonged recession demonstrates that there is demand, and it would therefore be inconsistent with other recent decisions to recommend that permission be granted that would result in a significant reduction of active office accommodation in the city centre. It should also be noted that until the Cardiff LDP is adopted the Local Plan and the Deposit UDP remain a consideration in the determination of planning applications. The agent also states that the NPOA does not protect larger floor plate offices. However the evidence provided by the agent demonstrates that the occupants are generally smaller businesses and the average floor area of the existing office uses within Windsor House is about 200 sqm. The agent also points out that a significant % of the tenants are not B1 uses. This however may be a reflection of the current economic climate and is not evidence in itself that the building is not suitable for small scale B1 users, and in particular businesses that are starting up and looking for cheaper city centre locations. Public realm:

8.25

8.26

8.27

8.28

8.29

8.30

The public realm surrounding the site is generally of a poor quality, particularly along Dumfries Place where the existing layout of mature street trees, bus shelters and bollards (that define the boundary of the application site) narrow the footway and significantly impact on pedestrian movement and accessibility through the area. The footway is constructed from a mix of concrete slabs, black macadam and concrete infill. The improvements are required to provide a safer and more accessible pedestrian environment than that which serves the site at present, particularly due to the nature of the proposed use as student accommodation where movements will take place across a longer period of time, including late at night.

8.31

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To the south of the site, a rear lane provides both pedestrian access to Windsor Houses courtyard area and service vehicle access to the properties fronting onto Queen Street. The pedestrian and vehicle routes are separated by a dwarf wall and crash barrier guard rail that provides informal seating and enables people to congregate in an area that is not overlooked by the surrounding properties. There is a need to upgrade the public realm surrounding the site to a standard commensurate with recently completed works in the city centre. Policy 2.55 of the deposit Unitary Development Plan identifies the need for new developments to make appropriate provision for public realm improvements. In addition, Policy B2 of the adopted South Glamorgan (Cardiff Area) Replacement Structure Plan favours measures to improve the environmental quality of the urban fabric. The approved City Centre Strategy (2007-2010) states that new developments will be expected to enhance the appearance, accessibility and the use of the public realm (p.28). This is reinforced by Action 5 of the Urban Design and Public Realm chapter which is to secure contributions from new developments for public realm enhancements. It is requested that the following public realm works are undertaken: Dumfries Place. Resurfacing of the entire Dumfries Place footway, from the service lane at the rear of Windsor House to the junction of Windsor Lane (and up to the building frontage) with 400x400 white polished Novostone (consistent with public realm works completed along Queen Street and Station Terrace). Replacement of damaged kerbstones and the installation of dropped kerbs and 400x400 buff coloured tactile paving slabs at both uncontrolled crossing points Removal of the existing concrete bollards and replacement with a design that is consistent with those identified in the Cardiff City Centre Public Realm Manual Repositioning of the bollards 3m from the back edge of the street trees / bus shelters in order to improve pedestrian accessibility

8.33

8.34

8.35

8.36 8.37

8.38

Rear Service Lane Resurfacing of the footway with 400x400 white polished Novostone and removal of the existing kerb upstand Removal of existing crash barrier and replace with a suitable railing to prevent people sitting / congregating on the dwarf wall

8.39

Both the rear lane to the south of the site and the section of the Dumfries Place footway located within the boundary of the existing bollards do not form

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part of the Adopted Highway and it is therefore recommended that the proposed public realm improvements are undertaken by the applicant. 8.40 Design: The application is for change of use with some minor external alterations that do not raise any design-related issues Access and Parking: In relation to parking provision Highways has no objection given the use and the highly sustainable location. Amenity of neighbouring occupiers (overlooking and daylighting): The proposals raise no issues of overlooking or daylighting. Amenity of future occupiers: Community facilities are provided however there is only a very limited external amenity space provided. This is considered acceptable for student housing in a city centre location and adjacent to a park. Parks Services have requested financial contributions to offset the lack of onsite provision to be secured through a S106 legal agreement. All student rooms enjoy adequate levels of daylighting and a reasonable outlook. There is also some concern over the amenity on the future occupiers of the proposed dwelling, taking into consideration the sites location adjacent to commercial premises and along a busy road where traffic noise may be an issue. However, it is noted that Pollution Control has no objection, subject to the recommended conditions. Representations 8.46 The objections to the application on the grounds of loss of office use and impact on the established office character of the NPOA have been addressed above. Objections related to the need or otherwise for more purpose-built student housing, the disruption to existing tenants, and the benefits of planning permission not benefiting the local business community, are not planning considerations. The site is not in a conservation area and objections on grounds of adverse impact on the appearance and character of the conservation areas are not valid. The potential presence of bats can be dealt with by condition. Possible noise complaints against Buffalo Bar can also be dealt with by condition, as was the case with the Summit House application.

8.41

8.42

8.43

8.43

8.44

8.45

8.47

8.48

8.49 8.50

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CONCLUSION It is recommended that the application be refused on the grounds of loss of active office space and the cumulative impact of the proposals on the established office character of the NPOA and its ability to function effectively as a location for professional offices. In the event that Committee resolves to grant planning permission the requested financial contribution towards AQ monitoring, and the exact nature and extent of the proposed public realm works, will need to be negotiated with the applicant.

9.2

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94

COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 12/1130/DCO ELY Full Planning Permission APPLICATION DATE: 25/07/2012

Liver Homes (General Buildings LLP) 70 MILL ROAD, ELY, CARDIFF, CF5 4AH NEW RESIDENTIAL DEVELOPMENT. ERECTION OF A 3 STOREY APARTMENT BLOCK FOR 11 NO. 1 BED APARTMENTS. ___________________________________________________________________ RECOMMENDATION 1: That, subject to the persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under Section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.6, 5.7 and 5.8 of the Chief City Development Officers report planning permission be granted subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans numbered P-01 Revision B attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 3. C3S Cycle Parking 4. D3D Maintenance of Parking Within Site 5. No development shall take place until a site assessment, including ground permeability testing, has been undertaken to determine the whether sustainable drainage techniques can be utilised, and a drainage scheme for the disposal of both surface water and foul sewage, including any connection to the existing drainage system has been submitted to and approved by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development. 6. E7Z Imported Aggregates 7. D7Z Contaminated materials 8. C5A Construction of Site Enclosure 9. E1B Samples of Materials

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10. Prior to the commencement of development a site assessment, including ground permeability testing, shall be undertaken to determine the practicality of utilising sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure an orderly form of development. 11. D4A Landscape Scheme 12. E4A Implementation of Landscape Scheme 13. Details of a sound insulation scheme to the party walls of rooms and landings/stairs above ground floor level adjoining 72 Mill Road shall be submitted to and approved in writing by the Local Planning Authority and the sound insulation scheme shall be implemented in accordance with the approved details prior to beneficial occupation. Reason: to protect the amenities of adjoining residents 14. Prior to beneficial occupation details of external lighting to be installed to the undercroft access and rear car park shall be submitted to, and approved in writing by the Local Planning Authority. The approved details shall be implemented within 2 months of their approval. Reason: In the interests of safety and crime prevention 15. D7G Road Traffic Noise 16. Prior to beneficial occupation details of external lighting to be installed to the undercroft access and rear car park shall be submitted to, and approved in writing by the Local Planning Authority. The approved details shall be implemented within 2 months of their approval. Reason: In the interests of safety and crime prevention. 17. No development shall take place until construction details of the footway crossover at the access point on Mill Road, including reconstruction / resurfacing of the existing footway along the frontage of the site have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the development being brought into beneficial use. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of all users passing along the highway abutting the site; 18. Planning permission does not extend to the kerbed radii entrance as shown on drawing no. P-01 Revision B, and details of a footway crossover shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development. The approved details shall be implemented prior to beneficial occupation of the development hereby approved. Reason: In the interests of pedestrian safety.

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19. C1J CFSH - Stan Overarch Con Post 11/12/10 20. C1K CFSH - Pre-ComCon Post 11/12/10 21. C1L CFSH - Post Construc Con Post 11/12/10 22. The refuse storage facilities shown on the approved plans shall be provided prior to beneficial use of the flats hereby approved. Reason: To secure an orderly form of development and to protect the amenities of the area. RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. . RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

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The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. . RECOMMENDATION 4: That public transport options are provided to tenants upon residency, as a Welcome Pack, as this can set in train sustainable transport behaviours. Leaflets are available from the Council for the bus and cycle routes in the area as well as guidance on the kind of information to provide in the pack which would promote sustainable transport behaviours. RECOMMENDATION 5: That the developer be advised to liaise with Highway Operations in order to obtain the necessary licence to implement the proposed footway improvement works . 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT The application is for the construction of 11no. 1 bedroom apartments over three floors, with dormers in the roofspace. It is proposed to provide 8no. parking spaces within the car park to the rear of the building, which is to be accessed via an undercroft entrance on the eastern side of the front elevation. To the rear of the building are located refuse storage facilities and cycle parking. The building is to be constructed in a mixture of facing brickwork and render (white in colour) and the roof is to be finished in natural slate tiles to match the adjacent properties. The majority of the windows on the front elevation will have feature brick quoins around. The rear elevation of the proposed building is to be finished in brick, with only the two projecting, enclosed stairwells to be finished in white coloured render. Timber clad panels are to be used on the rear elevation adjacent to the windows, as a design feature. DESCRIPTION OF SITE The application site is a vacant site which formerly comprised an end of terrace property and its adjoining yard and ancillary buildings. There were several outbuildings / workshops / garages on the site, including a two storey detached building adjacent to the rear side boundary with 72 Mill Road, and a continuous line of single storey buildings along the boundary with 68a Mill Road. This line of buildings had monopitched roofs sloping down from the boundary with 68a Mill Road. The garage nearest to Mill Road was 4.2 metres high (maximum) and extended right out to the back of the pavement. The rest of this line of buildings was approximately 6 metres high (maximum). Prior to demolition the yard had an unkempt appearance and had been used for lorry storage. The neighbouring property to the west (no.72 Mill Road) has a single storey rear extension along the boundary with no.70, to the same length as the previous two storey annexe to no.70.

1.2

2. 2.1

2.2

2.3

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2.4 2.5

There is a 4 metre high wall along the rear of the site with open space beyond. Although most of the buildings in the vicinity are two storey dwellings, there is a 2/3 storey nursing home on the opposite side of Mill Road, to the east of the application site. SITE HISTORY 05/2707/W Committee resolved to grant permission for 11no. flats. Subject to a financial contribution towards public transport enhancement. The decision notice was issued. However, the financial contribution was never received. Furthermore, the development commenced on site, and was not in accordance with the approved plans. Following intervention by Planning Enforcement development ceased on site, with construction not exceeding slab level. 03/723/R Planning permission was granted in February 2004 for the demolition of the existing dwelling and the construction of 11 flats. Demolition works took place but prior to construction commencing it was discovered that the building could not be constructed in accordance with the approved plans as the roof would be 0.5 metres higher than shown. POLICY FRAMEWORK The site is within existing residential land as defined in the City of Cardiff Local Plan. Planning Policy Wales 2011 (4th Edition) Relevant Technical Advice Notes (TANs): 11 Noise (1997) 12 Design (2009) 18 Transport (2007)

3. 3.1

3.2

4. 4.1

4.2 4.3

4.4

The application should be considered against the following policies of the adopted City of Cardiff Local Plan: (i) 11 Design and Aesthetic Quality (ii) 17 Parking and servicing requirements (iii) 18 Provision for Cyclists

4.5

The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant: (i) (ii) (iii) (iv) 2.20 Good Design 2.24 Residential Amenity 2.45 Trees, Woodlands and Hedgerows 2.57 Parking and Servicing

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(v) 2.64 Air, Noise and Light Pollution 4.6 The following Supplementary Planning Guidance: (i) (ii) (iii) (iv) (v) (vi) Access, Circulation and Parking Requirements, Standards, January 2010; Trees and Development, March 2007; Waste Collection and Storage Facilities, March 2007. Infill Sites (2011) Residential Design Guide (2008) Householder Design Guide (2007)

5. 5.1

INTERNAL CONSULTEE RESPONSES The Operational Manager Pollution Control (Contaminated Land) has no objections subject to conditions regarding the importation of soil or aggregates to the site and an advisory note relating to contaminated and unstable land. The Operational Manager Pollution Control (Air and Noise) has no objections subject to a condition requiring a sound insulation scheme to ensure that all habitable rooms exposed to external road traffic noise in excess of 63 dBA or 57dBA at night shall be subject to sound insulation measures in accordance with a sound insulation scheme to be submitted for approval. In addition an additional recommendation is required advising the applicant of the provisions of the control of Pollution Act 1974 in relation to construction site noise. Waste Management has been consulted on the amended plans. Any comments will be reported. The Operational Manager Drainage recommends a condition requiring ground permeability testing to be undertaken and an informed drainage scheme submitted for approval prior to commencement of development. The Urban Design Team advise: Scale and Massing The proposal is for a three storey building with dormers on the third level. The eaves are similar to those of the two storey properties in the street scene. The dormers are not a characteristic feature of the street. The design team recommend that the windows at the upper floors would benefit from velux treatment. The ground and first floor windows do not align with the adjoining terraces. Following comments previously made by the design team, the ridge level has been lowered; the gable feature has been retained and lowered and the position of the dormers has been lowered. Building Line The proposed building line respects that of the existing dwellings on either side of the vacant site. The retention of the existing retaining wall is

5.2

5.3

5.4

5.5

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welcomed. Materials The use of contrasting facing brick to window, banding detail and sections of render reflects the pattern and character of existing terraced housing. The proposed natural grey slate roof compliments neighbouring properties. Access Infill guidance (section 3.0) recommends the retention of active frontages. Concern is raised about the main entrance to the flats being located to the rear of the development with no defined entrance door onto Mill Road. The introduction of a more defined feature on the front elevation of the block would benefit the street scene through additional animation and activity. It is therefore recommended a front pedestrian access to the units is provided which could be connected through to the back of the building and the rear parking area. The proposed floor plans shows a pedestrian access adjacent to the front elevation with ramped access to the building, which links through to the rear of the property. Separate vehicular access runs adjacent to the pedestrian link way, to the parking at the rear of the property. The use of separate materials to define these areas as well as tactile paving, dropped kerbs etc is welcomed. It is imperative that the footpath link is sufficiently lit to enable a secure route to the building. The proposed floor plans show two blocks at the rear of the building to accommodate the stairwell with external landing areas providing access to the flat units some of which are shared. 5.6 The Operational Manager Parks advises: The Councils Supplementary Planning Guidance - Open Space requires provision of a satisfactory level and standard of open space on all new housing developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable. As no public open space is being provided on-site, the developers will be required to make a financial contribution towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality. Based on the information given, allowing for an occupancy rate of 15.73, the contribution will be 15,152 I enclose a copy of the calculation, which includes the 4% Development Control administration fee. In the event that the Councils minded to approve the application, I assume it will be necessary for the applicant and the Council to enter into a Section 106 Agreement to secure payment of the contribution. 5.7 The Operational Manager Transportation

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The Access, Circulation & Parking Standards SPG, stipulates a car parking range of minimum 5.5Nospaces and maximum 11No spaces for residents. As such the proposed 9No spaces, sits within this range and is deemed to be acceptable in principle. The width of most of the spaces has been increased from 2.4 to 3.0 metres in order to allow for easier manoeuvring behind bays; The proposed cycle parking is currently less than the minimum requirement as set out in the Access, Circulation & Parking Standards SPG, i.e. this should be increased to 11No; The proposed access will need to be constructed as a footway crossover arrangement rather than with kerbed radii as is currently shown. Conditions are required ensuring that the parking shown on the approved plans is provided and maintained, that 11no. cycle parking spaces are provided, and that construction details of the footway crossover at the access point on Mill Road, including reconstruction / resurfacing of the existing footway along the frontage of the site are submitted to and approved in writing. Advisory notes are required relating to the requirement to obtain a licence from Highway Operations in order to implement the footway improvement works and that public transport options are provided to tenants upon residency as a welcome pack, as this can promote sustainable transport behaviours. 5.8 The Councils Affordable Housing Section has advised: Robust negotiations have taken place around the scheme application, as the applicant informed the Council that in their opinion, the scheme was unable to provide an affordable housing contribution on the basis of the economic viability of the overall scheme. We have considered fully the economic viability of this proposed scheme internally, with the Councils Valuation Department. Housing Strategy accept that in the current market conditions it is not viable for the scheme to provide an affordable housing contribution. However, a deferred payment arrangement / review mechanis clause will be included within the Section 106 agreement, up to the value of a maximum 40% affordable housing contribution, which is calculated as 225,040, in line with the formula in the Affordable Housing Supplementary Planning Guidance (SPG), should the viability improve with a change in market conditions. 6. 6.1 EXTERNAL CONSULTEE RESPONSES None received.

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REPRESENTATIONS The application was advertised be means of press and site notice and Local Members were consulted, along with adjoining neighbours. No representations were received. ANALYSIS The principle of development of this site for flats was established in February 2004 (03/723/R). The Urban Design team has highlighted concerns regarding the use of dormer windows facing Mill Road. However, it should be noted that the scheme previously approved in 2005 for 11no. flats contained dormers. It is acknowledged that the Residential Design Guide SPG has been adopted since the approval of the previous application. However, it is not considered desirable for the occupiers of the top floor flats to only have a rear aspect, with rooflights to the front of the property, rather than windows with a view of the streetscene. In addition it should be noted that the applicant has scaled down the size of the proposed dormers and lowered the height, in order to minimise visual impact. The proposed pedestrian access to the flats is to be achieved from the side and rear of the premises, via the undercroft vehicular and pedestrian entrance. It is acknowledged that the access arrangement is not ideal and that active frontages are encouraged. However, the access arrangement does not differ from the previously approved scheme in 2005. The levels of the site and the retaining wall along the frontage with Mill Road, act as a barrier to front pedestrian access. Condition 16 will require details of all external lighting, including to the undercroft access, in the interests of pedestrian safety and crime prevention. It should be noted that the development site is in a poor state at present and has become an overgrown and dilapidated plot. The site consists of partially completed foundations and vegetation and has become a victim of illegal dumping. The proposed development would result in the unsightly plot being cleared of debris and developed in order to provide much needed entry level housing. It is not considered that the proposed development would prejudice the privacy or amenities of neighbouring occupiers. Condition 15 will ensure that a scheme of sound insulation to the party walls with no.72 is installed, in order to protect the amenities of these occupiers. It is considered that given the previous partly commercial use of the site and the collection of dilapidated outbuildings the proposed development would be an improvement upon the amenities of neighbouring occupiers. A Section 106 Agreement is required in order to secure the required financial contributions for Public Open Space, Parks and potentially affordable housing, should the housing market improve significantly (see paragraphs 5.6 and 5.7

8. 8.1

8.2

8.3

8.4

8.5

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and 5.8 above).

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COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/1295/DCO LLANISHEN Certificate of Lawful Development - proposed APPLICATION DATE: 01/08/2012

Aviva Investors UNIT 4, 4A & 4B TY GLAS RETAIL PARK, PARC TY GLAS, LLANISHEN, CARDIFF, CF14 5DX PROPOSAL: LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED USE CLASS A1 ___________________________________________________________________ RECOMMENDATION: That a certificate of lawfulness for the proposed use of Units 4A and 4B Ty Glas Retail Park, identified on the site location plan accompanying the application, for the unrestricted sale of goods within Class A1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) be issued for the following reasons: 1. On the basis of the evidence submitted, the works implemented in respect of planning permission 07/00510/E provides for the creation of three separate retail units by the subdivision of Unit 4 into three separate units. 1. DESCRIPTION OF PROPOSED DEVELOPMENT An application for a Certificate of Lawfulness of proposed use (CLOPUDs) has been submitted on behalf of Aviva Investors seeking confirmation that the existing pets at Home store (which comprises units 4A and 4B Ty Glas Park) may be used for the unrestricted retail sale of goods within Use Class A1. The applicants supporting statement sets out the planning history of the units and provides a summary of the background principles involved within the case, including a number of planning appeals and recent high court cases. The application is supported by Counsel Opinion. Unit 4 at the Ty Glas Retail Park is currently occupied by Starbucks Coffee Co (UK) Limited and Units 4A/4B currently occupied by Pets at Home Limited. the planning units which are occupied by the retailers were created by planning permission 07/00510/E, granted 14th May 2007) which does not impose any restriction on the range of goods which can be sold from Units 4A/4B. The original outline planning permission (00/01081/N) for the erection of retail development along with associated car parking access and landscaping works was approved on 5th November 2002. Condition 15 of the planning permission stated:

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The proposal shall consist of a maximum of 6,520sq.mts gross floorspace. The net floorspace of the foodstore identified as Unit 01 on Plan SK13/REV F shall not exceed 929 square metres and shall only be used for the sale of convenience goods, except that a maximum of 232 square metres of this may be used for the sale of non-convenience goods. (For the avoidance of doubt convenience goods shall be taken to mean: food, drink, tobacco, household cleaning materials, newspapers and magazines). The remainder of the floorspace hereby permitted and identified as units 02 to 06 on Plan SK13/Rev F shall only be used for the retail sales of furniture, carpets, home furnishings, electrical goods, DIY goods, office equipment, pets and pet products. None of the units shall be subdivided to form units of less than 750 square metres gross. (For the avoidance of doubt DIY goods shall be taken to mean; paint and wallpaper; timber & building materials, hardware and electrical fittings, bath, shower units and plumbing materials; and gardening supplies including shrubs, plants, peat, fertiliser, garden furniture, greenhouses and sheds). Reason: the implications of other uses or changes to the format of sales have not been tested in relation to this application and would need to be examined fully in line with each of the criteria and tests of the retail strategy of the development plan and / or government planning guidance. Reserved matters pursuant to the outline permission were approved in March 2003 (Planning permission no.03/0069/E). In May 2007 planning permission no. 07/00510/E was approved for: Alterations to front and rear elevations (insertion of entrance doors). Subdivision into three units and change of use of Unit 4 to Class A3.

2.7

The approved drawings show that planning permission was granted for works of subdivision within the existing unit 4. The drawings show that the new units were to be renamed Unit 4, unit 4A and unit 4B. Starbucks Coffee (UK) Ltd operate the A3 use at Unit 4 in accordance with the planning permission and Units 4A and 4B currently operate as a single unit occupied by Pets at Home. In July 2009, Cardiff Council permitted a minor amendment to the approved alterations to the building. The amended plans alter slightly the design of the permitted entrance feature for Units 4 and 4A. The amendment allowed the provision of two separate signage structures, instead of a large single sign structure for Units 4 and 4A and no signage structure for Unit 4B. The approved amendments have been implemented, thus allowing the occupation of Unit 4A/4B by Pets at Home, who occupy the unit in accordance with the amended permission reference 07/00510/E. The planning permission was subject to four planning conditions. Condition 2 states:

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2.10

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Notwithstanding the provisions of Schedule 2, Part 3, Classes A and C, of the Town and Country Planning (General Permitted Development) Order 1995, Unit 4, hereby approved, shall be used for the purpose specified in the application (Class A3 use) and for no purpose falling within Class A1 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument amending, revoking or reenacting that Order), other than for the sale of goods permitted under Condition 15 of outline planning permission 00/1081N (as varied by planning permission 07/595E). Reason: The implications of other uses and changes to the format of sales have not been tested in relation to the application and would need to be examined fully, in relation to the policies of the development plan and/or government planning guidance. 2.11 There are no conditions limiting the range of goods that can be sold from the newly created units 4A or 4B. There are no further planning permissions granted relevant to Unit 4 and the current use of Units 4 and 4A/4B remains lawful in accordance with permission 07/00510/E. The effect of the implementation of the planning permission 07/00510/E is to create a new chapter of planning history, comprising of up to three new planning units, controlled by planning permission 07/00510/E. In short, the implementation of planning permission 07/00510/E supersedes the controls imposed on the use of the former Unit 4 permission no. 00/01081/N (as amended) and permission reference 03/2756/N (as determined at appeal). The applicant makes reference to a decision of the House of Lords in Newbury District council v The Secretary of State for the Environment (1981) AC578. In this case, the applicant states that it was made clear that the creation of a new planning unit constituted a new phase or chapter in a planning history of a site. Accordingly if conditions relating to the planning unit or units were intended, they had to be imposed. Also relevant is the decision of the Court of appeal in Jennings Motors limited V Secretary of State for the environment (1982) JBL181. In this case Oliver LJ stated: Where there has been a total change in the physical nature of the premises, it was easy to infer indeed the reference might be irresistible that reliance upon any prior user was being abandoned and a new planning history was to begin. Such an inference could equally be drawn and may equally be irresistible where there was no change or a less radical change in the physical nature of the site but a change in its planning status which was inconsistent with the preservation of a prior existing use for instance, its subdivision into smaller units of occupation or its incorporation into a larger single unit.

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2.16 The applicant states that it is clear from these two leading cases referred to above, that the creation of new planning units in accordance with planning permission 07/00510/E commences a new chapter of the planning history, subject to the controls imposed on the May 2007 permission. 2.17 More recently, two High court cases have applied these principles in a modern retail warehouse context. In Stevenage borough Council v the Secretary of State for Communities and Local Government (2010) EWHC1289 (Admin), the ruling followed the principal of Barnet v Secretary of State for communities and Local Government (2009)1P and CR24 that the approved drawings are an essential element of a detailed planning permission. In this case such subdivision (similar to Ty Glas retail Park) was clearly shown on the approved drawings. The Court ruled that in applying the Barnet principle that the effect of the planning permission was to authorise the subdivision of a single retail unit into two units. Once this principle was accepted, it followed that the result was that the new planning units were free of the former sales restrictions, given that the permission (as in the present case) did not re-impose any former sales restrictions. The Court concluded: (The relevant permission)did indeed encompass the internal subdivision works, the resulting building was a new chapter in the planning history and / or Section 75 (3) of the Actr applied, thereby having the effect of removing Condition 3 and justifying the (LDC) granted. 2.18 Section 75 (3) of the 1990 Act (as indicated to be relevant above) provides that where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used. The section then states that if no purpose is so specified, the permission should be construed as including permission to use the building for the purpose for which it is designed. Section 336 (1) of the 1990 Town and Country Planning Act indicates that building encompasses any part of a building and erection includes alterations to that building (or and part of that building). The end result is that where planning permission is granted for the formation of new units (by way of subdivision) and no sale of goods restriction is specified by way of condition, planning permission has been granted for open A1 retail use. The second relevant recent High Court decision is Prudential Assurance Company Limited v Sunderland City Council (2010) EHWC1771 (Admin). This followed the same principles as the Stevenage decision, and the court concluded: on any view of the wording of the notice of the grant of permission, the permission , granted was for retail units, i.e. Shops. In absence of a condition limiting the use of the units for certain categories of shops or a condition limiting that which can be sold, or the uses permitted under Class A1 are permitted. (Paragraph 29). The end result was that the High court held that Section 75(3) had the same

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effect as in the Stevenage decision and thus planning permission was granted for open A1 use without restriction. 2.21 The applicant has submitted a legal opinion of Christopher Knowles QC and Simon Pickles. The opinion outlines an approach in accordance with the Stevenage and Sunderland decisions: We conclude that the lawful use of Units 4A and 4B is open Class A1 retail use in accordance with the second May 2007 permission (07/00510/E) and that the Council is required, in accordance with Section 192(2) to issue a certificate confirming that is proposed use as such would, at the date of the application be lawful. 2.22 The applicant has also submitted an appeal decision (ref APP/N/5090/X/05/2004068) in which a Planning Inspector came to the same view as the courts in the Stevenage and Prudential rulings in his consideration of an appeal against the London Borough of Barnets refusal to grant CLOPUDS in relation to the subdivision of larger retail units into small units. An appeal decision (ref APP/D4635/X/08/2080097) in which a planning permission was granted for alterations including internal subdivision and no condition was attached restricting the type of goods that could be sold from the site. The planning inspector granted the relevant certificate certifying the new units confer a new chapter of planning history on the site, free from any previous restriction in the absence of any new conditions granted. DESCRIPTION OF SITE The application relates to the existing pets at Home store (which comprises units 4A and 4B), of the Ty Glas Retail Park. The units have a combined gross internal floor area of 573 square metres. 3. 3.1 SITE HISTORY 07/00510/E Permission granted for Alterations to front and rear elevations (insertion of entrance doors). Subdivision into three units and change of use of Unit 4 to Class A3. 03/2756/N - Allowed at appeal - Proposed modifications to Conditions 14 and 15 of planning permission 00/1081 relating to the use to which development may be put and ranges of goods that can be sold. 00/01081/N Retail development along with associated car parking access and landscaping works. POLICY FRAMEWORK Not Applicable.

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INTERNAL CONSULTEE RESPONSES The Chief Legal Officer has no objections to the conclusion reached in the analysis. EXTERNAL CONSULTEE RESPONSES None. REPRESENTATIONS None. ANALYSIS The application seeks confirmation that Units 4A and 4B may be used for the unrestricted retail sale of goods within Class A1. The determination of the application turns on the interpretation of the planning permission granted on 9th May 2007 (07/00510/E) for alterations to front and rear elevations, (insertion of entrance doors) subdivision into three units and change of use of unit 4 to Use Class A3. It is accepted on the balance of the evidence that the consent has been implemented. The applicants Agents, supported by Counsel, argue that the consequence of granting planning permission for the subdivision of unit 4 into three separate units, (Units 4, 4A and 4B) and by only imposing a condition restricting the use of Unit 4 (Condition 2) and not for the newly created units 4A and 4B, the local planning authority has given consent for an open retail use for these units i.e. a use which would allow the unrestricted sale of goods within class A1. The applicants agent refers to a number of court rulings, namely the Stevenage and Prudential rulings and an appeal decision from the London Borough of Barnetts refusal to grant a CLOPUDS in relation to the subdivision of large retails units to smaller units. The evidential test in a Certificate of Lawfulness application is on the balance of probabilities and not beyond reasonable doubt. Circular 24/97 states that the principle that the applicants own evidence does not need to be corroborated by independent evidence in order to be accepted. If the local planning authority has no evidence of its own to contradict or make the applicants version of events less than probable, there is no good reason to refuse the application provided the applicants evidence is sufficiently precise to justify the grant of a Certificate on the balance of probability. In this case, it is not considered that the Council has evidence to contradict or make less than probable the applicants version of events. The local planning authority has taken into account the relevant planning history, and the evidence submitted, including consideration of the planning appeal and High Court decisions referred to by the applicant and the opinion

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of the applicants counsel. It considers the applicants evidence and supporting documentation is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability. 8.7 On that basis the Council has no reason to refuse the application. Therefore, it is recommended that a Certificate of Lawfulness for the proposed use of Units 4A and 4B for the unrestricted sale of goods within Class A1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) be issued for the following reasons: On the basis of the evidence submitted, the works implemented in respect of planning permission 07/00510/E provide for the creation of three separate retail units by the subdivision of Unit 4 into Unit 4, Unit 4A and Unit 4B and planning permission 07/00510/E only seeks to control the use of Unit 4, through the imposition of Condition 2. No conditions were imposed on the planning permission regarding the lawful uses of units 4A and 4B and it is therefore, reasonable to conclude that units 4A and 4B could be lawfully used for unrestricted retail sale of goods within class A1 purposes.

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44.2m
TY GLAS AVENUE

PARC TY GL AS

Ty Glas Retail Park

41.8m

El Sub Sta

Site Plan : Units 4, 4a & 4b, Ty Glas Retail Park, Llanishen, Cardiff Date : July 2012 Scale 1:1250@A4 North

MONTAGU EVANS
C H A RT E R E D S U RV E YO R S
5 Bolton Street, London W1J 8BA Tel : 020-7493 4002 Fax : 020-7312 7548 www.montagu-evans.co.uk

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LOCAL MEMBER OBJECTION

COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/1330/DCO HEATH Full Planning Permission APPLICATION DATE: 08/08/2012

Silver Crescent Estates Limited 220-221 KING GEORGE V DRIVE EAST, HEATH, CARDIFF, CF14 4ER PROPOSAL: CONVERSION OF EXISTING DWELLINGS (2NO) TWO STOREY SIDE AND REAR EXTENSIONS AND SINGLE STOREY REAR EXTENSIONS WITH TERRACE ABOVE TO FORM 9 SELF CONTAINED FLATS WITH ONSITE CAR PARKING, CYCLE, AMENITY AND REFUSE FACILITIES ___________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under Section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 8.12 of the Chief City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. The consent relates to the application as amended by the revised plans received on 24th October, 2012, and plan numbered AL(00)03A attached to and forming part of this planning application. Reason: The plans amend and form part of the application. 3. D3D Maintenance of Parking Within Site 4. Prior to their construction on site, details showing the provision of 9 no. cycle parking spaces in a secure, lockable shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles. 5. Prior to its construction on site, details of the means of site enclosure shall be submitted to and approved by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected.

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6. Prior to its provision on site, details of facilities for the storage of refuse containers shall be submitted to and approved in writing by the Local Planning Authority. The facilities approved shall be provided before the development is brought into beneficial use and shall be thereafter retained for future use. Reason: To secure an orderly form of development and to protect the amenities of the area. 7. D7G Road Traffic Noise 8. H7G Plant Noise 9. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a comprehensive drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development. 10. The proposed roof tile, pebble dash render and external brick finish shall match the existing dwelling, unless otherwise agreed in writing with the local planning authority. Reason: To ensure that the finished appearance of the development is in keeping with the area. RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a

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site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 4: That the developer be advised to obtain the permission of the Operational Manager, Street Operations, prior to undertaking any works in the public highway in relation to the extension of the existing crossovers and the relocation of an existing street light column from the front of 220 King George V Drive. RECOMMENDATION 5: That the application be advised to contact the Operational Manager, City Management, regarding the need to amend existing Traffic Regulation Orders (Resident Only Parking) following the works in the public highway. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Permission is sought for the conversion of existing dwellings (2 no.), the construction of two-storey side and rear extensions and single-storey rear extensions with terrace above to form 9 no. self contained flats with on-site car parking, cycle, amenity, and refuse facilities at 220-221 King George V Drive East, Heath. The amended proposals have set each of the proposed side extensions back approximately 500mm from the front of the existing dwellings and down approximately 500mm from the original roof ridge. The amendments have also retained the hip roof design of the original dwellings and mirrored this hip roof design in the side extensions. This has led to a decrease in the number of flats from 10 no. to 9 no. The two-storey side extension at No. 221 would be set approximately 0.8 metres off the shared boundary with No. 222 and would not extend beyond the rear elevation of this neighbouring occupier. The existing 2 no. garages

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would be demolished to accommodate the extensions. 1.4 The extensions would be finished with an off-white render and concrete tiles, the latter to match the existing dwellings. The pebble dash render and brickwork to the front elevations would be retained. The two-storey rear extension has a hip roof design and would be set approximately 2.2 metres from this shared boundary and would extend approximately 4 metres to the rear. An access/maintenance path is proposed adjacent to the boundary with No. 221 with a landscape buffer between the rear extension and the boundary. The two-storey side and rear extension at No. 220 is a mirror image of the extension to No. 221. Each of the ground floor flats would have a private rear amenity space measuring approximately 16.5 square metres. 2 no. first floor flats would have private balconies of at least 7 square metres. No private amenity space would be provided for the remaining 3 no. flats, although a communal amenity space measuring approximately 30 square metres would be provided to the rear. Each of the proposed one bedroom flats would have an internal floorspace (excluding corridors and cupboards) of over 30 square metres. 2 no. flat roof dormers are proposed to the rear elevations. 2 no. off-street parking spaces would be provided to the front of No. 221 with a further 6 no. spaces to the rear, which would be accessed via a driveway to the side of No. 220. Waste and recycling storage and cycle parking facilities are proposed to the rear. DESCRIPTION OF SITE The site comprises a pair of semi-detached dwellings, each with a hip roof and a double bay fronted window. The dwellings date from the inter-war era. Neither dwelling has been extended previously. Each dwelling has a single detached garage to the rear. The site is located on the main approach into Heath Hospital from Allensbank Road. The land rises gradually to the east. SITE HISTORY No relevant applications.

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POLICY FRAMEWORK Planning Policy Wales, 4th Edition (February 2011). Technical Advice Notes (TANs): 12 22 Design (2009) Planning for Sustainable Buildings (2010)

4.3

South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April 1997): EV1 MV1 Towards Sustainable Development Location of New Developments

4.4

City of Cardiff Local Plan (January 1996): 11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups 28 Subdivision of Residential Property 31 Residential Open Space Requirement

4.5

Deposit Unitary Development Plan (October 2003) 1.A 1.B 1.N 2.20 2.22 2.24 2.26 2.57 General Principles for the Location of Development Achieving Good Design Car Parking Good Design Subdivision of Residential Properties Residential Amenity Provision for Open Space, Recreation, and Leisure Access, Circulation and Parking Requirements

4.6

Relevant Supplementary Planning Guidance: Access, Circulation and Parking Standards (January 2010) Developer Contributions for Transport (January 2010) Waste Collection and Storage Facilities (March 2007) Residential Design Guide (March 2008) Open Space (2008)

5. 5.1

INTERNAL CONSULTEES RESPONSES The Operational Manager, Drainage Division strongly advises that Welsh Water are consulted to confirm whether public sewers are present in the vicinity of the site. He also recommends a condition requiring drainage details to be approved prior to the commencement of development.

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The Operational Manager, Transportation, notes that only existing residents qualify for parking permits meaning that future residents of the proposed flats will not qualify. In this context the provision of adequate off-street parking is considered to be essential and the provision of 8 no. off-street spaces in association with 9 no. single bedroom flats is towards the upper end of the range stipulated in the Supplementary Planning Guidance. This level of supply is considered to be satisfactory, subject to conditions to retain these spaces and the provision of 9 no. cycle parking spaces. He advises that amended plans are required as the existing parking area to the front of No. 221 is not of sufficient width to accommodate 2 spaces with independent access/egress and will therefore need to be widened to 4.5 metres. In addition the existing access to No. 220 would similarly need to be widened to 4.5 metres in order to enable 2 vehicles to pass each other at the entrance. He also suggests a second recommendation advising the applicant of the need to secure the consent of the Operational Manager, Street Operations, prior to undertaking any works within the adopted highway in relation to the required extension of the existing footway crossovers. It appears that the extension to the No. 20 crossover would require the relocation of an existing street lighting column. A further pre-requisite to the widening of the existing footway crossovers is that Traffic Regulation Orders relating to the existing parking restrictions on King George V Drive will need to be amended, at the applicants expense, to take account of the widened crossovers. An advisory note is recommended. Finally, mindful of the intensification of use in comparison to the existing situation, a Section 106 contribution towards public transport enhancement is requested in order to encourage this mode of travel. A contribution of 3,120 requested. The Operational Manager, Transportation, is satisfied with the amended proposals, subject to an amended site plan being submitted to show the vehicle access widened to 4.5 metres together with the necessary removal of the boundary wall. The Chief Culture, Leisure and Parks Officer advises that the reduction to 9 no. brings the net increase in units below the threshold of 8 no. units therefore the previous method of calculating the open space contribution no longer applies. A calculation of 260 per bedroom is used (paragraph 4.6 of the Open Space Supplementary Planning Guidance March 2008) generating a contribution of 1820. However, in view of the small contribution that would be generated by such a request, and the legal and management costs associated with such a request on this occasion he does not consider the contribution to be a worthwhile request. In the light of the amended proposals reducing the scheme to 9 no. units, and the site being less than 0.3 hectares, the Chief Housing Strategy Officer accepts that an affordable housing contribution cannot now be sought as neither threshold of 10 units or 0.3 hectares would be reached.

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5.8

The Operational Manager, Waste Management, notes that the proposed bin storage area is beyond the maximum 15 metre pushing/pulling distances for communal bins. She advises that the storage area should either be repositioned nearer the site entrance or the bins must be presented at the entrance on collection day. The Operational Manager, Environment (Noise & Air), recommends conditions relating to road traffic noise and plant noise and a recommendation regarding construction site noise. The Operational Manager, Environment (Contaminated Land), advises that a recommendation regarding contamination and unstable land be attached. The Access Officer has been consulted. Any comments will be reported to Committee. EXTERNAL CONSULTEES RESPONSES Welsh Water recommend drainage conditions be attached to any consent that may be granted. REPRESENTATIONS Councillor F Bowden requests that this application is reported to Planning Committee for determination. She objects to the proposals for the following reasons: (i) This is a very large development within a residential area which is characterised by semi-detached and detached properties. The size of the proposed development will be completely out-of-keeping with the residential street scene and overwhelming in its size and proportion. While understanding that the site is on the boundary with UHW, she does not think it reasonable to have a building that has more in common with Ty Maeth than the surrounding residential properties. It would, to all intents and purposes, give the development the appearance of a further extension of the hospital site and will look like an apartment block; and she considers this to be inappropriate for this location; (ii) The proposals significantly increase the density of occupation at these properties to the detriment of the neighbouring properties. The change from 2 x 3 bedroom semi-detached houses to 10 self-contained units increases the volume of traffic to and from the site, and noise arising from the premises. Each of the ten units have living rooms or kitchens which overlook the rear of the property, and six of these will overlook the neighbouring garden at 222 King George V Drive causing considerable loss of privacy; (iii) The planned development proposes a change to the roof which will turn a hipped roof into a gabled roof and will be at odds with the streetscape and

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will increase the bulk of the building. The design of the roof has the appearance of being taller than neighbouring residential properties and would therefore be out-of-keeping with the street. She is concerned about the proximity of the property to neighbouring 222 King George V Drive, and the potential for the new development to create a loss of light to their property and compromise their present aspect. The plans show windows overlooking the side of 222 King George V Drive at all levels, and the terracing proposed at the first level of the property would seriously compromise the privacy of the neighbours; (iv) The proposed layout of the garden appears to offer little in the way of amenity for the occupants of the property and she has concerns about the number of vehicles which are intended to be parked at the rear of the property. The effect of this will result in a car park rather than a garden and the residents of 22 King George V Drive will be subjected to an unacceptable level of car movements and noise at all times of the day and night. 7.2 Councillor F Bowden has been re-consulted on the amended plans and any further comments will be reported to Committee. The proposals were advertised in the press and by site notice as a major application. The consultation period expired on 23 August 2012. 3 no. letters of objection have been received from the neighbouring occupiers at 222 and 223 King George V Drive East and the Royal College of Nursing. Their objections are summarised as follows: (i) (ii) (iii) (iv) (v) the public site notice was removed before the 21 day had completed; over-development of the site which is out of character for the area; scale and height, including raising of roof ridge, is unsympathetic; roof windows are out-of-character for the area; the design and access statement states solar panels are a possible alternative energy source though these are not shown on the plans. Queries whether these are proposed and whether permission is required for them; (vi) inaccuracies in the submitted plans; (vii) loss of privacy through overlooking; (viii)loss of light; (ix) concerns regarding smell nuisance and vermin around waste storage which must be located away from boundaries with neighbouring properties; (x) entrance signs to flats could cause distraction to motorists; (xi) noise disturbance if students occupy the flats; (xii) drainage system could be overloaded; and (xiii)increased volumes of traffic leading to access problems and increased parking problems in the vicinity. The occupiers of 222 King George V Drive have submitted a petition comprising 28 signatures of persons who oppose the application. No grounds

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for objecting are given. 7.6 The Heath Residents Association objects to the proposals, stating that they would contribute to a continued diminishment of traditional home ownership in the area. The neighbouring occupiers and objectors have been re-consulted on the amended plans and any additional comments will be reported to Committee. ANALYSIS The key issues for consideration of this application are the principle of the conversion from 2 no. dwellings into 9 no. flats, the design and appearance of the amended proposals, the resulting relationship with neighbouring occupiers, the suitability of the access and parking arrangements, the level of provision of private amenity space, the local objections, and the requested developer contributions which would be sought via the completion of a Section 106 Agreement. Policy 26 of the City of Cardiff Local Plan (January 1996) and Policy 2.22 of the deposit Unitary Development Plan (October 2003) give favourable consideration to the subdivision of residential property subject to appropriate provision for car parking, amenity space, and refuse disposal, together with appropriate external alterations. Amended plans have been negotiated which have reduced the scale and massing of the proposed extensions and retained the original hip roof design of the original semi-detached dwellings. The amended proposals are considered to be a substantial improvement on the proposals, ensuring the symmetry of the original dwellings is retained in the extensions. Both of the side extensions are set back and set down from the original dwelling, ensuring their subservient appearance. Each of the proposed flats would exceed the minimum floorspace standards for self-contained flats of 30 square metres. Whilst the flats are relatively small in overall size, it is not considered that an objection on these grounds could be sustained. The proposed dormer windows to the rear are considered to be acceptable in respect of their design and appearance, the size and siting, and their relationship with neighbouring occupiers. In retaining a hip roof design, the amended proposals would result in an improved relationship on the amenities of the neighbouring occupier at No. 222. The vertical height of the side elevation of the extension has been reduced, resulting in a reduction in the overall massing. The amended proposals are therefore considered to be more neighbourly. It is noted that no windows would be installed to the side (east) elevation facing No. 222. It should be noted that, in the event of planning permission

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being granted, future occupiers would not be able to install windows at a later date as no permitted development rights exist for flats. It is accepted that habitable room windows would be installed to the rear (south) elevation, which would allow for oblique views across rear gardens. However this is a normal arrangement for any dwelling in an urban area. Members should also be aware that the amended proposals have set the first floor balconies in the rear elevation back from into the recess, reducing the opportunities for sideways glances. The amended proposals are therefore considered to be satisfactory in respect of their impact upon the amenities and privacy of the neighbouring occupiers at no. 222. 8.8 The amended proposals are considered to have a satisfactory relationship with the neighbouring Royal College of Nursing to the west. It is noted that the Operational Manager, Transportation, is satisfied with the amended proposals, subject to receipt of a plan showing the access widened to 4.5 metres. Members should also be aware that the creation of 8 no. offstreet parking spaces to serve 9 no. one bedroom flats is significantly above the minimum provision of 4.5 spaces according to the current standards in the relevant Supplementary Planning Guidance. The provision of private external amenity space for 6 no. of the proposed 9 no. flats would exceed the minimum standards for amenity space as stated in the Residential Development Supplementary Planning Guidance (March 2008). The remaining 3 no. flats, being single bedroom units, are unlikely to accommodate families and therefore it is not considered to be reasonable to insist on provision for these units. Members should also note the provision of a communal amenity space area at the rear of the site. In respect of the outstanding objections of Councillor Bowden and the local residents which have not already been addressed in this analysis: (i) it is noted that the Operational Manager, Environment (Noise & Air), has no objection to the proposed development. The possible identity of future occupiers of the flats is not a material planning consideration; (ii) it is not considered that the vehicle movements of up to 6 no. vehicles at the rear of the site would result in an unacceptable loss of amenities for neighbouring occupiers, mindful that the dwellings along this section of King George V Drive are located at a busy entrance to the UHW and the A48 dual carriageway is located immediately to the rear of the dwellings; (iii) a replacement site notice was issued following the notification from a neighbouring occupier that the notice had been removed prematurely; (iv) the existing building would be retained, converted and extended. No increase in the roof ridge height would occur;

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(v) there is no objection to the installation of rooflights to the front elevation. Where dwelling houses are concerned, these can be installed in certain cases under permitted development rights; (vi) The introduction of solar panels is not included in the proposals. (vii) The amended plans are considered to be an accurate representation of the existing dwelling and the proposed development; (viii)A condition is attached requiring full details of the waste and recycling storage facilities to be agreed with the local planning authority prior to the commencement of development; (ix) A relevant condition is attached to ensure the drainage of the foul and surface water meets standards; and (x) No signage to the flats is included in this application. 8.12 The agent has confirmed their agreement to enter into a Section 106 Agreement with the Council to secure a financial contribution of 3,120 towards the enhancement of public transport in the vicinity of the site. Given that the amended proposals would result in a net gain of 7 no. units, an affordable housing contribution is not considerable to be reasonable in this instance as the minimum threshold of 10 no. units or 0.3 hectares has not been reached. It is therefore considered that the amended proposals are acceptable and therefore planning permission is recommended, subject to the completion of a Section 106 Agreement to secure the agreed financial contribution and relevant conditions.

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LOCAL MEMBER OBJECTION

COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 12/1342/DCO PENYLAN Full Planning Permission APPLICATION DATE: 08/08/2012

Mrs Dorothy Kendall 44 SANDRINGHAM ROAD, ROATH, CARDIFF, CF23 5BJ CONVERSION INTO TWO SELF CONTAINED FLATS FIRST FLOOR & GROUND FLOOR REAR EXTENSIONS AND REPLACEMENT WINDOWS ___________________________________________________________________ RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. D3D Maintenance of Parking Within Site 3. No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The samples shall include the proposed brick for the new section of boundary wall. Reason: To ensure that the finished appearance of the development is in keeping with the area. 4. D5A Implement means of enclosure 5. No windows shall be inserted in the side elevation of the first floor extension hereby approved facing towards 42 Sandringham Road. Reason: No ensure that the privacy of the adjoining occupier is protected 6. The shower/toilet window in the rear elevation of the first floor flat shall be glazed with obscure glass and thereafter shall be so retained. Reason: No ensure that the privacy of the adjoining occupier is protected 7. C2N Drainage details 8. The approved refuse storage facilities approved shall be provided before the development is brought into beneficial use and shall be thereafter retained for future use. Reason: To secure an orderly form of development and to protect the amenities of the area.

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9. The cycle parking spaces hereby approved shall be provided before the development is brought into beneficial use and thereafter shall be retained at all times and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles. RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 3: The applicant is advised that whilst like for like repair of the wrought ironwork to the front balcony would be supported, any alteration affecting its character would require planning permission. RECOMMENDATION 4: The applicants attention is drawn to the advice contained in the submitted Flood Consequences Assessment and in the letter from the Environment Agency dated 16th October, 2012, concerning the implementation of measures in relation to the management of flood risk (i.e. that residents register with the Environment Agencys Flood Warning System and that a Flood Emergency Evacuation Plan be prepared and implemented in conjunction with the occupation of the flats). 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT This planning application relates to an end of terrace two bedroom house occupying a corner location at the junction of Sandringham Road and Grenville Road. The dwelling lies opposite Roath Mill Gardens and falls within the Roath Mill Gardens Conservation Area. Planning permission is sought to convert the dwelling into 2 no. one bedroom flats and construct new ground and first floor rear extensions, as shown on the attached plans. The dwelling contains double height bays on both front and side elevations. The proposal seeks to replace the existing 16 no. metal windows in the bays with new traditional sliding sash windows of similar appearance to those at the adjacent 42 Sandringham Road. The main window in the rear elevation of the proposed first floor extension is also to be of a traditional sliding sash design. The Agent advises that the existing brick boundary wall along Grenville Road is frost damaged and it is proposed to repair it to match the appearance of the brick boundary wall opposite, at no. 46 Sandringham Road. A new gate is

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proposed in the wall to access a bin store for the first floor flat. A short section of dwarf wall is proposed alongside the house and will replace that part of the existing single storey flat roof extension which i projects beyond the side of the dwelling, up to the back edge of the footway (refer to photographs). 1.5 Although there are no first floor extensions at the rear of the terrace of which no. 44 forms a part, two storey annexes are a feature of the adjacent terrace. The submitted scheme shows a two storey extension generally in keeping with the rear projections of the nearby terrace in terms of its scale and pitched roof form. The first floor extension will be set in approximately 2.0 metres from the boundary with the attached house (no. 42) and approximately 1.0 metre from external (side) wall of the house. It will project 2.0 metres beyond the main rear elevation of the property. The ground floor extension will have a flat roof on either side of the proposed first extension. However, the scheme follows pre-application advice in that it proposes the removal of that part of the existing flat roof extension which projects unsympathetically in front of the side elevation of the house, facing Grenville Road. A further single storey rear extension is proposed beyond the structures described above, adjoining the boundary with no. 42. The extension, which measures 2.5 metres by 3.0 metres in plan, provides a small utility room and entrance area. It also has a flat roof but this will be approximately 0.5 metres lower than the flat roof structures referred to in paragraph 1.6. Part of the rear amenity area will be fenced off to provide a small private yard for the ground floor flat. The remainder of the rear amenity space will be available for the communal use of both flats. The proposed extension will be finished in cream render to match the appearance of the rear elevations of the terrace. The pitched roof of the first floor extension will be finished in natural slate. The boundary wall along Grenville Road will be repaired/constructed in red brick. A Flood Consequences Assessment has been submitted in support of the application, having regard to the sites location within Flood Zone C2 as identified by the Development Advice Map referred to under TAN 15 : Development and Flood Risk. DESCRIPTION OF SITE This application comprises a traditional two storey end of terrace dwelling at the junction of Sandringham Road and Grenville Road, within the Roath Mill Gardens Conservation Area. The property benefits from double height bay windows on both the Sandringham Road and Grenville Road elevations. The windows in the bays are of metal construction and not sympathetic to the character and

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appearance of the Conservation Area. 2.3 To the rear, the property has a flat roof single storey extension and a smaller pitched roof outbuilding. The rear yard is enclosed along Grenville Road by a brick boundary wall which is approximately 1.6 metres in height. Part of the flat roof extension projects beyond the side elevation of the house, up to the back edge of the footway. At the rear of the yard, the property benefits from a single flat roof garage, beyond which lies a rear lane. The adjoining house at 42 Sandringham Road has a single storey extension running the complete length of the common boundary with the application site, at a height of approximately 2.8 metres. To the south, 11 Grenville Road is separated from the application site by the rear lane. That property has no windows in its side (flank) elevation. SITE HISTORY None directly applicable. POLICY FRAMEWORK Policy 3 (Conservation Area), Policy 11 (Design and Aesthetic Quality), Policy 17 (Parking and Servicing Facilities) and Policy 28 (Subdivision of residential property) of the adopted City of Cardiff Local Plan. Policies 2.20 (Good Design), 2.24 (Residential Amenity), 2.53 (Conservation Areas) and 2.57 (Access, Circulation and Parking Requirements) of the Deposit Cardiff Unitary Development Plan (October 2003). Supplementary Planning Guidance : Householder Design Guide Supplementary Planning Guidance : Waste and Collection and Storage Facilities Roath Mil Gardens Conservation Area Appraisal 2008 Planning Policy Wales Edition 4, February 2011. Paragraph 9.3.3. advises that Insensitive infilling or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an areas character and amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing. TAN 12 : Design TAN 15 : Development and Flood Risk 5. INTERNAL CONSULTEE RESPONSES

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The Operational Manager, Transportation advises that he has no objections to the application subject to the retention of car parking and provision of cycle parking. The Operational Manager, Environment (Pollution Control) has raised no objections but recommends Informative R1 Construction Site Noise. The Operational Manager Waste Management advises that plans detailing refuse storage are acceptable. The Officer requests that the storage areas be provided and retained for future use. The advice of the Conservation Officer has been incorporated into the analysis section of this report. EXTERNAL CONSULTEES RESPONSES Welsh Water/Dwr Cymru has requested drainage conditions to ensure no detriment to the environment or to the Companys assets. Details of a public sewer crossing the application site have also been provided. A copy of the Companys comments has been forwarded to the applicants agent for his information. The Environment Agency advises that the site would be flood free for the 1 in 100 fluvial event with an allowance for climate change. It states that the Flood Consequences Assessment submitted with the application has demonstrated manageability of this risk by recommending that residents register with its flood warning system and that a flood emergency evacuation plan will be prepared and implemented. Consequently, the Environment Agency has no objection to the application. REPRESENTATIONS Councillor B Kelloway states that he has been contacted by the residents of 42 and 40 Sandringham Road who object to the above application. The main grounds for objection are as follows: Loss of family housing. The creation of two flats could generate extra pressure for on street parking spaces in Sandringham Road. Adverse effect on Roath Mill Gardens Conservation Area (With Article 4 Directive). Although the proposed two storey extension is at the rear of the property, it would be viewable from the Conservation Area. Currently, the terrace of houses between 38 and 44 Sandringham Road does not have double additions at the rear. The proposal to build a two storey extension at the rear of 44 Sandringham Road would destroy the original appearance and continuity of design of these properties. It would be out of character and would not be in keeping with the principles underpinning the conservation area status of the road.

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The construction of a two storey extension at the rear of 44 Sandringham Road, with additional windows overlooking the rear garden of 42 Sandringham Road would compromise its privacy The construction of a two storey extension at 44 Sandringham Road would have an overshadowing effect upon the rear habitable rooms at 42 Sandringham Road, throwing the rear elevation into shade and denying natural light to the house and garden/patio area.

Councillor Kelloway requests that the concerns expressed above be taken into account when this planning application is determined. 7.2 Councillor Joe Boyle endorses the points made by Councillor Kelloway and requests that they are taken into account when the planning decision is made. Jenny Willmott MP advises that she has been contacted by a number of constituents who are concerned about this planning application. She understands that the application is for a double extension at the rear of the property, which is situated in the Roath Mill Gardens Conservation Area. She states that the property currently has a single extension, in line with each of the other properties in the 4-house block in which it is situated, and, that none of the other houses in the block have a double extension. As the rear of the properties are south-facing, she feels the development would have a severe impact on the natural light reaching its neighbours and that it would also potentially create a precedent for other properties in the block to be development in the future in a similar way, which would spoil the uniform look which currently exists. 7.4 Jenny Rathbone AM wishes to add her voice to the objections on the application, stating as follows: (i) This is a conservation area and therefore the planning authority has a duty to protect the vernacular of the area. I am concerned that if this application is granted, it will create a precedent which will then make it very difficult to refuse applications for further conversions to flats thereby undermining the purpose of the conservation area status. The particular impact on the adjacent 42 Sandringham Road. The neighbouring occupiers children are deaf and the blocking of light to the rear of the house will materially impact on their ability to lip read. It will also destroy their amenity of being able to eat and play outside without being overlooked.

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The East Cardiff Conservation Group welcomes the removal of the side structure and restoration of the windows but objects to the first floor extension which it considers would destroy the line of the terrace. Six letters of objection have been received from neighbouring and local residents. In summary, the following objections/concerns are raised:

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(iv) (vii) (viii)

(ix)

Adverse impact of the proposed first floor extension on no. 42 Sandringham Road, resulting in an overshadowing effect and reducing natural light to upstairs windows and to the patio/garden area. Loss of privacy to the occupiers of no. 42 Sandringham Road. The proposed first floor extension has three windows of which only one would be obscurely glazed. The property currently has only one first floor window which is obscurely glazed. None of the four houses in the terrace of which no. 44 forms a part have first floor extensions. The proposed first floor extension would damage the appearance and character of the terrace and the surrounding area. Consequently, it is considered that this aspect of the proposal would not accord with the Councils policies to safeguard the appearance and character of the conservation area. There is concern that the proposal would set an undesirable precedent. The conversion of the house into flats is objected to and would involve the loss of a family house and increase parking pressure in the area. The neighbouring occupiers at no. 42 state that they have not signed a Party Wall Agreement and are not in agreement with the proposed works. They also query the proposed use of a sustainable drainage system and consider that the size of the house is not large enough for conversion into two flats. Notwithstanding the concerns outlined above, several of the residents welcome the proposed restoration of the windows.

8. 8.1

ANALYSIS The application seeks to convert the dwelling into two self contained flats, construct ground and first floor rear extensions and install replacement windows. The site lies within an existing housing area as defined in the adopted City of Cardiff Local Plan. Policy 28 of the Local Plan states that the applications for sub division of residential properties into self contained flats will be favourably considered subject to appropriate provision for car parking, amenity space, refuse disposal and appropriate external alterations. In principle, therefore, there is no objection to the proposed use in this area. The main planning issues are considered to relate to: (i) the effect of the proposed development on the character and appearance of the Roath Mill Gardens Conservation Area and the general amenities of neighbouring occupiers; whether the proposed development will provide an acceptable living environmental for future occupiers; parking/highway issues; flood risk.

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This property occupies a prominent corner location within the Roath Mill Gardens Conservation Area. As such, the appearance of the rear of the

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property is considered to be important in terms of the preservation or enhancement of the conservation area. 8.5 Whilst none of the other properties within the small terraced row in which no. 44 is located have two storey rear extensions, each of the dwellings within the terrace on the opposite side of Grenville Road (46-60 Sandringham Road) do have well-proportioned consistent gabled annexes. Therefore on balance, given that the scale and form of the proposed rear two storey extension is comparable to others evident along Sandringham Road, the principle is considered acceptable. The first floor element would project no further than the existing single storey extension and would be set well back from the propertys Grenville Road frontage. The ridge of the extension would match those of the localised examples and sit below the eaves height of the main dwellings roof whilst incorporating an appropriate pitch. As indicated in paragraph 1.6, the existing single storey extension at the rear of the property projects beyond the side elevation of the dwelling, facing Grenville. This, coupled with its bulk and green painted finish ensures that it forms an unsympathetic addition to the property, streetscene and wider conservation area. The proposed works would see the extension brought back to the original building line, significantly reducing its visual impact. This, combined its proposed cream coloured render finish would be considered to enhance the appearance of the conservation area. The existing outside store and wc at the rear of no. 44 would be redeveloped as part of the proposed works with the resulting space being incorporated into the main dwelling. The utility room proposed in this area would be constructed to the same height as the existing building and will project no further into the rear courtyard than the existing building. It would, however, be widened by approximately 2.2 metres. This alteration would not be prominent within the street scene and therefore it is considered that the character and appearance of the conservation area would be preserved. The addition of a shallow pitched roof with incorporated rooflight above the proposed kitchen would not be prominent and considered acceptable on design grounds. The application seeks to replace the unsympathetic metal casement windows located in the bays at the front and side of no. 44 with timber sliding sash windows. The profile and detailing of the proposed windows would match those of the windows evident in the neighbouring dwelling at No. 42 Sandringham Road. As such the replacement windows would be considered to enhance the character and appearance of the conservation area. The replacement windows proposed at the rear of the dwelling would be constructed of upvc with the exception of window W4 which would be a wooden sliding sash window, this being the largest and most prominent window on the rear elevation. Given that the existing windows at the rear of the property are unsympathetic in terms of their proportions, materials and appearance, the proposed uPVC windows are considered acceptable in this

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instance. 8.11 A small section of the boundary wall fronting onto Grenville Road would be removed as part of the proposed works in order to allow for the provision of a bin store associated with the first floor flat. Given that a section of dwarf wall would be reconstructed in the location of the rationalised rear extension and taking into account the limited area of wall which would be removed to allow the provision of a gate/store, its removal would not be considered to harm the character or appearance of the conservation area and is considered acceptable. In relation to the effect of the development on the amenities of neighbouring occupiers, the principle impact will be on the adjoining house 42 Sandringham Road. The Councils Householder Design Guide SPG advises that two storey extensions should not be positioned very close to the boundary adjacent to the garden of a neighbours property. In this case, the proposed first floor extension is modest in length, projecting only 2.0 metres beyond the rear elevation of the existing dwelling, at a distance of 1.8 metres from the boundary with no. 42. It is not considered that proposed two storey extension would result in an overbearing or dominating effect from the windows or the patio area at the rear of no. 42, having regard to its modest length and distance from the boundary. The proposed single storey extensions at the rear would be screened by the existing structures at the rear of no. 42. No. 44 is unusual in that it has only one first floor window in its rear elevation which is obscurely glazed. Consequently, the neighbouring rear garden at no. 42 is not currently overlooked from the application site. Whilst a proposed bathroom window in the rear elevation of no. 44, sited next to the boundary with the neighbour, could be obscurely glazed (as recommended by condition), a proposed kitchen window in the rear elevation of the proposed first floor extension would permit angled views across part of the neighbours rear garden. This aspect of the proposed would therefore diminish the level of privacy currently enjoyed by the occupiers of no. 42. Notwithstanding this, the mutual overlooking of garden areas is a common feature of dense terraced living, as is evident elsewhere at the rear of this block, and it is not considered that this issue would justify a refusal of the planning application. The windows in the rear elevation of the proposed first floor extension will be sited approximately 13.0 metres from the blank gable end of 11 Granville Road to the south, which is separated from the application site by a rear lane. The proposed development is considered to provide adequate internal space for both one bedroom flats, with each flat having a satisfactory outlook. A small outdoor amenity space will be retained at the rear which is considered sufficient for purposes of siting out, refuse/cycle storage and clothes drying. It is also evident that the future occupiers will benefit from the large area of public open space opposite the site.

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The Operational Manager, Transportation has advised that the proposals (which retains one off street parking space) are acceptable on highway safety/parking grounds subject to the retention of the existing parking space and provision/retention of secure cycle parking provision at a ratio of one cycle per bedroom. It should be noted that the Councils approved SPG states that for a one bedroom flat, 0.5-1 car parking spaces will be required and that the Guidelines work on a maximum basis. Consequently the application is considered to comply with the Councils approved parking standards. Issues relating to the construction of the extension including the need for sound proofing will be addressed as part of a building regulations application. Issues relating to the Party Wall Act are not material to the determination of the planning application and is a private matter for the applicant and the adjoining neighbour. The submitted Flood Consequences Assessment concludes there are no residual risk of flooding to the development but recommends that the occupiers register with the Environment Agency Waless Flood Warning System and that Flood Emergency Evacuation Plans should be prepared and implemented. Informative 3 addresses this issue. The Environment Agency has raised no objections to the proposed development. Approval is recommended subject to the attached conditions.

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COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: PROPOSAL: 12/1386/DCO FAIRWATER Full Planning Permission APPLICATION DATE: 10/08/2012

Cadwyn Housing Association 60-72, BEECHLEY DRIVE, PENTREBANE PROPOSED DEMOLITION OF EXISTING RETAIL UNITS AND MAISONETTES AND ERECTION OF 13 NO. DWELLINGS AND 4 NO. COMMERCIAL UNITS (CLASS A1, A2, A3 AND B1 USES) AND ASSOCIATED DELIVERY AREA, ACCESS, PARKING, LANDSCAPING, CYCLE STORE AND BIN STORE. ___________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in the Chief Strategic Planning and Environment Officer's report planning permission is GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. Notwithstanding the details submitted with the application, further information on the means of site enclosure shall be submitted to and approved by the local planning authority prior to their erection on site. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected. 3. E1B Samples of Materials 4. Prior to the construction of the buildings hereby approved, a landscaping scheme shall be submitted and approved in writing by the local planning authority. The scheme shall include a scaled landscaping plan, plant schedule (including species, sizes, and densities) and details of ground preparation, topsoiling and maintenance regime. The planting methodology and maintenance regime shall be supported by tree pit sectional and plan drawings for hard and soft landscape situations. Full details are required concerning provision for adequate usable soil volume, drainage, irrigation and aeration for newly planted trees, including the use of load bearing underground soil cells or structural tree soils for trees in hard landscape situations and root deflectors/barriers to prevent distortion to surfacing. Reason: To maintain and improve the amenity of the area.

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5. No demolition, site preparation or development within the Root Protection Areas (as defined by BS 5837:2012 and assessed by a qualified arboriculturist) of retained trees shall be undertaken that does not accord with an Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP) which shall be submitted to and approved in writing by the LPA.. Details of arboricultural site supervision shall be included within the AMS. The construction materials and method of construction within the Root Protection Areas shall be specified within the AMS to ensure that harm does not result to retained trees. Reason: To protect trees of amenity value that might be damaged by building works or related operations. 6. C4R Landscaping Implementation 7. The consent relates to the application as amended by the revised plans numbered (90)012, (90)007 B and (90)03 C and attached to and forming part of this application. Reason: The plans amend and form part of the application. 8. This consent relates to the application as supplemented by the additional information contained in the email communication from the from the agent dated 9th October, 2012 and 17th October, 2012 (in relation to the gating of the access at the rear of 62-68 Willowdale Road). Reason: The information provides forms part of the application. 9. The car parking spaces shown on the approved plans shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Notwithstanding the details shown on drawing No. (90) 003C, one parking bay shall be laid out as an additional disabled parking space to the front of the commercial block. Reason to ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway 10. Notwithstanding the submitted plans, further details showing the provision of cycle parking spaces (short and long stay) shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the sheltered and secure parking of cycles; 11. Prior to construction of the buildings hereby approved a scheme of environmental highway improvements to Beechley Drive, Firs Avenue and Beech Road and programme for their implementation shall be submitted to and approved in writing by the local planning authority. The scheme shall include (but shall not be limited to) the relocation of the existing zebra crossing facility, re-alignment of the existing kerblines/junction radii and creation of new footway crossovers, including the reconstruction

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and/or resurfacing of the footway/carriageway, provision of tactile paving and the upgrading/replacement of drainage/lighting/beacons/poles/ guard rail/signage/markings as required (and illustrated, in principle, on drawing No. (90)003C). The agreed scheme shall be implemented prior to beneficial use of the development to the satisfaction of the local planning authority. Reason: To ensure the comprehensive enhancement/improvement of the adjacent public highway and to facilitate access to the proposed development. 12. Prior to commencement of each phase of development, a scheme of construction management shall be submitted to and approved by the local planning authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development construction of the relevant phase shall be managed in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity. 13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking, or re-enacting that Order) no structure or extension shall be placed within the curtilage of any dwelling or alteration to any roof. Reason: To ensure the orderly development of the area with adequate space about buildings and in the interests of the visual amenity of the area. 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the side elevations or roof plane of the dwellings at plots 1 and 2 shown on dwg. no. (90) 003 Rev C. Reason: To ensure that the privacy of adjoining occupiers is protected and to ensure that the development does not prejudice the future development of adjoining land. 15. The dwelling units hereby approved shall meet the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. 16. Construction of any dwelling units hereby permitted shall not begin until an Interim Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. 17. Prior to occupation of the individual dwelling units hereby permitted a

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Code for Sustainable Homes (Version 3) Level 3 Final Certificate shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling(s). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards. 18. Prior to the commencement of development a site assessment, including ground permeability testing as appropriate, shall be undertaken to determine the practicality of utilising SUDS techniques such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off, as well as other forms of sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the local planning authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development. 19. D7Z Contaminated materials 20. E7Z Imported Aggregates 21. D7Y Landfill Gas Protection 22. D7G Road Traffic Noise 23. No member of the public shall be admitted or be allowed to remain on the premises within the commercial block hereby approved, between the hours of 23:00 and 07:00. Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected. 24. There shall be no arrival, departure, loading or unloading of delivery vehicles associated with the commercial block hereby approved between the hours of 19:00 and 07:30. Reason: To ensure that the amenities of the occupiers of other premises in the vicinity are protected. 25. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected. 26. The extraction of all fumes from the food preparation areas within the commercial units hereby approved shall be mechanically extracted to a point to be agreed in writing with the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter. Details of

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the above equipment shall be submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected. 27. The commercial block hereby approved (block 5) shall be divided into 4 no. units in accordance with the details shown on drawing no. (90) 003 Rev A unless otherwise agreed in writing by the local planning authority. Unit no. 4 (the anchor unit) shall only be used for the sale of convenience goods and not for any other purpose including those set out in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any Order revoking, amending or re-enacting that Order with or without modification. Units 1, 2 and 3 shall be permitted to be occupied by a user falling within use Classes A1, A2, A3 or B1 (Offices) of the Town and Country Planning (Use Classes) Order 1987, subject to there being no more than one B1 unit and two A3 units within the block. Reason: To safeguard the function of the block as a local centre and to ensure that the amenities of occupiers of other premises in the vicinity of the site and protected. 28. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-acting that Order with or without modification), the sale of hot food for consumption off the premises shall take place from only one A3 unit within the block. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected. 29. Prior to the construction of the commercial block hereby approved, details of facilities for the storage of refuse containers shall be submitted to and approved in writing by the Local Planning Authority. The facilities approved shall be provided before the development is brought into beneficial use and shall be thereafter retained for future use. Reason: To secure an orderly form of development and to protect the amenities of the area. RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of

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the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 4: It is recommended that public transport options are provided to tenants upon residency, as a welcome pack, as this can set in train sustainable transport behaviours. Leaflets are available from the Council for the bus and cycle routes in the area as well as guidance on the kind of information to provide in the pack which would promote sustainable transport behaviours. Liaison with the Councils Travel Plan Office (tel. 02920 873722) to help achieve this. RECOMMENDATION 5: The applicant is advised that the works associated with the encroachment of the development onto the footway will require an area of adopted highway to be stopped-up under procedures contained within Section 247 of the Town and Country Planning Act 1990, prior to commencement of development. RECOMMENDATION 5: The applicant is advised that the highway works (subject to condition) and any other works to the existing or proposed adopted public highway shall be subject to agreements under Section 278 and 38 of

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The Highways Act 1980 between the developer and Local Highway Authority.

1. 1.1

DESCRIPTION OF PROPOSED DEVELOPMENT This planning application relates to the proposed redevelopment of the upper shops local shopping centre at Beechley Drive, Pentrebane, where planning permission is sought for the demolition of the existing three storey block of retail units and maisonettes and the erection of 13 no. dwellings and 4 no. commercial units (Use Classes A1, A2, A3 or B1 uses) associated delivery areas, access parking and landscaping. The application site has suffered a period of decline and has been identified for improvement and redevelopment by the Council. The current application, submitted by Cadwyn Housing Association, and has been prepared in the light of the Regeneration Upper Shops, Beechley Drive, Fairwater : Brief to Registered Social Landlords (July 2010) which sets out the development principles for the site including the proposed components of the development and its detailed design. The scheme seeks to maintain the function of the site as a local shopping centre by providing a single commercial block divided into 4 no. units containing a 180 square metre gross anchor A1 class retail unit and three smaller units of 70 square metres gross internal area. A flexible permission is sought in respect of the use of the smaller units to allow for either A1, A2, A3 or B1 (office) uses. The intention is to provide the opportunity for a variety of suitable uses to occupy the premises in order to secure full occupancy at the earliest opportunity. The current block provides seven commercial units of which only two are occupied (by a convenience store and fish and chip shop). The Agent advises that the two remaining occupiers are in negotiation with the Council regarding their relocation into the new units. The proposed residential blocks occupy the area to the west of the retail block and comprise 1 no. one bed unit (with full disabled facilities), 11 no. two bed units and 1 no. three bed unit (13 no. dwellings in total). Each dwelling has one gated parking space and a rear enclosed garden. The houses are two storeys in scale and designed to be in keeping with dwellings in the vicinity, having pitched roofs with brick and painted render finishes. The retail block is a single storey building with a pitched roof rising to the ridge height of the adjacent proposed dwellings. The block will also be finished in painted render and each unit has a glazed frontage. 12 no. customer parking spaces are proposed along the Beechley Drive and Firs Avenue frontages with 4 no. car parking spaces provided to the rear for staff and the operational uses of the retail units. The servicing and delivery area is accessed off Firs Avenue, as existing. The redevelopment will necessitate the removal of a number of (unprotected)

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mature trees occupy a grassed parcel of land at the rear of the existing block. Some new trees and hedges are shown to be planted on the site, as shown of the attached layout plan. 1.8 The application is accompanied by a Code for Sustainable Homes preassessment which identifies how the development is likely to achieve level 3 (with a minimum of 1 credit under ENE : Dwelling Emission Rate). In addition, the retail units have undergone a pre-assessment under BREEAM and is expected to reach a Performance of Very Good. DESCRIPTION OF SITE The application site comprises one of two local shopping centres in Pentrebane, and forms part of a housing estate constructed by the Council in the 1960s comprising a mix of flats, terraces and semi detached houses. This site is rectangular in shape and measures approximately 0.36 ha (0.89 ac) in area. It comprises one large three storey rectangular block, containing 7 no. commercial units on the ground floor and 10 no. maisonettes above. Only two of the commercial units are currently occupied, by a convenience store and a fish and chip shop. The block fronts onto Beechley Drive to the north, opposite Ysgol Gymraeg Coed y Gof and Pentrebane Community Centre. To the east and west, the site adjoins Firs Avenue and Beech Road respectively. To the south, the site adjoins the Jug and Bottle public house and the rear gardens of nos. 62-68 Willowdale Road. Car parking is provided to the front of the block, along Beechley Drive. Between the block and the development to the south, lies a service lane and an area of grass containing a number of mature trees. SITE HISTORY None directly applicable. POLICY FRAMEWORK Relevant policies of the adopted City of Cardiff Local Plan (1996) include: Policy 11 (Design and Aesthetic Quality) Policy 12 (Energy Efficient Design) Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for Cyclists Policy 19 (Provision for Pedestrians) Policy 24 (Affordable Housing and Special Needs Housing) Policy 31 (Residential Open Space Requirement) Policy 49 (District and Local Centres) 4.2 Relevant policies of the Deposit Cardiff Unitary Development Plan (October

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2003) include: Policy 1B (Achieving Good Design) Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.26 (Provision for Open Space, Recreation and Leisure) 4.3 Supplementary Planning Guidance : Access, Circulation and Parking (January, 2010) Supplementary Planning Guidance : Cardiff Residential Design Guide (March 2008) Supplementary Planning Guidance :Design Guidance for Infill Sites (2011) Supplementary Planning Guidance : Waste Collection and Storage Facilities (March 2007) Supplementary Planning Guidance :Affordable Housing (March 2007) Supplementary Planning Guidance : Open Space (2008) Supplementary Planning Guidance : Affordable Housing Delivery Statement (October 2012) Relevant National Planning Policy Advice is contained in Planning Policy Wales Edition 4, February 2011, TAN 2 : Planning and Affordable Housing (2006), TAN 12 : Design (2009), TAN 22 : Planning for Sustainable Buildings. INTERNAL CONSULTEE RESPONSES The Operational Manager, Environment (Pollution Control) has requested planning conditions and informatives to ensure that the amenities of nearby and future occupiers are protected. The Operational Manager, Transportation has raised no objections to the proposal on grounds of highway safety/parking advising that the scheme complies with the Parking Standards (based on an average of the use classes proposed). Conditions are requested in relation to provision and retention of car parking (including one additional disabled parking space) and cycle parking. The Officer has also requested a condition requiring the submission of a scheme of environmental highway improvements to Beechley Drive, Firs Avenue and Beech Road to include the relocation of the existing zebra crossing facility, re-alignment of the existing kerblines/junction radii and creation of new footway crossovers, provision of tactile paving and the upgrading/replacement of drainage/lighting/beacons/poles/guardrails/signage markings, as required (and illustrated, in principle, on the submitted layout plan). The Officer also advises that existing No Waiting at Specified Times and Disabled Bay TROs are currently provided on Beechley Drive which will required revision as a result of the proposed development. He has therefore requested a financial contribution of 2,080 to facilitate this, secured by a S106 Agreement. 5.3 The Operational Manager, Drainage Management has raised no objections

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on drainage grounds subject to an appropriate drainage condition being attached to any attached to any planning permission that may be granted. The Officer also requests that details of the application be forwarded to Dwr Cymru/Welsh Water for comment. 5.5 The Housing Strategy (Enabling) Officer comments as follows: Cardiff has an identified high housing need for affordable housing in this area of the City. Data available from the Councils current housing waiting list (July 2012) indicates there are 2,000 households waiting for a property in the Pentrebane area. Neighbourhood Regeneration and Housing Strategy have been working closely with Cadwyn Housing Association (the applicant) to design and put together a scheme for the regeneration of the shops and the housing at this site. The regeneration of these shops was identified as a priority. There were also multiple issues facing the whole district area, including high vacancy levels, poor building conditions, and anti-social behaviour issues. An appraisal recommended that redevelopment would provide the best opportunity to secure the long term future of shopping provision in this part of Fairwater. As part of the regeneration and redevelopment, the existing maisonette housing above the shops will be demolished and replaced by a scheme of 13 new build properties for affordable housing. This scheme will provide a much needed regeneration of this area and all 13 units will be delivered as affordable rented housing units, owned and managed by Cadwyn. Housing Strategy is fully supportive of this regeneration scheme which will contribute to the future success and sustainability of the area by providing a mixed-use scheme which will preserve the function as a local shopping centre yet balance this use with new residential development. 5.6 The Operational Manager Waste Management has provided guidance on the required refuse storage provision for the dwellings and commercial units. A copy of the Officers representations has been forwarded to the Agents for their information. The Operational Manager, Parks and Sports advises that no financial contribution towards the provision of off site open space will be required in this instance, mindful that the proposed development will result in a net increase of only three dwelling units and the resulting contribution would be relatively small amount. However, the Officer has requested that a financial contribution should be provided for tree maintenance and replacement in respect of the proposed street tree shown on the layout plan. The Officer has advised that the sum would be 1000 and this would need to be secured via a Section 106 Agreement.

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EXTERNAL CONSULTEES RESPONSES Dwr Cymru/Welsh Water has recommended drainage conditions to ensure no detriment to the environment, residents or the Companys assets. The Company has also provided details of a public sewer crossing the site. The scheme has been designed to take this constraint into account. South Wales Police Architectural Liaison Officer has been notified of the application. No representations have been received. Glamorgan Gwent Archaeological Trust has raised no objections to the application on archaeological grounds. REPRESENTATIONS Local Members have been notified of the application. have been received. No representations

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Neighbouring occupiers have been notified of the application. The application has also been advertised by the display of site notices and a press notice. The occupier of 66 Willowdale Road objects to the application having raised concerns about the likely impact of the proposed dwellings at plots 1 and 2 on her property in terms of the effect on outlook, and possible loss of privacy. She is also concerned that a potentially anti-social alleyway that would be created at the rear of her house. ANALYSIS The application proposes the demolition of the existing upper shops retail units and maisonettes and the erection of 13 no. dwellings and 4 no. commercial units (use Classes A1, A2, A3 and B1), together with associated delivery areas, access, parking, landscaping, cycle and bin stores. The main planning issues relate to the following matters: (i) land use policy considerations; (ii) the effects of the proposed development on the character and appearance of the street scene and the general amenities of neighbouring and nearby occupiers; (iii) the acceptability of the proposed development in respect of highway safety and off street parking provision; (iv) whether the proposed development will provide an acceptable living environment for the existing and prospective occupiers.

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The application site has suffered a period of decline and has been identified for improvement and re-development by the Council since 2008 when an initial appraisal of the local centre was undertaken. In July 2010, the Council published Regenerating Upper Shops, Beechley

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Drive, Fairwater : Brief to Registered Social Landlords setting out the principles for the site including the components of the proposed development (mixed use, separate retail and residential provision and mix of house types), It was envisaged that although the new retail provision would be on a smaller scale than existing, it should preserve the sites function as a local centre. 8.5 The current application is considered to meet these objectives in that the existing run down building will be replaced with a new modern local centre, appropriate to the size of the community, whilst also providing 13 no. new affordable housing units. In retail policy terms, the proposal is considered to be acceptable, provided that the largest unit is restricted to the sale of convenience goods within Class A1 and there being no more than one B1 unit within the block, in order to preserve the role of the centre in meeting local shopping need. In respect of urban design, the proposed scheme will result in a significant improvement in the quality of the urban environment. Both the residential and retail elements provide good levels of surveillance of the public realm. The scale of the development blocks are considered appropriate to the site context, responding well to the existing development in the area. The scheme will necessitate the removal of 8 mature non-protected trees located to the rear of the existing three storey block. Whilst the trees provide some visual amenity, they are not prominently located within the street scene and their removal needs to be balanced against the overall improvement in the quality of the urban environment that will result from the redevelopment of the site. It is proposed to incorporate new tree and hedge planting within the layout, where feasible, having regard to the constraints imposed by existing public drainage infrastructure. The layout provides for an appropriate level of off street parking for both the housing and commercial elements of the scheme together with servicing facilitate for the commercial block accessed of Firs Avenue, as existing. The Operational Manager, Transportation has advised that the scheme is acceptable on highway safety/parking grounds subject to conditions 8 to 11, informatives 4, 5 and 6, and securing a financial contribution of 2,080 to investigate and amend existing traffic orders, and, if necessary, provide new parking restrictions adjacent to the site. With regard to the concerns raised by the occupier of 66 Willowdale Road regarding the siting of block 1 (units 1 and 2), there are no windows in the side elevation of the unit facing the rear of this neighbouring property and therefore there would be no loss of privacy to the occupier. The block would be sited to the north of the properties backing onto Willowbrook Road and sited approximately 12.6 metres from the rear elevation of nos. 66 and 67. This separation distance is considered reasonable to ensure that the structure will not be unduly overbearing on the neighbouring occupiers. With respect to the short alleyway that would be created at the rear of nos. 64 to 68 Willowdale Road, resulting from the construction of unit 1 and its

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associated enclosure, the Operational Manager, Housing Resources and Assisted Living, has agreed to consider a gating scheme including the construction of a wall to enclose the access or to erect a gate attached to the boundary wall provided as part of the re-development scheme to enclose the alleyway. The provision of the gate would therefore be linked to phased development of the site. 8.11 The Operational Manager, Environment (Pollution Control) has requested several planning conditions to ensure that the amenities of neighbouring and future occupiers are protected. This includes a condition to limit the number of proposed A3 units to 2 no. of, which only one would be permitted takeaway sales (conditions 27 and 28). In conclusion, the proposal will result in a significant improvement in the quality of the urban environment within the area, providing new retail commercial facilities appropriate in scale to the local community and 13 no. new affordable housing units. Approval is recommended, subject to the attached conditions and to the conclusion of a S106 Agreement relating to the highway matter (traffic orders) and tree maintenance/replacement, outlined in paragraphs 5.2 and 5.7.

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COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/1521/DCO LLANDAFF NORTH Variation of conditions APPLICATION DATE: 10/09/2012

Bellway Homes (Wales) Limited OLD VAUGHANS LAUNDRY, ANDREWS ROAD, LLANDAFF NORTH, CARDIFF, CF14 2JP PROPOSAL: VARIATION OF CONDITION 3 OF PLANNING PERMISSION 09/01044/W [THE DETAILS SUBMITTED IN DISCHARGE OF CONDITION 1 SHALL NOT PROVIDE FOR THE DEVELOPMENT OF MORE THAN 15 HOUSES AND 60 FLATS TO BE AMENDED TO READ THE DETAILS SUBMITTED IN DISCHARGE OF CONDITION 1 SHALL NOT PROVIDE FOR THE DEVELOPMENT OF MORE THAN 32 HOUSES. ___________________________________________________________________ RECOMMENDATION 1: That, subject to the satisfactory completion of a Deed of Variation of the Planning Obligation under SECTION 106 of the Town and Country Planning Act 1990 dated 14th October 2011 relating to planning permission 09/01044/W, encompassing the matters referred to in paragraph 8.9 of the Chief City Development Officer's report, planning permission be GRANTED subject to the following conditions: 1. A. Approval of the details of the layout, scale and appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the layout, scale and appearance of any buildings to be erected and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved. C. Application for approval of the reserved matters shall be made to the Local Planning Authority before 15th October 2014. D. The development hereby permitted shall be begun either before 15th October 2016 or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later. Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012. B, C and D. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990. 2. Any building erected on the site shall not exceed three storeys in height. Reason: To ensure that the scale of the development is in keeping with

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the scale of existing adjoining development, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan. 3. The details submitted in discharge of condition 1 shall not provide for the development of more than 32 houses and shall not include any flats. Reason: For the avoidance of doubt as to the extent of the permission hereby granted. 4. No development shall take place until details of a turning space within the curtilage of the site to enable vehicles to enter and leave the site in a forward gear have been submitted to and approved in writing by the local planning authority. The development shall not be brought into beneficial use until the details have been implemented and thereafter the space shall not be used for any purpose other than the turning of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 5. Prior to the commencement of development, details of improvements to the existing crossing facility on Station Road shall be submitted to and approved in writing by the Local Planning Authority. The improvements shall be completed in accordance with the approved details prior to beneficial occupation of the development commencing. Reason: To ensure that adequate pedestrian facilities are provided for the proposed development, in accordance with policy 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 6. The car parking spaces shown on the approved plans shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing the site, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 7. Prior to their construction on site, details showing the provision of cycle parking spaces shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles, in accordance with policy 18 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 8. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any

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measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. 9. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. 10. Any topsoil (natural or manufactured), or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. 11. E7Z Imported Aggregates 12. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services

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above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason: In the interests of visual amenity, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan. 13. Any trees, plants, or hedgerows which within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: In the interests of visual amenity, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan. 14. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall accord with the advice in BS 5837 : 2005 Recommendation for Trees in relation to construction. (a) a plan showing the location of, and allocating a reference number to, each existing tree on, or overhanging or growing at a distance less than half its height from the site, which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, and showing which trees are to be retained, and the crown spread of each tree to be retained details of the species, diameter (measured as in paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability of each tree which is to be retained, or which overhangs the site, or which grows at a distance less than half its height from the site. details of any proposed pruning of each tree which is to be retained, or which overhangs the site, or which grows at a distance less than half its height from the site. details of any proposed alterations to existing ground levels, and any proposed excavations, within the crown spread or in the case of trees which have a height greater than their crown spread within half that height, of each tree which is to be retained, or which overhangs the site, or which grows at a distance less than half its height from the site. details of the specification and position of all fencing and other measures to be taken for the protection of any tree which is to be

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retained or which overhangs the site or which grows at a distance less than half its height from the site Reason : To enable the Local Planning Authority to assess the effects of the proposals on existing trees, and of the measures for their protection, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan. 15. Each new dwelling shall meet the requirements of the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). 16. Construction for any dwelling hereby permitted shall not begin until an Interim Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). 17. Prior to occupation of the individual dwelling(s) hereby permitted a Code for Sustainable Homes (Version 3) Level 3 Final Certificate shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling(s). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

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RECOMMENDATION 3: This development falls within a radon affected area and may require full radon protective measures. RECOMMENDATION 4: The agent is informed that the Parks Service has advised that it will not accept responsibility for any problems perceived by future residents arising from the use of the adjoining play area. The layout and design of the development should take into account potential nuisance to future residents from use of the play area. 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT This application seeks an amendment of condition 3 of planning permission 09/01044/W, to amend the mix of approved dwelling types in the light of recent changes in the housing market. Condition 3 states: The details submitted in discharge of condition 1 shall not provide for the development of more than 15 houses and 60 flats. Reason: To ensure an adequate environment is provided for future occupiers and to protect the amenities of the area. 1.2 The change sought to the condition is: The details submitted in discharge of condition 1 shall not provide for the development of more than 32 houses. 1.3 An indicative plan has been submitted which shows a possible layout comprising 28 detached and semi-detached houses with 3 separate access points from Andrews Road. 09/01044/W is an approval of a variation of condition to enable the renewal of outline planning permission 04/01956/W for the redevelopment of a 0.92 hectare commercial site for residential purposes. All details, other than access, are reserved for future approval. The proposal involves the demolition of all existing buildings on the site and indicative plans submitted in 2004 showed the development comprising 15 no. three storey houses and 60 no. three storey flats in 5 blocks located on either side of the road, which would be realigned to run through the centre of the site. DESCRIPTION OF SITE The site comprises a level area occupied by a variety of industrial and storage buildings of different designs and heights, the largest being approximately as tall as a 3 storey house and located at the site entrance, opposite the houses at the western end of Andrews Road. Businesses that have occupied the site include car repairs, storage, printing, an art gallery and a dance school. Most of the site is currently disused. The western and south western boundaries of the site border Hailey Park. To the south west, within the park, are a childrens play area and a bowling green. The park boundary is delineated by a line of mature trees.

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The north eastern boundary adjoins a linear open space part of Hailey Park and the site of the former Glamorgan Canal - which contains a footpath and which separates the site from the rear of properties on Station Road. At the eastern end of the site is the former laundry car park which occupies land at the rear of 26-34 Andrews Road. SITE HISTORY 91/01315 Outline approval for detached 2 storey dwellings and 2 storey private and retirement flats. 04/01956 Outline approval for demolition of existing factory units and new residential development as mixture of houses and flats. 09/01044 Variation of condition 1 of 04/01956 to extend expiry date by a further 3 years. POLICY FRAMEWORK Cardiff Local Plan 17 (Parking and Servicing Facilities); 24 (Affordable and Special Needs Housing); 31 (Residential Open Space Requirement). Supplementary Planning Guidance - Access, Circulation and Parking Standards (January 2010); Waste Collection and Storage Facilities (March 2007); Affordable Housing (March 2007); Community Facilities and Residential Development (March 2007); Open Space (June 2000); Deposit Cardiff Unitary Development Plan 2.21 (Change of Use or Redevelopment to Residential Use); 2.23 (Affordable Housing); 2.24 (Residential Amenity); 2.26 (Provision for Open Space, Recreation and Leisure); 2.57 (Access, Circulation and Parking Requirements); 2.58 (Impact on Transport Networks); 2.74 (Provision for Waste Management Facilities in Development). Planning Policy Wales (2011): 4.4.2: Planning policies and proposals should (inter alia) Promote resource-efficient and climate change resilient settlement patterns, wherever possible avoiding development on greenfield sites Locate developments so as to minimise the demand for travel, especially by private car Facilitate sustainable building standards Ensure that all communities have sufficient good quality housing including affordable housing in safe neighbourhoods Promote access to employment, shopping, education, health, community facilities and green space

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 Foster social inclusion 4.6.4: Local planning authorities should assess the extent to which developments are consistent with minimising the need to travel and increasing accessibility by modes other than the private car. Higher density Development should be encouraged near public transport nodes or near corridors well served by public transport. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 8.7.3: The proposed access to a development should reflect the likely travel patterns involved. 8.7.5: planning conditions and obligations may be used in appropriate circumstances to secure on-site or off-site facilities or improvements in public transport, walking and cycling where such measures would be likely to influence travel patterns to the site. 9.1.1 : The Assembly Government will seek to ensure that previously developed land is used in preference to Greenfield sites; new housing and residential environments are well designed, meet national sustainability standards and make a significant contribution to promoting community regeneration and improving the quality of life, and new housing development in towns, villages and edge of settlement locations is a mix of affordable and market housing that retains and where possible enhances important landscape and wildlife features in the development. 9.1.2: Local authorities should promote sustainable residential environments, avoid large housing areas of monotonous character and make appropriate provision for affordable housing. Local authorities should promote mixed tenure communities, development that is easily accessible by public transport, attractive landscapes around buildings etc. 9.3.1: New housing should be well integrated with and connected to the existing pattern of settlements. 9.3.3: Insensitive infilling or the cumulative effects of development or redevelopment should not be allowed to damage an areas character and amenity. 5. 5.1 INTERNAL CONSULTEE RESPONSES Operational Manager Transportation: No objection to the variation of Condition 3 of 09/01044/W as submitted, on the basis that this would likely be a lesser development in terms of trip generation and traffic impact. Chief Officer Highways and Waste Management (Waste): No objections or observations. Chief Officer, Housing and Neighbourhood Renewal (Housing Strategy): The Affordable Housing contribution has been secured in the s106 agreement that was renewed on 14 October 2011. As social housing grant is not available,

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the percentage of affordable housing to be delivered on site is 18% of the total number of units. As stated in the s106 agreement, the units are to be delivered as social rented accommodation, and the amount that a Registered Social Landlord (RSL) will pay for each unit will be reflective of the lack of grant available. The preferred RSL partner for the delivery of the affordable housing units is Wales & West Housing Association. 6. 6.1 EXTERNAL CONSULTEES RESPONSES Environment Agency Wales: No comments to make as this is a low risk proposal. REPRESENTATIONS The application has been advertised by press notice, site notice and neighbour notification. 6 representations have been received, raising the following concerns: 1. Derelict buildings on the site have become targets for vandalism and antisocial behaviour; 2. Residents of Andrews Road will lose the use of the laundry car park and available on-street parking will be reduced by the development; 3. Part of the development will have no pavement; 4. Existing rights of way a pedestrian route from Andrews Road to Station Road via the laundry car park and vehicular access via the car park to the rear of houses on the north side of the road should be maintained; 5. Water pressure in the area is already very low and could be made worse by the development; 6. Sewers in the area are inadequate; 7. There is no need for more flats; 8. The development will contribute to traffic congestion in the north of Cardiff; 9. The junction at the southern end of Station road may not be adequate to cope with the additional traffic; 10. Increased traffic on Andrews Road will cause disturbance to residents. A new road should be built on the land at the rear of Station Road to serve the new development; 11. Loss of privacy to the flats to the north of the site; 12. Existing trees surrounding the site should be retained; 13. Noise from construction works will disturb neighbouring residents. ANALYSIS The application site falls within a residential area and the site already benefits from planning permission for residential redevelopment. The proposed change in house numbers and types raises no land use policy concerns. The issues to be considered are whether the change in the types and numbers of units has any implications in terms of transportation, the amenities of neighbouring residents or the character and appearance of the surrounding area.

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Given that there is an extant outline planning permission for the erection of houses and flats on this site and that 60 flats and 15 houses was considered an acceptable proposal at the time (the last application being made in 2009 and approved in 2011), the proposed reduction in the overall number of residential units (to no more than 32 houses, with no flats) represents an improvement in terms of traffic generation and parking requirements, therefore there are no objections on transportation grounds. Similarly, the reduction in the numbers of units has positive implications for the amenities of local residents in that they are likely to experience less disturbance from traffic passing along Andrews Road and there will potentially be a reduction in the need for car parking. Means of access to the site (i.e. via Andrews Road) was not a reserved matter and is already approved. The proposal for a development consisting of houses only, with no flats, is considered appropriate in terms of its impact on the appearance and character of the area. There are several blocks of 3 storey flats to the north of the site but the majority of buildings in the area are 2 storey houses. A development consisting of mostly 2 storey, with the possibility of some 3 storey, houses is therefore acceptable. With regard to the objections and concerns received from local residents: 1. The redevelopment of the site will include the removal of the derelict buildings. This issue does not relate to the proposed variation of condition. 2. If residents have a legal right to use the car park, this will not be affected by the granting of planning permission. The proposed variation of the condition will allow a development with a reduced requirement for car parking. 3. The submitted plan is indicative only and is not being considered as part of this application. 4. Planning permission has already been granted for the development of this site, the submitted layout is indicative only and this issue does not relate to the proposed variation of the condition. 5. A reduction in the number of units is likely to have a decreased impact on water pressure; 6. No objections have been raised by Welsh Water. Planning permission has been granted for a larger number of units than is now proposed. 7. The application relates to the removal of flats from the proposal. 8. The proposed reduction in the number of units will result in a decrease in potential traffic generation. 9. No concerns have been raised by the Transportation officer with regard to the junction, and there will be a potential reduction in traffic generation. 10. There will potentially be fewer cars using the road than there would have been if the development was for 60 flats and 15 houses. The land at the rear of Station Road is part of Hailey Park and is outside the application site. Its development as a road would be likely to be unacceptable for a number of reasons.

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11. This issue will be considered when the application for reserved matters for the proposed layout is submitted. It does not relate to the proposed variation of the condition. 12. There is a condition on the existing planning approval which requires the approval of tree protection measures. This issue does not relate to the proposed variation of the condition. 13. This issue is covered by Environmental Protection legislation and is not relevant to this application. 8.7 In conclusion, it is considered that the variation of condition 3 as proposed will enable a more appropriate development on the site which will potentially have less impact on neighbouring residents, result in fewer vehicle movements on surrounding roads and be more in keeping with the character of the area. It is recommended that, rather than the wording proposed by the applicant, the amended condition should read The details submitted in discharge of condition 1 shall not provide for the development of more than 32 houses and shall not include any flats in order to make it clear that flats are no longer proposed, given that the description of the original planning permission (04/01956/W) refers to new residential development as a mixture of houses and flats. The wording of other conditions has also been updated in my recommendation and conditions relating to the Code for Sustainable Homes have been added as these requirements have been introduced since the previous application was submitted. The previous planning permission was subject to a Section 106 obligation relating to the provision of affordable housing on the site and the payment of Highways and Transportation and Public Open Space contributions. The obligation will have to be amended to refer to this planning permission.

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COMMITTEE DATE: 07/11/2012 APPLICATION No. ED: APP: TYPE: APPLICANT: LOCATION: 12/1579/DCO APPLICATION DATE: 17/09/2012

WHITCHURCH/TONGWYNLAIS Full Planning Permission

Bupa Care Homes Ltd HEOL DON RESOURCE CENTRE FOR THE ELDERLY, HEOL DON, WHITCHURCH, CARDIFF, CF14 2XG PROPOSAL: ERECTION OF 3 STOREY 78 BED CARE HOME FOR DEMENTIA, NURSING AND RESIDENTIAL SERVICES WITH SUPPORT FACILITIES TOGETHER WITH PARKING AND GARDENS ___________________________________________________________________ RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to at paragraph 5.6 of the Chief Strategic Planning and Environment Officer's report, planning permission be GRANTED subject to the following conditions: 1. C01 Statutory Time Limit 2. Prior to the commencement of development, samples of the external finishing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.53 of the deposit Cardiff Unitary Development Plan. 3. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason : To enable the Local Planning Authority, to determine that the proposals will maintain and improve the amenity of the area, and to monitor compliance, in accordance with policy 11 of the Cardiff Local Plan

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and policy 2.20 of the deposit Cardiff Unitary Development Plan. 4. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved by the Local Planning Authority (LPA), in accordance with the current British Standard for trees in relation to construction. An Arboricultural Method Statement (AMS), setting out the methodology that will be used to prevent loss of or damage to retained trees. It shall include details of on-site monitoring of tree protection and tree condition that shall be carried out throughout the development and for at least two years after its completion. A revised Tree Protection Plan (TPP) in the form of a scale drawing showing the finalised layout and the tree and landscaping protection methods detailed in the AMS that can be shown graphically, which acknowledges that Tree T04 has a B retention category. Unless written consent is obtained from the LPA, the development shall be carried out in full conformity with the approved AMS and TPP. Reason: In the interests of visual amenity and tree protection, in accordance with policies 3 and 11 of the Cardiff Local Plan and policies 2.20, 2.45 and 2.53 of the deposit Cardiff Unitary Development Plan. 5. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. 6. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

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Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan. 7. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997(or any British Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Unitary Development Plan. 8. The extraction of all fumes from the food preparation areas shall be mechanically extracted to a point to be agreed in writing by the Local Planning Authority, and the extraction system shall be provided with a deodorising filter. All equipment shall be so mounted and installed so as not to give rise to any noise nuisance. Details of the above equipment including the chimney shall be submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Unitary Development Plan. 9. Before the development hereby approved is brought into beneficial use, an operational Waste Strategy and Management Plan for the Local Planning Authority and the approved plan shall be implemented thereafter. Reason: In the interests of satisfactory waste management and to protect the amenities of the area, in accordance with policy 2.74 of the deposit Cardiff Unitary Development Plan. 10. The proposed car parking and manoeuvring areas shall be laid out in accordance with the approved details before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Reason: to make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

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11. A scheme showing the provision of cycle parking spaces shall be submitted to and approved in writing by the local planning authority before their installation on site. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the sheltered and secure parking of cycles, in accordance with policy 18 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 12. No development shall take place until details of the junction between the access road and the highway at Heol Don have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include, but not be limited to, the provision of footway build-outs, the reconstruction/resurfacing of the footways and carriageway, kerbs, edging, drainage, tactile paving, lining, signing and lighting (as required). The agreed scheme shall be implemented prior to occupation of the development. Reason: To ensure the comprehensive enhancement/improvement of the adjacent public highway, to facilitate access to the proposed development and to ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site, in accordance with policies 17 and 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 13. No development shall take place until detailed plans showing the position and form of construction of the access road and footways within the site and the method of disposal of all surface water drainage therefrom have been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented prior to occupation of the development. Reason: To ensure an orderly form of development and to make provision for the satisfactory access to the development, in accordance with policies 17 and 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan. 14. Prior to the commencement of development a scheme of construction management shall be submitted to and approved in writing by the Local Planning Authority, to include details of construction traffic routes, times of deliveries, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The construction shall be managed strictly in accordance with the approved scheme. Reason: In the interests of highway safety and public amenity, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan. 15. Before the development hereby approved is brought into beneficial use, a Travel Plan for the development shall be submitted to and approved in

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writing by the Local Planning Authority, setting out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the plan, unless otherwise agreed in writing with the Local Planning Authority. Reports demonstrating progress in promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the Local Planning Authority, commencing from the first anniversary of beneficial occupation of the development. Reason: In the interests of sustainability and in accordance with policies 13 and 17 of the Cardiff Local Plan and policies 2.20 and 2.57 of the deposit Cardiff Unitary Development Plan. 16. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved in writing by the local planning authority, which shall include sustainable drainage techniques if, as a result of the ground permeability tests, these have been found to be feasible. No part of the development shall be occupied until the drainage scheme is carried out and completed as approved. Reason: In the interests of the proper drainage of the site, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan. 17. The building hereby permitted shall be constructed to achieve a minimum BREEAM overall standard of very good and the mandatory credits for Excellent under the energy credits Ene 1 (Reduction of CO2 Emissions). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). 18. Construction of the building hereby permitted shall not begin until an Interim Certificate has been submitted to the Local Planning Authority, certifying that a minimum BREEAM overall standard of Very Good and the mandatory credits for Excellent under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). 19. Prior to the occupation of the building hereby permitted, a Final Certificate shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall standard of Very Good and the mandatory credits for Excellent under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance

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with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations. RECOMMENDATION 3: This development falls within a radon affected area but does not require any radon protective measures, as recommended for the purposes of the Building Regulations 2000. RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: Unprocessed / unsorted demolition wastes. Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of

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the information available to it, but this does not mean that the land can be considered free from contamination. RECOMMENDATION 5: The developer is advised that foul and surface water discharges must be drained separately from the site. No land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system and the developer should contact the Local Authority Drainage Services for advice if it is intended to drain surface water to the public sewerage system. RECOMMENDATION 6: No part of the building will be permitted within 3m of the centre line of the public sewer. The developer is advised to contact the Dwr Cymru Welsh Water Operations Contact Centre on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991, Dwr Cymru Welsh Water has rights of access to its apparatus at all times. RECOMMENDATION 7: The developer is advised to contact Dwr Cymru Welsh Water (DCWW) at the earliest opportunity with regard to new legislation that makes it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). A Mandatory Build Standard for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under S106 of the Water Industry Act 1991 being Granted by DCWW. Further information on the Mandatory Build Standards can be found on the DCWW website www.dwrcymru.com and on the Welsh Government website www.wales.gov.uk. If a connection is required to the public sewerage system, the developer should contact DCWWs Developer Services on 0800 917 2652. RECOMMENDATION 8: The developer is advised that the works to the access road junction and any other works which relate to the existing or proposed adopted highway are to be subject to an agreement under Section 278 and/or Section 38 of the Highways Act 1980 between the developer and Local Highway Authority. RECOMMENDATION 9: In the interests of crime prevention and site security, it is recommended that this development be built to Police specified Secured by Design standards as promoted by South Wales Police. Information on these standards is available on the website www.securedbydesign.com 1. 1.1 DESCRIPTION OF PROPOSED DEVELOPMENT Full planning permission is sought for the erection of a 78 bed residential and nursing home which will also include care for people living with dementia. Staff facilities and full support services, such as a kitchen and commercial standard laundry, are also provided within the building.

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The building will be two storeys in height, located more or less centrally within the site and will have a T-shaped footprint. Its design will include traditional features such as gables, bay windows and porches, and it will be finished in brickwork and hanging tiles. The central section of the building, containing the main entrance, will be opposite the entrance road into the site. Drop off/pick up points and a parking area for 23 vehicles will be provided close to the entrance. Residents gardens, including a dementia activity garden, will be provided around the periphery of the site. A number of existing trees will be retained within these areas and existing hedges are to be retained, replaced or augmented. A new 1.8m tall boundary fence will be erected between the application site and the adjoining school playing fields. The only access to the site will be via an existing lane which emerges onto the highway between nos 26 and 28 Heol Don. The existing stone and brick boundary walls alongside this lane will be made good, existing vegetation will be cut back and new trees planted, and the junction with Heol Don will be improved. DESCRIPTION OF SITE The site covers around 0.7 hectares, is relatively level, roughly triangular in shape and lies to the rear of houses on Heol Don. The building formerly located on the site was used as a Council resource centre before being demolished in 2010. Three areas of mature trees remain on the site. The eastern and southern boundaries abut the playing fields of Whitchurch High School, and there are private gardens of houses on Heol Don and Kelston Place to the west and north. Access is via a 53m long, 10m wide lane running between 26 and 28 Heol Don. The access lane is within the Church Road, Whitchurch, Conservation Area, the boundary of which follows the rear boundaries of the residential properties on Heol Don. SITE HISTORY 11/00142/DCO Outline planning for residential development. 98/02084/N Provision of additional car parking. 92/00933 Residential development. Advised County Council that proposal was unacceptable backland development and would interfere with tree replacement programme. 92/00795 Change of use to elderly persons resource centre; replacement and replanting of trees. 91/01672 Change of use from former childrens centre to elderly resource centre. persons

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POLICY FRAMEWORK Cardiff Local Plan 3 (Development in Conservation Areas); 10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 13 (Energy Use); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians); 20 (Provision for Special Needs Groups); 22 (Protection of Residential Land); 30 (Insensitive or Inappropriate Infilling). Supplementary Planning Guidance - Access, Circulation and Parking Standards (January 2010); Trees and Development (March 2007); Waste Collection and Storage Facilities (March 2007). Deposit Cardiff Unitary Development Plan 2.20 (Good Design); 2.24 (Residential Amenity); 2.25 (Change of Use of Residential Land or Properties); 2.45 (Trees, Woodlands and Hedgerows); 2.53 (Conservation Areas); 2.57 (Access, Circulation and Parking Requirements); 2.63 (Contaminated and Unstable Land); 2.64 (Air, Noise and Light Pollution); 2.74 (Provision for Waste Management Facilities in Development). Church Road Whitchurch Conservation Area Appraisal (2006). Planning Policy Wales (2011): 4.4.2: Planning policies and proposals should (inter alia) Locate developments so as to minimise the demand for travel, especially by private car Facilitate sustainable building standards Help to ensure the conservation of the historic environment and cultural heritage Promote access to employment, shopping, education, health, community facilities and green space Promote employment opportunities Contribute to the protection and improvement of peoples health and wellbeing 4.10.8: Good design is essential to ensure that areas offer high environmental quality, including open and green spaces. 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. 4.10.10: In areas recognised for their landscape, townscape or historic value, it can be appropriate to seek to promote or reinforce traditional and

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local distinctiveness. 4.10.11: Local planning authorities and developers should consider the issue of accessibility for all. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.11.3: Development proposals should also include features that provide effective adaptation to and resilience against the current and predicted future effects of climate change. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 5.5.13: Local Authorities have a duty to ensure that adequate provision is made for the planting or preservation of trees by imposing conditions and/or by making tree preservation orders. 6.5.17: If any proposed development would conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the granting of planning permission. 6.5.20: Authorities should take into account the visual, historic and amenity contribution of trees in conservation areas. New planting or replanting may be appropriate where consistent with the character and appearance of the area. 8.4.2: Local Authorities should ensure that new developments provide lower levels of parking than have generally been achieved in the past. Minimum parking standards are no longer appropriate. 8.7.1: gives criteria for assessing applications for development with transport implications. 8.7.3: The proposed access to a development should reflect the likely travel patterns involved. 8.7.5: planning conditions and obligations may be used in appropriate circumstances to secure on-site or off-site facilities or improvements in public transport, walking and cycling where such measures would be likely to influence travel patterns to the site. 4.6 Technical Advice Note 12 (Design): 5.3.1 The Assembly Government expects all those involved in the design process to foster a culture of inclusion, whereby design solutions provide access to the widest possible range of people. 5.5.5 It is important that the qualities of the urban landscape (townscape) are appreciated and considered in the design of development. 5.6.2 In areas recognised for their landscape, townscape, architectural, archaeological and/or historic value, the objective of sustaining character is particularly important. More detailed information may be needed in relation to key issues such as the setting and views of key buildings, the degree of architectural unity or informality in building groups, locally distinctive building elements and construction techniques, locally distinctive facing materials, boundary details and street furniture. Welsh Office Circular 61/96: Planning and the Historic Environment:

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Historic Buildings and Conservation Areas. 4.8 5. 5.1 Planning (Listed Buildings and Conservation Areas) Act 1990. INTERNAL CONSULTEE RESPONSES Operational Manager Transportation: No objection to the application provided the submitted Transport Assessment / Framework Travel Plan is acceptable, the content of which is currently being examined by officers. Comments on the Transport Assessment / Framework Travel Plan will be provided at the Planning Committee meeting. The proposed provision of 23 car parking spaces is policy compliant. One way carriageway markings will be needed at the entrance turning area. The proposed number of cycle spaces is acceptable but further details are required to show how the staff spaces will be made sheltered and secure. It is recommended that the footways on either side of the access road are at least 1.8m wide. If necessary, the carriageway width could be reduced to 4.8m. The proposed junction improvement works will require a S278 Agreement to be in place in order to implement. It is considered that footway buildouts will likely be required at this junction in order to improve the visibility at this location, together with associated works. The development should not be occupied until a Travel Plan has been approved, which shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. A financial contribution towards public transport improvements should be secured via a section 106 obligation, the figure to be 7,280 for the provision of two bus boarders at the bus stops closest to the site. Chief Officer Highways and Waste Management (Drainage): No comments received. Observations will be provided at the Planning Committee meeting. Chief Officer Culture, Leisure and Parks (Parks Services): The design has sought to retain as many of the natural features on site as possible. The most important trees have been retained and integrated into the development. The wide ranging and imaginative amenity spaces/gardens around the building available to all residents, and the individual patio areas, are welcomed. I feel the importance of the outside environment has been recognised and should provide a good range of activities for residents. However, the proposed building does occupy a very large proportion of the site meaning that the amenity/garden areas are squeezed into quite small spaces around the perimeter, particularly on the northern and eastern boundaries. The use of a 1.8m timber fence, although understandable, will

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increase this feeling of over-enclosure and the areas are also likely to receive a lot of shading. The design of the fence is also important in terms of providing a robust and attractive boundary. The existing trees will add to the shading. There are also no significant areas of amenity grass. Therefore some increase in the size of amenity area through a modest reduction in the size of the building would be seen as important in terms further improving the quality of life of the residents and would enhance an otherwise good design. 5.10 The Councils Supplementary Planning Guidance - Open Space - requires provision of a satisfactory level and standard of open space on all new housing developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable. In this design a significant amount of open space is being provided on site, therefore this will provide a good level of amenity for many of the residents. As a result of this and due to the frail nature of the residents being accommodated Parks will not be seeking an off-site contribution for this scheme. Pollution Control (Contaminated Land): Standard conditions and recommendations relating to imported materials, radon gas protection and contaminated/unstable land. Pollution Control (Noise & Air): Standard conditions and recommendations relating to construction site noise, plant noise and fume extraction. Chief Officer Highways and Waste Management (Waste): For a development of this size and nature, an in-depth waste strategy should be produced which should detail anticipated volumes of waste and the number of collections that will be required. It may be necessary to implement a compactor to minimise the number of collections. Clinical waste should be stored separately in a fully secure enclosure. A method statement detailing how waste will be transferred to the ground floor is also needed. EXTERNAL CONSULTEES RESPONSES Welsh Water: Foul and surface water discharges must be drained separately. No surface water shall be allowed to connect to the public sewerage system unless agreed by the local planning authority. No land drainage will be permitted to discharge to the public sewerage system. No development will be permitted within 3m of the centreline of the nearby public sewer. No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from the site. A water supply can be made available. Police Crime Prevention Design Advisor: No comments received. Care Standards in Wales: No comments received. North West Cardiff Conservation Group: No adverse comments. REPRESENTATIONS

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The application has been advertised by press notice, site notice and neighbour notification. No objections have been received. One letter of support for the proposed development has been received from the Whitchurch Heritage Action Group. ANALYSIS The application site falls within an existing area for education as defined by the City of Cardiff Local Plan. The Council Resource Centre that formerly occupied the site has been demolished and the site is cleared. Given that the site has been cleared, is not in educational use and is located in a primarily residential area, the proposed redevelopment for a care home raises no land use policy concerns. The main issues for consideration with regard to this application are the impact on the character and appearance of the adjacent Conservation Area and its setting (with particular reference to the access road, which is within the Conservation Area), the wider impact on visual amenity, traffic and transportation considerations and the effect on residential amenity. The main design issue for consideration is the scale and bulk of the proposed development relative to the site and its surroundings. As proposed, the building will occupy a much larger proportion of the application site than did the former resource centre and its scale is much greater than that of other buildings in the area. A smaller and more appropriately scaled development would normally be required in such situations. However, public views of the site are very limited, the height of the building (predominantly two storey) is appropriate to the area and will minimise its prominence, and the distance to neighbouring houses and openness of the adjoining playing fields will ensure that the development does not appear unduly cramped and out of scale with its surroundings. It is not considered that the building will have any adverse impact on the setting of the Conservation Area. The applicant has provided justification for the size of the building, stating that the development has been proposed in response to a growing need for care spaces both within the Whitchurch area and in the nation as a whole and that the resultant footprint of the building, and therefore the number of residents accommodated, seeks to achieve the most economic use of the site, within physical and topographical constraints, whilst retaining sufficient open space around the building to provide a pleasant environment for the residents and adjoining neighbours. The applicant also states that the number of resident bedrooms per wing is the most appropriate, based on their experience, in terms of care staff ratios and that the layout provides 50 square metres of space per resident, which is relatively low but acceptable as the layout also provides a variety of community spaces for residents use. Any significant reduction in the size of the building would therefore have a detrimental impact on the ability of the development to remain economically viable whilst also providing an appropriate standard of accommodation and care for residents. With regard to direct impact on the Conservation Area, the proposal includes the removal of trees and vegetation from the sides of the access road (the

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only part of the site that is within the Conservation Area), with the retention of only one of the existing trees in that area. The trees have been surveyed by an arboriculturist who has confirmed that, with the exception of one tree, they are of low quality. - the vast majority are of poor form, either as a result of mutual suppression or due to historical pruning to provide clearance to adjacent structures/gardens. A number of them are either dead or in such poor health that their structural integrity is compromised. None are considered worthy of protection by a Tree Preservation Order. Detailed landscaping proposals which will be required as a planning condition will offer the opportunity to replace the poor quality trees with suitable trees that will enhance the appearance of the conservation area. 8.6 All other trees on the application site have also been subject to a comprehensive assessment and a significant number are deemed to be of poor quality. Any losses can be offset by tree planting as part of a detailed landscaping scheme. With regard to the impact on residential amenity, the proposed retention and/or replanting of the existing boundary hedges and retention of a number of mature trees will help to reduce the visual impact of the building when seen from neighbouring properties. The siting of the two storey elements of the building in the areas closest to the houses, with the tallest part of the building restricted to the central part of the site, will ensure that the development does not appear overbearing to neighbouring residents and will minimise overshadowing. The distance between the windows of the new building and those of existing houses will be adequate to maintain privacy and the distance between the building and the boundaries with adjoining residential properties will be in excess of 10.5m. Considering the traffic, transportation and parking issues associated with the development, the Operational Manager, Transportation has no objections subject to the conditions set out above and subject to the submitted Transport Assessment / Framework Travel Plan being acceptable. These documents are being assessed by Transportation officers and their observations, along with any requirement for further planning conditions, will be reported to the Planning Committee. In conclusion, the proposed development is considered to be an appropriate use for this site and to be acceptable in terms of its impact on visual amenity, the amenities of neighbouring residents and on the character, appearance and setting of the Church Road Conservation Area. No adverse implications relating to traffic generation or parking provision have been identified and no objections have been received. It is recommended that the application be approved.

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